# legal_provisions

document_id: smvsa-2020
provision_ref: s11
chapter: PART 3 - ENFORCEMENT
section: 11
title: Power to seize vehicles
content:
11. —(1) Where an authorised officer has reason to believe that a small motorised vehicle or vehicle component is a vehicle or component in connection with which an offence under section 5 or 8 has been or is being committed, the authorised officer may, without warrant — ( a ) seize the vehicle or vehicle component and take it to a holding yard; or ( b ) require the owner or person in charge of the vehicle or vehicle component to take the vehicle or component (as the case may be) to and surrender it at a specified holding yard. (2) The power conferred on an authorised officer under subsection (1)( a ) may be exercised whether or not the owner or person in charge of the vehicle or vehicle component is present at the time of its seizure. (3) When a vehicle or vehicle component is seized under this section by an authorised officer, the authorised officer concerned must, as soon as practicable, give notice of the seizure and the grounds of doing so to the owner of the vehicle or component (if known) except that the notice is not required to be given where the seizure is made in the presence of the owner or the owner’s agent. (4) A person who, without reasonable excuse, refuses or neglects to comply with any requirement under subsection (1)( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: smvsa-2020
provision_ref: s12
chapter: PART 3 - ENFORCEMENT
section: 12
title: Offence of non-compliance, etc.
content:
12. —(1) A person commits an offence if the person — ( a ) without prior permission of an authorised officer, opens, breaks, alters or removes any mark, lock, seal or other safeguard used to secure a package, box, container or other thing under section 10(1)( a )(ii) or ( g )(ii); or ( b ) without reasonable excuse, fails to do anything required of the person by an authorised officer under section 10(1). (2) A person commits an offence if the person intentionally alters, suppresses or destroys any document or information which the person has been required by an authorised officer under section 10(1)( i ) to provide. (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (4) A person who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (5) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that — ( a ) the person does not possess the document or information required; or ( b ) the person has taken all reasonable steps available to the person to obtain the document or information required and has been unable to obtain it. (6) To avoid doubt, for the purposes of subsection (1), it is a reasonable excuse for a person to refuse or fail to provide any information, produce any document or answer any question if doing so might tend to incriminate that person.


document_id: smvsa-2020
provision_ref: s13
chapter: PART 3 - ENFORCEMENT
section: 13
title: Offence of providing false information, etc.
content:
13. —(1) If — ( a ) a person provides a document, or makes a statement (whether orally, in writing or any other way) or gives information, to the Authority or an authorised officer; ( b ) the document, statement or information is false or misleading, or the statement or information omits any matter or thing without which the statement or information (as the case may be) is misleading; ( c ) the person knows, or ought reasonably to know, that the document is false or misleading, or that the statement or information is as described in paragraph ( b ); and ( d ) the document is provided, or the statement is made or the information is given, for or in connection with — (i) an application for or relating to an import approval under this Act; or (ii) a question or request of the Authority or an authorised officer made under this Act, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. (2) Subsection (1) does not apply if the document, statement or information — ( a ) is not false or misleading in a material particular; or ( b ) did not omit any matter or thing without which the statement or information (as the case may be) is misleading in a material particular.


document_id: smvsa-2020
provision_ref: s14
chapter: PART 3 - ENFORCEMENT
section: 14
title: Composition of offences
content:
14. —(1) The Chief Executive of the Authority, or any employee of the Authority authorised in writing by the Authority for the purpose of this section, may compound any offence under this Act that is prescribed as a compoundable offence. (2) A compoundable offence may be compounded under this section by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (3) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (4) All sums collected under this section must be paid into the Consolidated Fund.


document_id: smvsa-2020
provision_ref: s15
chapter: PART 3 - ENFORCEMENT
section: 15
title: Forfeiture of vehicles, etc.
content:
15. —(1) Subject to this section, all things seized or surrendered under the provisions of this Act are liable to forfeiture by a court. (2) An order for the forfeiture may be made by the Authority in respect of a vehicle or vehicle components seized or surrendered under this Act if the Authority is satisfied that — ( a ) the vehicle is a non‑compliant personal mobility device or non‑compliant power‑assisted bicycle or the vehicle components if assembled result in a non‑compliant personal mobility device or non‑compliant power‑assisted bicycle; ( b ) an offence under this Act has been committed and the vehicle was or vehicle components were the subject matter, or was or were used in the commission, of the offence; ( c ) at the end of 30 days after the date of the seizure or surrender, no claim to the vehicle or vehicle components is earlier made in the prescribed manner to the Authority by a person who is none of the following: (i) the person from whom the vehicle was or vehicle components were seized; (ii) the person required to surrender the vehicle or vehicle components; (iii) an agent of a person in sub‑paragraph (i) or (ii); and ( d ) a person is convicted of the offence, or a person reasonably suspected of having committed the offence has that offence compounded under section 14. (3) Despite subsection (2), the Authority may at once order the forfeiture of a vehicle or vehicle components seized or surrendered under this Act — ( a ) that is a non‑compliant personal mobility device or non‑compliant power‑assisted bicycle, or that if assembled result in a non‑compliant personal mobility device or non‑compliant power‑assisted bicycle; and ( b ) that the Authority considers is of such a nature or in such condition that it would be dangerous to retain custody, or the detention of the vehicle or vehicle components in a holding yard materially increases the likelihood of an outbreak of fire at the holding yard. (4) Sections 51, 52 and 53 of the Active Mobility Act 2017 apply to a vehicle or vehicle components seized or surrendered under this Act in the same way as those sections apply to a vehicle seized or surrendered under section 50 of that Act.


document_id: smvsa-2020
provision_ref: s17
chapter: PART 4 - ADMINISTRATION
section: 17
title: Authorised officers
content:
17. —(1) The Authority may, in relation to any provision of this Act, appoint as authorised officers for the purposes of that provision from among any of the following who are suitably trained to be authorised officers: ( a ) any individual performing duties in the Authority; ( b ) any auxiliary police officer appointed under the Police Force Act 2004. (2) The Authority may, for any reason that appears to it to be sufficient, at any time revoke an individual’s appointment as an authorised officer. (3) The Authority may delegate the exercise of all or any of the powers conferred or duties imposed upon it by any provision of this Act (except the power of delegation conferred by this subsection) to an authorised officer, subject to such conditions or limitations as set out in this Act or as the Authority may specify; and any reference in that provision of this Act to the Authority includes a reference to such an authorised officer. (4) Any delegation under subsection (3) may be general or in a particular case and may be subject to such conditions or limitations as set out in this Act or as the Authority may specify. (5) A reference in this section to an individual performing duties in the Authority is a reference to — ( a ) an employee of the Authority; or ( b ) a public officer performing duties in the Authority under a secondment arrangement making available temporarily to the Authority the services of public officers.


document_id: smvsa-2020
provision_ref: s18
chapter: PART 4 - ADMINISTRATION
section: 18
title: Identification cards and equipment
content:
18. —(1) The Authority must issue to each authorised officer an identification card. (2) Every authorised officer whose appointment as such ceases must return to the Authority any identification card issued to him or her under subsection (1). (3) An authorised officer must produce his or her identification card for inspection — ( a ) before exercising a power under this Act; and ( b ) at any time during the exercise of a power under this Act, if asked to do so. (4) Every authorised officer is to be issued with such equipment, or such description of equipment, as the Authority may determine to be necessary for the effectual discharge of the duties of an authorised officer.


document_id: smvsa-2020
provision_ref: s19
chapter: PART 4 - ADMINISTRATION
section: 19
title: Obstructing authorised officers, etc.
content:
19. —(1) A person who refuses to give access to, or obstructs, hinders or delays an authorised officer in the discharge of his or her duties under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (2) However, it is not an offence under subsection (1) for any person to refuse to comply with any request, demand or order made or given by an authorised officer who — ( a ) fails to declare his or her office; and ( b ) refuses to produce his or her identification card on demand being made by that person.


document_id: smvsa-2020
provision_ref: s20
chapter: PART 5 - MISCELLANEOUS
section: 20
title: Preservation of secrecy
content:
20. —(1) An individual who is or has been an authorised officer must not disclose any information relating to the affairs of the Authority or of any other person which has been obtained by the individual in the performance of his or her duties or the exercise of his or her functions under this Act, except — ( a ) for the purpose of the performance of his or her duties or the exercise of his or her functions under this Act; or ( b ) when lawfully required or allowed to do so by any court or under the provisions of any written law. (2) An individual who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: smvsa-2020
provision_ref: s21
chapter: PART 5 - MISCELLANEOUS
section: 21
title: Protection from personal liability
content:
21. No liability shall lie against an authorised officer for anything done or intended to be done with reasonable care and in good faith in the execution or purported execution of this Act.


document_id: smvsa-2020
provision_ref: s22
chapter: PART 5 - MISCELLANEOUS
section: 22
title: Offences by corporations
content:
22. —(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; “director” has the meaning given by section 4(1) of the Companies Act 1967; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “reasonable steps”, in relation to the commission of an offence, includes, but is not limited to, such action (if any) of the following kinds as is reasonable in all the circumstances: ( a ) action towards — (i) assessing the corporation’s compliance with the provision creating the offence; and (ii) ensuring that the corporation arranged regular professional assessments of its compliance with the provision; ( b ) action towards ensuring that the corporation’s employees, agents and contractors are provided with information, training, instruction and supervision appropriate to them to enable them to comply with the provision creating the offence so far as the provision is relevant to them; ( c ) action towards ensuring that — (i) the equipment and other resources; and (ii) the structures, work systems and other processes, relevant to compliance with the provision creating the offence are appropriate in all the circumstances; ( d ) action towards creating and maintaining a corporate culture that does not direct, encourage, tolerate or lead to non‑compliance with the provision creating the offence; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. (7) The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any corporation formed or recognised under the law of a territory outside Singapore.


document_id: smvsa-2020
provision_ref: s23
chapter: PART 5 - MISCELLANEOUS
section: 23
title: Offences by unincorporated associations or partnerships
content:
23. —(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 22; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. (7) The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any unincorporated association or partnership formed or recognised under the law of a territory outside Singapore.


document_id: smvsa-2020
provision_ref: s24
chapter: PART 5 - MISCELLANEOUS
section: 24
title: Jurisdiction of courts
content:
24. Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.


document_id: smvsa-2020
provision_ref: s25
chapter: PART 5 - MISCELLANEOUS
section: 25
title: Service of documents
content:
25. —(1) A document that is permitted or required by this Act to be given to or served on a person may be given or served as described in this section. (2) A document permitted or required by this Act to be given to or served on an individual may be given or served — ( a ) by giving it to the individual personally; ( b ) by sending it by post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be given to or served on a partnership (other than a limited liability partnership) may be given or served — ( a ) by giving it to any partner, secretary or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by this Act to be given to or served on a body corporate (including a limited liability partnership) or an unincorporated association may be given or served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; ( c ) by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or ( d ) by sending it by email to the last email address of the body corporate or unincorporated association. (5) In addition, a document (other than a summons) permitted or required by this Act to be given to or served on an individual, a partnership, a body corporate or an unincorporated association may be given or served — ( a ) by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the document is available and how the addressee may use the addressee’s chosen means of access to access the document’s contents; or ( b ) by any other method authorised by regulations made under this Act for the service of documents of that kind if the addressee consents (expressly or impliedly) to service of a document of that kind in that way. (6) The giving or serving 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; and ( c ) if the document is sent by post, 2 days after the day the document was posted (even if it is returned undelivered). (7) However, the giving or serving of any document under this Act on a person by email or by an electronic notice at the person’s chosen means of notification, may be effected only with the person’s prior consent (express or implied) to service in that way. (8) This section does not apply to documents to be served in proceedings in court. (9) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “chosen means of access”, for an addressee to or on whom is or is to be given or served a document permitted or required by this Act, means an electronic means the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents; “chosen means of notification”, for an addressee to or on whom is or is to be given or served a document permitted or required by this Act, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been given to or served on the addressee; “document” includes a notice or an order permitted or required by this Act to be given or 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: smvsa-2020
provision_ref: s26
chapter: PART 5 - MISCELLANEOUS
section: 26
title: General exemption
content:
26. 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 such conditions as the Minister may impose.


document_id: smvsa-2020
provision_ref: s27
chapter: PART 5 - MISCELLANEOUS
section: 27
title: Regulations
content:
27. —(1) The Authority, with the approval of the Minister, may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) In particular, the Authority, with the approval of the Minister, may make regulations for any of the following: ( a ) the grant of import approvals in relation to the import of small motorised vehicles; ( b ) the manner in which, and the time within which, an application for the grant of import approvals in relation to the import of small motorised vehicles is to be made, including — (i) the information that may be required, and the conditions to be satisfied, for the grant of an import approval; and (ii) the disqualification or debarment of persons for an import approval; ( c ) the conditions of import approvals that are conditions of general application; ( d ) the variation, suspension or cancellation of import approvals; ( e ) the labelling or marking of small motorised vehicles imported; ( f ) the duties of persons granted import approvals in relation to the import of small motorised vehicles, including the keeping of records and the provision of returns and other information with respect to the import of such vehicles; ( g ) the fees to be paid in respect of applications for the grant of import approvals and otherwise in connection with the administration of this Act, and for the waiver, reduction or refund of fees charged; ( h ) the offences under this Act that may be compounded. (3) Regulations made under this section may — ( a ) make different provisions with respect to different classes of small motorised vehicles, applicants for import approvals and importers of such vehicles; ( b ) create offences for a contravention of any of the regulations, which may be punishable with a fine not exceeding $10,000 or imprisonment for a term not exceeding 12 months or 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: smvsa-2020
provision_ref: s28
chapter: PART 5 - MISCELLANEOUS
section: 28
title: Presentation to Parliament
content:
28. All subsidiary legislation made under this Act must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: smvsa-2020
provision_ref: s30
chapter: PART 6 - AMENDMENTS TO OTHER ACTS AND FINAL PROVISION
section: 30
title: Saving and transitional provision
content:
30. For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient. [32


document_id: spa-1954
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the Board of Governors of the Singapore Polytechnic constituted under section 4; “Board of Studies” means the Board of Studies established under section 13; “by-laws” means by-laws made by the Board under section 7; “Chairperson” means the Chairperson of the Board; “Principal” means the Principal of the Singapore Polytechnic, and includes any individual acting in that capacity. [5/2018]


document_id: spa-1954
provision_ref: s3
section: 3
title: Establishment of Polytechnic
content:
3. For the purpose of providing for studies, training and research in technology, science, commerce and arts there is established an institution styled the Singapore Polytechnic (called in this Act the Polytechnic).


document_id: spa-1954
provision_ref: s4
section: 4
title: Constitution of Board of Governors
content:
4. —(1) A body called the Board of Governors of the Singapore Polytechnic is constituted, which is a body corporate having perpetual succession and a common seal and which may sue and be sued in its corporate name. (2) The Board consists of the following members: ( a ) a Chairperson; ( b ) a Deputy Chairperson; ( c ) the Principal; and ( d ) such other persons, not being less than 9 or more than 15, as the Minister may determine. (3) Every member of the Board, except the Principal, is to be appointed by the Minister and, unless the Minister otherwise directs, holds office for a period of 3 years from the date of the appointment and is eligible for re‑appointment.


document_id: spa-1954
provision_ref: s5
section: 5
title: Vacation of office of member of Board
content:
5. —(1) The office of a member of the Board is vacated if the member — ( a ) becomes a bankrupt or suspends payment to, or makes any arrangement or composition with, his or her creditors; or ( b ) has been absent, without leave of the Board, from 3 consecutive meetings of the Board. (2) The Minister may revoke the appointment of a member of the Board, except that of the Principal, if the member becomes in the opinion of the Minister unfit to continue in office or incapable of performing the member’s duties. (3) A member of the Board, except the Principal, may resign from his or her appointment at any time by giving written notice to the Minister.


document_id: spa-1954
provision_ref: s6
section: 6
title: Filling of vacancy in office of member of Board
content:
6. If the office of a member of the Board, other than that of the Principal, is vacant, the Minister may appoint any person to fill the vacancy and to hold the office for the remainder of the term of the person’s predecessor.


document_id: spa-1954
provision_ref: s7
section: 7
title: Functions of Board
content:
7. —(1) It is the duty of the Board, in the exercise of its powers and in the performance of its functions, to act in the manner that appears to it best calculated to promote the aims and interests of the Polytechnic. (2) The functions of the Board include the carrying on of all activities and the doing of all things that are necessary or advantageous and proper for the government, control and administration of the Polytechnic and of the assets of the Polytechnic. (3) In particular, but without limiting subsection (2), the functions of the Board include the following: ( a ) the authorisation of appropriate and necessary expenditure within the limits of the funds available to the Polytechnic; ( b ) the preparation of an annual report on the working of the Polytechnic and the preparation of the annual estimates and of such annual statements as are required by this Act or by any regulations made under this Act; ( c ) the appointment of the members of the academic and administrative staff and the appointment of such advisers as the Board may consider necessary or desirable; ( d ) the making, after consultation with the Board of Studies, of by‑laws relating generally to the academic management of the Polytechnic and in particular to — (i) the qualifications necessary for admission to the Polytechnic, the courses of instruction to be provided for students at the Polytechnic, the duration and number of Polytechnic terms, the award of certificates or diplomas to students of the Polytechnic and the revocation of any certificates or diplomas so awarded; (ii) the grant of scholarships and studentships, and the revocation of any such grant; and (iii) the making of provision for the connection of schools and institutes with the Polytechnic; ( e ) the making of by-laws relating to — (i) the procedure in regard to meetings of the Board, the Board of Studies and of any committee duly appointed under the provisions of this Act; (ii) the setting up, membership and functions of advisory committees and the procedure in regard to the meetings of those advisory committees; (iii) the form and method of keeping the accounts of the Polytechnic; (iv) the powers and functions of the officers of the Polytechnic and of any committee duly appointed under the provisions of this Act; and (v) the fees or charges to be payable by any person to the Polytechnic, including charges for the late payment of any such fee or charge; [Act 4 of 2008 wef 01/04/2024] ( f ) the provision of pensions, superannuation or provident fund schemes for the benefit of the employees of the Polytechnic or any section of those employees and the making of arrangements for the establishment of those schemes; ( g ) the regulation and provisions of residences for officers, teachers, staff and students of the Polytechnic and the welfare and discipline of teachers, staff and students; ( h ) the demand and receipt of any fees prescribed by by‑laws. (4) The Board may appoint from among its own members such and so many committees either of a general or special nature and consisting of such number of persons as the Board thinks fit, for any purposes which in the opinion of the Board would be better regulated by means of those committees. (5) The proceedings of every committee of the Board must be recorded in writing and must be open to the inspection of any member of the Board or any member of the committee at any time. (6) Any committee of the Board has full power to act on any resolution passed by it within the scope of the powers delegated to it under subsection (4) and all decisions of the committee must be reported to the Board.


document_id: spa-1954
provision_ref: s7A
section: 7A
title: Validation of collection of charge for late payment of fee or charge
content:
7A. Every amount collected before the date of commencement of the Statutes (Miscellaneous Amendments) Act 2008 as, or purportedly as, a charge for the late payment of any fee or charge referred to in section 7(2)( e )(v) 1 shall be deemed to be and always to have been validly collected, and no legal proceedings shall lie or be instituted or maintained in any court of law on account of or in respect of any such collection. 1 Section 7(2)( e )(v) is to be construed as section 7(3)( e )(v) of the Singapore Polytechnic Act 1954, according to section 20(1) of the Revised Edition of the Laws Act 1983. [Act 4 of 2008 wef 01/04/2024]


document_id: spa-1954
provision_ref: s8
section: 8
title: Secretary of Board
content:
8. The Registrar of the Polytechnic is the secretary of the Board, and must attend all meetings of the Board unless excused for good cause by the Chairperson.


document_id: spa-1954
provision_ref: s9
section: 9
title: Meetings of Board
content:
9. —(1) The Chairperson must summon meetings of the Board as often as may be required. (2) At every meeting of the Board 6 members form a quorum. (3) Every decision at a meeting of the Board is to be adopted by a simple majority of the votes of the members present and voting, except that in the case of an equality of votes, the Chairperson or, in the Chairperson’s absence, the Deputy Chairperson of the Board has a casting vote. (4) The Chairperson or, in the Chairperson’s absence, the Deputy Chairperson presides at a meeting of the Board. (5) In the absence of the Chairperson and the Deputy Chairperson at a meeting of the Board, such member as the members present may elect presides at the meeting. (6) The Board may grant leave of absence from a meeting of the Board to a member of the Board. (7) The Board is not precluded from holding a meeting or acting in any matter merely by reason of any vacancy in its membership. (8) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Board may make standing orders to regulate its own procedure. [5/2018]


document_id: spa-1954
provision_ref: s10
section: 10
title: Power of Board to enter into contracts and to hold property
content:
10. —(1) The Board may enter into any contract that may be necessary or expedient for carrying into effect the provisions of this Act. (2) The Board may acquire and hold such movable or immovable property as may be necessary or expedient for carrying into effect the provisions of this Act, and for the same purposes may sell, lease, mortgage, or otherwise alienate or dispose of, any property so acquired.


document_id: spa-1954
provision_ref: s11
section: 11
title: Power of Board to borrow and invest
content:
11. —(1) The Board may borrow at interest, on the security of any corporate land or of any funds of the Board, moneys that it may think necessary or expedient for carrying into effect the provisions of this Act. (2) The Board may invest its funds in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [45/2004] (3) The Board may do anything incidental or appertaining to a body corporate.


document_id: spa-1954
provision_ref: s11A
section: 11A
title: Issue of shares, etc.
content:
11A. As a consequence of the vesting of any property, rights or liabilities of the Government in the Board under this Act, or of any capital injection or other investment by the Government in the Board in accordance with any written law, the Board must issue such shares or other securities to the Minister for Finance as that Minister may direct. [5/2002]


document_id: spa-1954
provision_ref: s12
section: 12
title: Use of common seal
content:
12. The common seal of the Board must be in the custody of the Principal and must not be affixed to any instrument, other than diplomas or academic certificates, except in the presence of the Chairperson or a member of the Board, and the Principal, nor until the Chairperson or the member of the Board, and the Principal, have signed their names to the instrument in token of their presence.


document_id: spa-1954
provision_ref: s13
section: 13
title: Establishment of Board of Studies
content:
13. There is established a body called the Board of Studies of the Polytechnic and it is the duty of the Board of Studies to advise the Board and the Principal in accordance with the provisions of this Act and any regulations made under this Act.


document_id: spa-1954
provision_ref: s14
section: 14
title: Appointment, powers and duties of Principal
content:
14. —(1) There must be a Principal of the Polytechnic who is to be appointed by the Board on the terms and conditions determined by the Board; and the Principal may for good cause be removed from office by the Board. (2) The appointment, removal, discipline and promotion of the Principal must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (3) The Principal is the chief administrative and academic officer of the Polytechnic and is responsible to the Board — ( a ) for the proper administration of the Polytechnic in accordance with the policy of the Board; ( b ) for the academic management of the Polytechnic in accordance with the policy of the Board; ( c ) for the proper enforcement of the by-laws; and ( d ) for the discipline of the students of the Polytechnic, and for such purposes the Principal has, subject to the provisions of this Act, all powers that are necessary or advantageous and proper. (4) The Principal is entitled to be present and speak at any meeting of any committee of the Board, but is not entitled to vote at the meeting unless the Principal is a member of the committee.


document_id: spa-1954
provision_ref: s14A
section: 14A
title: Other officers and employees, etc.
content:
14A. The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on the terms and conditions determined by the Board, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [5/2018]


document_id: spa-1954
provision_ref: s15
section: 15
title: Singapore Polytechnic Students’ Union
content:
15. —(1) There is to be a students’ association called the Singapore Polytechnic Students’ Union which is constituted by regulations made under section 23(1) and consists of the constituent bodies prescribed by those regulations. (2) The constitution, membership, functions and other matters relating to the Singapore Polytechnic Students’ Union and each of its constituent bodies are as prescribed by the regulations. (3) The Board may impose and collect from the students or any class of students such fees as it may determine for the benefit of the Singapore Polytechnic Students’ Union and its constituent bodies; and the fees may be applied in any manner that the Board thinks fit for the purposes of the Union and its constituent bodies.


document_id: spa-1954
provision_ref: s16
section: 16
title: Application of Societies Act 1966 to Students’ Union
content:
16. —(1) Despite anything to the contrary in the Societies Act 1966, the provisions of that Act apply to the Singapore Polytechnic Students’ Union and its constituent bodies constituted by regulations made under section 23(1). (2) The Minister charged with the responsibility for societies may, by order in the Gazette , exempt the Singapore Polytechnic Students’ Union and any of its constituent bodies from all or any of the provisions of the Societies Act 1966 subject to any conditions specified in the order.


document_id: spa-1954
provision_ref: s17
section: 17
title: Polytechnic’s financial year
content:
17. The financial year of the Polytechnic begins on 1 April of each year and ends on 31 March of the succeeding year. 18. [ Repealed by Act 5 of 2018 ] 19. [ Repealed by Act 5 of 2018 ] 20. [ Repealed by Act 5 of 2018 ] 21. [ Repealed by Act 5 of 2018 ] 22. [ Repealed by Act 5 of 2018 ]


document_id: spa-1954
provision_ref: s23
section: 23
title: Regulations
content:
23. —(1) The Board may, with the approval of the Minister, make regulations for any of the following matters: ( a ) the preparation, audit and submission to the Minister of estimates, budgets, statements and returns; ( b ) the membership and functions of the Board of Studies; ( c ) the conditions of transfer to the Polytechnic of pensionable officers in the public service; ( d ) the appointment, promotion, conduct, disciplinary control, dismissal and termination of service of the academic and administrative staff of the Polytechnic; ( e ) the conduct and disciplinary control of students; ( f ) any other matters which by this Act are required or may be prescribed. (2) All regulations made under this section must be published in the Gazette .


document_id: spcpa-1992
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Agency” means the National Environment Agency established under the National Environment Agency Act 2002; “authorised officer” means any person appointed by the Director‑General of Public Health under section 3(2) of the Environmental Public Health Act 1987; “common property” has the meaning given by section 2(1) of the Building (Strata Management) Act 2004 and includes limited common property (within the meaning given by that Act), if any; [Act 12 of 2020 wef 01/10/2025] “Director-General” means the Director‑General of Public Health appointed under section 3(1) of the Environmental Public Health Act 1987; “manager”, in relation to a specified place, means the occupier of the specified place, and where there is no occupier, the owner of the specified place; “occupier” means — ( a ) in relation to a specified place — the person in occupation of the specified place or having the charge, management or control of the specified place; and ( b ) in relation to any part of any specified place, different parts of which are occupied by different persons — the person in occupation, or having the charge, management or control, of that part, but does not include a lodger; “operator”, in relation to a specified vehicle, means any owner, ticket or tour conductor, driver, ticket inspector or person who is in charge or control of the specified vehicle; “owner”, in relation to any place, has the meaning given by section 2 of the Environmental Public Health Act 1987; “place” means any premises, structure or building, or any unenclosed area (including a road, pavement, wetland and any body of water), but not a vehicle, and includes part of a place; “public service vehicle” has the meaning given by the Road Traffic Act 1961; “publicly accessible place” means any place to which the public or a section of the public has access as of right, or by virtue of express or implied permission with or without payment of a fee; “residential premises or building” means any premises or building which is permitted to be used under the Planning Act 1998 or any other written law as a dwelling house or which is lawfully so used; “smoking” means inhaling and expelling the smoke of tobacco or any other substance and includes the holding of any cigar, cigarette, pipe or any other form of tobacco product which is alight or emitting smoke; “smoking facility” means an area or a room in a specified place that is designated under section 3C(3) by the manager of the specified place or the Director‑General as an area or a room within which smoking is permitted; “specified place” has the meaning given by section 3A(3) and includes every place prescribed as a specified place under section 3A(1); “specified vehicle” means a public service vehicle prescribed as a specified vehicle under section 3A(4), and includes any part of a specified vehicle; “statutory body” means a body corporate established by or under a public Act for a public purpose. [39/2018]


document_id: spcpa-1992
provision_ref: s3
section: 3
title: No smoking in specified places and specified vehicles
content:
3. —(1) Subject to section 3B, a person must not smoke in a specified place or specified vehicle. [39/2018] (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. [39/2018]


document_id: spcpa-1992
provision_ref: s3A
section: 3A
title: Specified places, specified vehicles and no‑smoking zones
content:
3A. —(1) The Agency may, with the approval of the Minister, prescribe any of the following as a specified place: ( a ) any publicly accessible place; ( b ) any of the following that is not a publicly accessible place: (i) any place owned, managed or occupied by the Government or a statutory body; (ii) any common property of any residential premises or building; (iii) any place used, or intended to be used, for a commercial or an industrial purpose, or for mixed purposes the predominant purpose of which is either a commercial or an industrial purpose, or any common property of such a place; (iv) any recreational facility; ( c ) any ship, boat, air‑cushioned vehicle or other similar craft used in navigation by water, however propelled or moved, for the carriage of passengers. [39/2018] (2) The Agency may, with the approval of the Minister, prescribe an area in Singapore as a no‑smoking zone. [39/2018] (3) Every publicly accessible place — ( a ) within an area prescribed under subsection (2) as a no‑smoking zone; and ( b ) not prescribed as a specified place under subsection (1), is a specified place from the date the area is prescribed as a no‑smoking zone. [39/2018] (4) The Agency may, with the approval of the Minister, prescribe any particular public service vehicle or any class of public service vehicles as a specified vehicle or specified vehicles. [39/2018]


document_id: spcpa-1992
provision_ref: s3B
section: 3B
title: Exceptions to smoking prohibition
content:
3B. —(1) A person is permitted to smoke in a specified place only — ( a ) when within a smoking facility in the specified place; or ( b ) in such other circumstances, or under such conditions, as may be prescribed. [39/2018] (2) A person is permitted to smoke in a specified vehicle only in such circumstances, or under such conditions, as may be prescribed. [39/2018]


document_id: spcpa-1992
provision_ref: s3C
section: 3C
title: Requirements for smoking facilities
content:
3C. —(1) The Agency may, with the approval of the Minister, prescribe the specified places in which a smoking facility may be located and the requirements for a smoking facility in those specified places. [39/2018] (2) For the purposes of subsection (1), different requirements may be prescribed — ( a ) in relation to different specified places; ( b ) in relation to different classes of specified places; or ( c ) in relation to specified places within and outside a no‑smoking zone. [39/2018] (3) Where a specified place is prescribed as a specified place in which a smoking facility may be located, the manager of the specified place, or the Director‑General (in accordance with subsection (4)), may designate an area or a room in the specified place as a smoking facility. [39/2018] (4) Before designating a smoking facility in a specified place, the Director‑General must — ( a ) give written notice to the manager of the specified place of the Director‑General’s intention to designate a smoking facility in the specified place and when the designation is to take effect; and ( b ) give the manager of the specified place an opportunity to submit reasons, within the period specified in the notice, why the Director‑General should not designate a smoking facility in the specified place. [39/2018] (5) The manager of a specified place must ensure that every smoking facility within the specified place complies with the requirements prescribed for a smoking facility in such a specified place. [39/2018] (6) A manager of a specified place who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction; and ( b ) in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. [39/2018] (7) In proceedings for an offence under subsection (6), it is a defence for the manager of the specified place to prove that — ( a ) it was not reasonably practicable to do more than what was in fact done to comply with subsection (5); or ( b ) there was no better practicable means than what was in fact used to comply with subsection (5). [39/2018]


document_id: spcpa-1992
provision_ref: s3D
section: 3D
title: Appeal to Minister
content:
3D. —(1) The manager of a specified place who is aggrieved by any designation by the Director‑General under section 3C(3) may appeal to the Minister against the designation. [39/2018] (2) Every appeal under this section must — ( a ) be in writing; ( b ) specify the grounds on which it is made; and ( c ) be made within a prescribed period after the date of receipt of the written notice mentioned in section 3C(4). [39/2018] (3) The Minister may reject the appeal of an appellant who fails to comply with subsection (2). [39/2018] (4) After considering an appeal under this section, the Minister may — ( a ) reject the appeal and confirm the Director‑General’s designation; or ( b ) allow the appeal. [39/2018] (5) The Minister’s decision on appeal is final. [39/2018] (6) Every appellant must be notified of the Minister’s decision under subsection (4). [39/2018] (7) A designation by the Director‑General that is appealed against does not take effect until the appeal is determined or earlier withdrawn. [39/2018] (8) The Minister may designate any of the following persons to hear and determine, in the Minister’s place, any appeal under subsection (1): ( a ) the Second Minister (if any) for his or her Ministry; ( b ) any Minister of State, or Senior Minister of State, for his or her Ministry; ( c ) any Parliamentary Secretary, or Senior Parliamentary Secretary, for his or her Ministry; ( d ) any public officer in his or her Ministry not subordinate to the Director‑General whose designation is appealed against. [39/2018] (9) Any reference to the Minister in subsections (1) to (7) includes a reference to a person designated under subsection (8). [39/2018]


document_id: spcpa-1992
provision_ref: s4
section: 4
title: Powers of police and authorised officers
content:
4. —(1) Any person reasonably suspected of having committed an offence under this Act may be arrested without warrant by any police officer or authorised officer and produced before a District Court or a Magistrate’s Court. (2) Despite any other written law, any police officer or authorised officer who, having effected an arrest in accordance with subsection (1), is satisfied as to the identity, name and place of residence of the person arrested may, instead of producing that person before a District Court or a Magistrate’s Court or to a police station, serve upon that person a notice, in such form as may be determined under section 9, requiring the person to attend at the Court, at such time and on such date as may be specified in the notice. (3) For the purpose of satisfying himself or herself as to the identity of the person arrested, the police officer or authorised officer may require that person to provide any evidence of identity that the officer considers necessary. (4) A duplicate of the notice served under subsection (2) must be prepared by the police officer or authorised officer and produced by him or her to the District Court or the Magistrate’s Court if so required by the Court. (5) Where an accused person appears before a District Court or a Magistrate’s Court in accordance with a notice served under subsection (2), the Court is to take cognizance of the offence alleged and is to proceed as though the person were produced before it under subsection (1). (6) If a person upon whom a notice has been served under subsection (2) fails to appear before a District Court or a Magistrate’s Court in accordance with the notice, the Court may issue a warrant for the arrest of that person. (7) Where a person arrested under a warrant issued under subsection (6) is produced before a District Court or a Magistrate’s Court, the Court is to proceed as though the person were produced before it under subsection (1). [Act 31 of 2022 wef 01/11/2022]


document_id: spcpa-1992
provision_ref: s4A
section: 4A
title: Powers of entry, etc.
content:
4A. —(1) The Director‑General or an authorised officer may, for the purpose of ascertaining whether there is or has been any contravention of this Act, do all or any of the following in relation to a specified place or specified vehicle without a warrant: ( a ) subject to subsection (2), enter, inspect and search the specified place or specified vehicle; ( b ) inspect and make copies of, or take extracts from, any document or material kept at the specified place or in the specified vehicle; ( c ) take possession of anything found at the specified place or in the specified vehicle that is reasonably believed to be connected to any contravention of this Act; ( d ) require any person whom the Director‑General or authorised officer reasonably believes is in possession of any document or information relevant to any contravention of this Act to take reasonable steps to produce the document or provide the information; ( e ) require any person whom the Director‑General or authorised officer reasonably believes is acquainted with any facts or circumstances relevant to any contravention of this Act — (i) to answer any question to the best of the person’s knowledge, information and belief, immediately or at a place and time specified in writing; or (ii) to take reasonable steps to provide information or produce a document, immediately or at a place and time specified in writing; ( f ) photograph or film, or make audio recordings or make sketches, of any part of the specified place or specified vehicle or anything at the specified place or in the specified vehicle or of any person whom the Director‑General or authorised officer reasonably believes is acquainted with any facts or circumstances relevant to any contravention of this Act. [39/2018] (2) The Director‑General or an authorised officer may exercise the power of entry under subsection (1)( a ) — ( a ) in relation to a specified place that is common property of any residential premises or building which is not a publicly accessible place — only if the condition mentioned in subsection (3) is satisfied; and ( b ) in relation to any other specified place or any specified vehicle — (i) at all reasonable times; or (ii) at any time if the condition mentioned in subsection (3) is satisfied. [39/2018] (3) For the purposes of subsection (2), the condition is that the Director‑General or authorised officer reasonably believes that — ( a ) an offence under this Act has been or is being committed in that specified place or specified vehicle; or ( b ) evidence of the commission of an offence under this Act can be found in that specified place or specified vehicle. [39/2018] (4) A statement made by a person examined under subsection (1)( e ) must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted in a language that the person understands; and ( d ) after correction (if necessary), be signed by the person. [39/2018]


document_id: spcpa-1992
provision_ref: s4B
section: 4B
title: Offence of obstructing, etc., Director‑General or authorised officer in exercise of powers, etc.
content:
4B. —(1) A person who, without reasonable excuse — ( a ) obstructs, hinders or delays the Director‑General or an authorised officer in the exercise of any power under section 4 or 4A; ( b ) neglects or refuses to produce any document, material or thing or to provide any information as required under section 4A; ( c ) produces any document, material or thing, or provides any information, as required under section 4A, that is false or misleading in any material particular; or ( d ) neglects or refuses to attend before the Director‑General or authorised officer as required under section 4A, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and, in the case of a second or subsequent offence, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both. [39/2018] (2) To avoid doubt, for the purposes of subsection (1)( a ) or ( b ), it is a reasonable excuse for a person to refuse or fail to provide any information, produce any document or answer any question if doing so might tend to incriminate that person. [39/2018]


document_id: spcpa-1992
provision_ref: s5
section: 5
title: Notices
content:
5. —(1) The manager of every specified place and the operator of every specified vehicle must — ( a ) cause to be displayed a suitable and sufficient number of notices of adequate size or sizes in conspicuous positions in the specified place or specified vehicle (as the case may be), stating to the effect that smoking is prohibited by law; and ( b ) if so directed by the Director‑General, display such notices in such places, phrase them in such manner, or cause them to be of such size, as the Director‑General may consider fit. (2) In addition to the notices, the manager or operator may, subject to any direction that the Director‑General may give under subsection (1)( b ), adopt any means, method or device that the manager or operator thinks fit for bringing the smoking prohibition to the attention of members of the public in any specified place or passengers in any specified vehicle. (3) A manager of any specified place or an operator of any specified vehicle who contravenes any of the provisions of subsection (1) or fails to comply with any direction given by the Director‑General under that subsection shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.


document_id: spcpa-1992
provision_ref: s6
section: 6
title: Duties of managers or operators of specified places or specified vehicles
content:
6. —(1) The manager of any specified place or the operator of any specified vehicle must — ( a ) inform any person who smokes in the specified place or specified vehicle in contravention of section 3(1) to cease smoking immediately, indicating the penalty provided under section 3(2); and ( b ) if the person refuses, neglects or fails to cease smoking, request the person to leave the specified place or specified vehicle immediately. [39/2018] (2) If the person refuses to leave the specified place or specified vehicle or to cease smoking, the manager or operator mentioned in subsection (1) must — ( a ) seek the assistance of any police officer or authorised officer; and ( b ) render any assistance that is reasonable to the officer to deal with that person in the manner provided in section 4. (3) Where any person contravenes section 3(1), any other person may lodge a complaint to the manager of the specified place and it is the duty of the manager of the specified place — ( a ) to take all reasonable steps to investigate into the complaint; and ( b ) if the complaint is found to be true, to take action in accordance with subsection (1) or (2) against the person smoking in the specified place. [39/2018] (4) If the manager of any specified place or the operator of any specified vehicle (as the case may be) fails or neglects to comply with — ( a ) subsection (1) or (2) in relation to any person whom the manager or operator knows or ought reasonably to know is smoking in the specified place or specified vehicle in contravention of section 3(1); or ( b ) subsection (3) in relation to any complaint received by the manager that a person is smoking in the specified place in contravention of section 3(1), that manager or operator shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000. [39/2018] (5) For the purposes of subsection (4), a manager of a specified place is presumed, until the contrary is proved, to have the knowledge referred to in that subsection where a person who is under the manager’s charge or supervision and who is employed at the specified place knows that a person is smoking in the specified place in contravention of section 3(1). [39/2018] (6) Any person who hinders, obstructs, threatens, abuses, molests or assaults any manager or operator in the performance of the manager’s or operator’s duties under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both. (7) No manager of a specified place or operator of a specified vehicle shall be liable to repay or refund any fee or other consideration paid by a person for the purpose of gaining admission into a specified place or of transportation where that person has been informed to leave the specified place or specified vehicle in accordance with subsection (1). (8) Nothing in this section affects the liability of any person for an offence under section 3(2).


document_id: spcpa-1992
provision_ref: s7
section: 7
title: Composition of offences
content:
7. —(1) The Director‑General may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $500. (2) On payment of the sum, no further proceedings are to be taken against the person in respect of the offence. (3) The Agency may, with the approval of the Minister, make regulations prescribing the offences which may be compounded and the method and procedure by which those offences may be compounded under this section.


document_id: spcpa-1992
provision_ref: s8
section: 8
title: Fees, etc., payable to Agency, etc.
content:
8. —(1) All fees, charges and moneys collected under this Act, other than composition sums, must be paid to the Agency. [39/2018] (2) All composition sums collected under this Act must be paid into the Consolidated Fund. [39/2018]


document_id: spcpa-1992
provision_ref: s9
section: 9
title: Forms
content:
9. The Director‑General may design and utilise such forms as the Director‑General thinks fit for any of the purposes of this Act, and may require any person to complete any of the forms for any of those purposes.


document_id: spcpa-1992
provision_ref: s10
section: 10
title: Exemption
content:
10. The Agency may, with the approval of the Minister and by order in the Gazette , exempt any person or place from all or any of the provisions of this Act either generally or in a particular case and subject to any conditions that the Agency may impose in the order. [39/2018]


document_id: spcpa-1992
provision_ref: s11
section: 11
title: Regulations
content:
11. —(1) The Agency may, with the approval of the Minister, make any regulations that seem to the Agency necessary or expedient for the purpose of carrying out the provisions of this Act and for prescribing anything that is to be prescribed. [39/2018] (2) All regulations must be presented to Parliament as soon as possible after publication in the Gazette.


document_id: spcpa-1992
provision_ref: s12
section: 12
title: Transitional provision
content:
12. Any licence, permit, document, application, approval, permission, order, direction, ruling or notice issued, made, given or approved by the Commissioner of Public Health under any provision of this Act immediately before 1 July 2002 is deemed to have been issued, made, given or approved under the same provision by the Director‑General.


document_id: srcsa-1973
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Association” means the voluntary association known, immediately before 6 April 1973, as the Singapore Red Cross Society; “Society” means the Singapore Red Cross Society incorporated under this Act.


document_id: srcsa-1973
provision_ref: s3
section: 3
title: Incorporation of Society
content:
3. —(1) The voluntary association known, immediately before 6 April 1973, as the Singapore Red Cross Society is constituted as a body corporate with perpetual succession and a common seal and is known as the Singapore Red Cross Society. (2) The Society may sue and be sued in its corporate name and do such acts or things incidental or appertaining to a body corporate. (3) The Society consists of all persons who immediately before 6 April 1973 were members of the Association and all such persons as may, after that date, become members of the Society pursuant to the rules for the time being in force of the Society.


document_id: srcsa-1973
provision_ref: s4
section: 4
title: Geneva Conventions
content:
4. The Society is recognised by the Government as a voluntary aid society auxiliary to the public authorities exercising their obligations by virtue of the Geneva Conventions for the amelioration of the condition of the wounded and sick in armed forces in the field, for the amelioration of the condition of wounded, sick and shipwrecked members of the armed forces at sea, relative to the treatment of prisoners of war, and to the protection of civilian persons in time of war.


document_id: srcsa-1973
provision_ref: s5
section: 5
title: Objects of Society
content:
5. The objects of the Society are — ( a ) the provision of assistance in relief operations in times of disaster and in auxiliary health and welfare services to the sick, the handicapped, the aged and the poor, without any distinction on grounds of race, nationality, religion or political opinions; and ( b ) the furnishing of voluntary aid to the sick and wounded in time of war and to non-belligerents, prisoners of war and civilian sufferers from the effects of war.


document_id: srcsa-1973
provision_ref: s7
section: 7
title: Council
content:
7. —(1) The affairs of the Society must be administered by a Council to be constituted in accordance with any rules made under section 9. (2) The Chairperson of the Council must be appointed by the President for a term of 3 years, and is eligible for re‑appointment.


document_id: srcsa-1973
provision_ref: s8
section: 8
title: Revocation and resignation of appointment
content:
8. —(1) The President may at any time revoke the appointment of the Chairperson if the President considers it desirable in the interests of the Society to revoke the appointment. (2) The Chairperson may by writing addressed to the President resign such appointment. (3) If the Chairperson dies or has his or her appointment revoked or otherwise vacates his or her office before the expiry of the term for which he or she has been appointed, another person may be appointed by the President for the unexpired period of the term of office of the Chairperson in whose place the other person is appointed.


document_id: srcsa-1973
provision_ref: s9
section: 9
title: Powers of Council
content:
9. —(1) The Council may — ( a ) appoint committees and allocate duties to and regulate the exercise of executive power by those committees and members of the Council; ( b ) appoint such officers and employees as it thinks fit and regulate the conduct and dismissal of those officers and employees; ( c ) recruit and train other persons to carry out such functions as may be necessary to achieve the objects of the Society, and assign those functions to such persons; ( d ) organise classes, lectures, courses and symposia on subjects falling within the objects of the Society; ( e ) disseminate information about the Society by selling or distributing books, pamphlets and papers; and ( f ) generally do all such other acts as may be necessary to achieve the objects of the Society. (2) The Council may, with the approval of the Director‑General of Health, make rules for or in respect of all or any of the following matters: ( a ) the proceedings of the Society and the Council, and the management of the affairs of the Society; ( b ) the different classes of members of the Society and the terms of admission of those members; ( c ) the appointment, election and removal of an executive committee and other officers; ( d ) the appointment and election of sub-committees and other bodies for special purposes and the delegation to them and the executive committee of any of the functions and powers of the Council; ( e ) the mode of holding meetings of the executive committee and the sub‑committees, and other bodies, mentioned in paragraph ( d ), and the right of voting at those meetings; ( f ) the keeping of the accounts of the Society and the audit of the accounts at least once a year; ( g ) the convening of the annual general meeting of the Society for the purposes of receiving a report and statement of accounts for the preceding year, electing those members of the Council who are to be elected pursuant to the rules, and deciding upon any proposal or matter, and transacting any other business which must be duly submitted to the meeting. [Act 11 of 2023 wef 01/05/2023]


document_id: srcsa-1973
provision_ref: s10
section: 10
title: Use of the “Red Cross”
content:
10. —(1) No person other than the Society and any person so authorised by the Minister may use — ( a ) the heraldic emblem of the red cross on a white ground formed by reversing the Federal Colours of Switzerland; or ( b ) the words “Red Cross” or “Geneva Cross”. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. [55/2007]


document_id: srcsa-1973
provision_ref: s11
section: 11
title: Transfer of property, liabilities, etc.
content:
11. On 6 April 1973 — ( a ) all the assets and movable and immovable property of every description and all the powers, rights and privileges in connection therewith or appertaining thereto which immediately before 6 April 1973 were vested in the Association vest in the Society without further assurance; ( b ) all liabilities and obligations of the Association which may have existed immediately prior to 6 April 1973 are transferred to and vest in the Society; and ( c ) every person in the service of the Association is deemed to be transferred to the service of the Society subject to any provision that may subsequently be made by the Council.


document_id: srcsa-1973
provision_ref: s12
section: 12
title: Application of income and property
content:
12. The income and property of the Society from wherever derived must be applied solely towards the promotion of the objects of the Society as set out in this Act and no part thereof may be paid or transferred directly or indirectly by way of dividend, bonus or otherwise by way of profit to the members of the Society: Provided that nothing in this section precludes the payment in good faith of remuneration to any officer or employee of the Society or to any member of the Society in return for services rendered to the Society.


document_id: srto-1918
provision_ref: s2
section: 2
title: Vesting of the Singapore Railway in the Chief Secretary, Federation of Malaya
content:
2. The railway known as the Singapore Railway whereof the terminal stations are situated at Pasir Panjang and at Woodlands, respectively, together with — ( a ) all lands delineated and coloured pink on a plan deposited in the Colonial Secretary’s office dated 18 March 1913, and signed by R. H. Young, Chief Surveyor, and described thereon as “Singapore Railway Lands”; ( b ) all lines of rail, bridges, sidings, fencing, retaining walls, stations, offices, residences, quarters, coolie-lines, warehouses, stores, engine sheds, carriage sheds, workshops, plant, machinery, telegraph and telephone lines, wharves, landing-stages, and other buildings and works constructed or used for the purposes of or in connection with the said Singapore Railway; ( c ) all ships, wagon-ferry-boats and other boats and craft, engines, passenger coaches, wagons and other rolling stock which were on the 31 December 1912, the property of the Colony and used or maintained for the purposes of or in connection with the said Singapore Railway; and ( d ) the cable across the Johore Straits which was laid for railway purposes exclusively, are hereby vested, free from encumbrances, in the Chief Secretary, Federation of Malaya, absolutely.


document_id: srto-1918
provision_ref: s3
section: 3
title: Provision of additional lands for railway purposes
content:
3. —(1) If and so often as the Government of the Federation of Malaya require additional Crown land in the Colony of Singapore for the improvement or widening of the said Singapore Railway or for the due maintenance thereof or as sites for new sidings, stations, offices, quarters, coolie-lines, warehouses or other works or for the improvement or extension of existing sidings, stations, offices, quarters, coolie-lines, warehouses or works or otherwise in connection with the maintenance or improvement of the said Singapore Railway and such requirement is approved either in whole or in part by the Yang di-Pertuan Negara, such land shall be surveyed and demarcated to the satisfaction of the Collector of Land Revenue, Singapore. (2) The Registrar of Deeds shall, on receipt of an order in that behalf under the hand of the Minister, make an entry in the books of the registry that such land has vested in the Chief Secretary, Federation of Malaya. (3) Upon the making of any such entry as in this section is mentioned the land to which such entry relates shall vest free from encumbrances in the Chief Secretary, Federation of Malaya, absolutely. (4) No payment, other than for the cost of survey and demarcation, shall be required to be made by or on behalf of the Government of the Federation of Malaya to the Government of the Colony in respect of any such land as is in this section referred to.


document_id: srto-1918
provision_ref: s4
section: 4
title: Resumption of lands vested under sections 2 and 3 not used for railway purposes
content:
4. —(1) If any land — ( a ) which has become vested in the Chief Secretary, Federation of Malaya, pursuant to section 2; or ( b ) which has become vested in the Chief Secretary, Federation of Malaya, pursuant to section 3, is not used and will not be required to be used or ceases to be used by the Government of the Federation of Malaya for the purposes of the said Singapore Railway, such land may, if the Yang di‑Pertuan Negara so directs, be resumed on 6 months’ notice under the hand of the Minister being given to the Chief Secretary, Federation of Malaya, of the desire of the Yang di‑Pertuan Negara to resume such land. (2) On the expiration of the term of such notice the Yang di‑Pertuan Negara may authorise the Collector of Land Revenue to enter and take possession of such land on behalf of the Crown. (3) When any land mentioned in subsection (1)( a ) is resumed — ( a ) such sum shall be paid from the Consolidated Fund to the Government of the Federation of Malaya as was paid by the Government of the Federated Malay States to the Government of the Colony of the Straits Settlements for the purchase of the land so resumed together with such sum as represents the value, at the date of resumption, of all buildings erected by or on behalf of the Government of the Federated Malay States or the Federation of Malaya upon such land; ( b ) nothing shall be paid to the Government of the Federation of Malaya for such land, if the Government of the Federated Malay States, in pursuance of the agreement for the transfer of the railway, paid nothing to the Government of the Colony of the Straits Settlements for such land: Provided, however, that there shall be paid to the Government of the Federation of Malaya such sum as represents the value, at the date of resumption, of all buildings erected by or on behalf of such Government or the Government of the Federated Malay States upon such land. (4) When any land mentioned in subsection (1)( b ) is resumed, nothing shall be paid to the Government of the Federation of Malaya for such land: Provided, however, that there shall be paid to such Government such sum as represents the value, at the date of resumption, of all buildings erected by or on behalf of such Government or the Government of the Federated Malay States upon such land. (5) If the Government of the Colony and the Government of the Federation of Malaya do not agree as to the value of any such buildings as aforesaid, the valuation thereof shall be referred to the decision of a person, to be selected by the Yang di-Pertuan Negara, who shall be a Member or Associate Member of the Institution of Civil Engineers, or a Fellow or Associate of the Royal Institution of British Architects. (6) The decision of such person on a matter referred to him under this section shall be final and binding on both parties.


document_id: srto-1918
provision_ref: s5
section: 5
title: Resumption of other lands not used for railway purposes
content:
5. —(1) If any land, not being land vested in the Chief Secretary, Federation of Malaya, pursuant to section 2 or 3, which has been acquired by the Government of the Federation of Malaya for the purposes of the said Singapore Railway, is not used and will not be required to be used or ceases to be used for the purposes of the said railway, such land together with any buildings thereon may be purchased by the Yang di‑Pertuan Negara on 6 months’ notice under the hand of the Minister being given to the Chief Secretary, Federation of Malaya, of the desire of the Yang di‑Pertuan Negara to purchase such land and buildings. (2) On the expiration of the term of such notice the Minister may authorise the Collector of Land Revenue to enter and take possession of such land and buildings on behalf of the Crown. (3) If the Government of the Colony and the Government of the Federation of Malaya do not agree as to the price of such land together with the buildings thereon, the price thereof shall be ascertained by a person to be selected by the Yang di‑Pertuan Negara, who shall be a Member or Associate Member of the Institution of Civil Engineers, or a Fellow or Associate of the Royal Institution of British Architects. (4) The decision of such person on a matter referred to him under this section shall be final and binding on both parties.


document_id: srto-1918
provision_ref: s6
section: 6
title: Construction of causeway or embankment over Johore Straits
content:
6. The Government of the Federated Malay States may, with the approval of the Legislative Council — ( a ) construct or authorise to be constructed over or in and across the Straits, which divide the territory of the Colony from the territory of the State of Johore, a causeway or embankment, in accordance with a plan to be approved by the Legislative Council, suitable for the passage of railway traffic; ( b ) construct or authorise to be constructed on such causeway or embankment, as the case may be, a railway by way of extension of the said Singapore Railway and such roadways and footways as to the Government of the Colony seem expedient; and ( c ) carry on or authorise to be carried on railway and other traffic upon and over the said causeway or embankment.


document_id: srto-1918
provision_ref: s7
section: 7
title: Authority for necessary operations
content:
7. For the purposes of preliminary examination of the bed of the said Straits with a view to determining the nature of the work to be constructed in pursuance of section 6 and the site and the mode of construction thereof and for the purpose of any operations incidental to the construction thereof or to the due protection, maintenance and use thereof during construction or after completion, the Government of the Federated Malay States or any person authorised by it in that behalf may take borings and construct piers and abutments and carry on and construct all other necessary operations and works, notwithstanding that obstruction is thereby caused to the passage of ships, boats or other craft through or upon the said Straits.


document_id: srto-1918
provision_ref: s8
section: 8
title: No action to be brought for obstruction of the Straits
content:
8. Except as in section 9 provided, no person shall claim, and no action or proceeding shall be brought against the Government of the Federation of Malaya to recover, any compensation in respect of any lands or of any interest therein which have been injuriously affected by anything done in pursuance of this Ordinance or in respect of any obstruction to the flow of water or to the passage of ships or boats or other craft through or upon the said Straits or any alteration in the tides in the said Straits where such obstruction or alteration is due to anything done in pursuance of this Ordinance.


document_id: srto-1918
provision_ref: s9
section: 9
title: Compensation for damage
content:
9. There shall be a right of compensation in respect of any lands or of any interest therein which has been injuriously affected by anything done in pursuance of this Ordinance, if the damage, in respect of which the compensation is claimed, is — ( a ) damage caused by reason of what has been authorised by this Ordinance; ( b ) damage arising from the execution of the works authorised by this Ordinance and not by their subsequent use; and ( c ) damage arising from that which would, if done without the authority of this Ordinance, have given rise to a cause of action; and where the compensation is claimed in respect of any interference with a public or private right, is — ( d ) damage arising from a physical interference with a right, public or private, which the owner or occupier of property may by law make use of in connection with such property, and which gives an additional market value to such property apart from the uses to which any particular owner or occupier might put it.


document_id: srto-1918
provision_ref: s10
section: 10
title: Private Act for certain purposes
content:
10. For the purposes of the Registration of Deeds Act 1988 this Ordinance shall be deemed to be a private Act.


document_id: ssaa-2016
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “adult education” means that part of post‑secondary education and training which is directed towards the development or upgrading of skills and knowledge in relation to work in commerce or industry; “Agency” means the SkillsFuture Singapore Agency established by section 3; “authorised person” means an authorised person appointed by the Agency under section 56B(1); [Act 3 of 2023 wef 15/06/2023] “Chairperson”, in relation to the Agency, means the member of the Agency who is appointed under section 12 as the Chairperson of the Agency, and includes any individual appointed under section 14 to act in that capacity; “Chief Executive” means the Chief Executive of the Agency, and includes any individual acting in that capacity; “commerce or industry” includes any trade, manufacturing or service industry, business or other related activity; “committee” means a committee of the Agency appointed under section 34; “committee member” means an individual appointed to be a member of a committee; “company” — ( a ) has the meaning given by section 4(1) of the Companies Act 1967; and ( b ) includes a foreign company within the meaning of that Act; “delegate” means a person to whom the Agency under section 36(1) delegates the performance or exercise of any of its functions or powers; “Deputy Chairperson”, in relation to the Agency, means the member of the Agency who is appointed under section 12 as the Deputy Chairperson of the Agency; “document” means any thing (in whatever form) in which information or material of any description is recorded or stored, and includes any tape, disk or other storage device or medium; [Act 3 of 2023 wef 15/06/2023] “functions”, in relation to the Agency, means functions conferred on the Agency by this Act or any other Act; “further education” means a post‑secondary education program that leads to the development of knowledge and skills that are not specific to any particular occupation; “grant” includes a grant by way of reimbursement under a reimbursement arrangement; “inspector” means an inspector appointed by the Agency under section 56B(2); [Act 3 of 2023 wef 15/06/2023] “member”, in relation to the Agency, means a member of the Agency who is appointed under section 10, and includes any person appointed under section 14 to act in that capacity; “post‑secondary education” means education of persons — ( a ) who are 16 years of age or older; and ( b ) who are not undergoing a course of education at any of the following: (i) a Government school; (ii) a school registered under the Education Act 1957 and which receives a grant‑in‑aid or subvention extended by the Government to aided schools within the meaning of that Act; (iii) an education institution providing education in accordance with religious beliefs and principles; “private education” has the meaning given by the Private Education Act 2009; “reimbursement arrangement” means a written arrangement made in respect of any adult education or further education provided to a person eligible to financial incentives, support, grant, aid or assistance from the Agency to the effect that where — ( a ) the person so eligible receives or undergoes adult education or further education for a charge; and ( b ) the provider of the adult education or further education incurs costs and expenses in providing the education to that eligible person, the provider of the adult education or further education is entitled, under the arrangement, to reimbursement from the Agency of the whole or part of its charges in respect of the education so provided, but in no case exceeding that person’s eligibility to financial incentive, support, grant, aid or assistance (as the case may be) for that education; “Singapore Workforce Development Agency” or “SWDA” means the Singapore Workforce Development Agency established by the Singapore Workforce Development Agency Act (Cap. 305D, 2004 Revised Edition); “statutory authority” means a body corporate established or constituted by or under a public Act to perform or discharge a public function, but excludes a Town Council constituted under the Town Councils Act 1988; [Act 3 of 2023 wef 15/06/2023] “subdelegate” means a person to whom a delegate under section 36(2) further delegates the performance or exercise of any of the Agency’s functions or powers; “transfer date” means 3 October 2016; “Workforce Singapore Agency” means the SWDA renamed as the Workforce Singapore Agency by the Singapore Workforce Development Agency (Amendment) Act 2016. [20/2016; 5/2018; S 461/2020]


document_id: ssaa-2016
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, FUNCTIONS AND POWERS OF AGENCY
section: 4
title: Agency is body corporate
content:
4. —(1) The Agency — ( a ) is a body corporate with perpetual succession; ( b ) must have a seal; ( c ) may acquire, hold and dispose of real and personal property; and ( d ) may sue and be sued in its corporate name. (2) The Agency may use, and operate under, one or more trading names approved by the Minister. (3) A trading name can be an abbreviation or adaptation of the Agency’s corporate name, or a name other than the Agency’s corporate name. (4) The Agency must cause notice of every trading name approved under subsection (2) to be published in the Gazette ; but failure to do so does not invalidate the approval or use of that name.


document_id: ssaa-2016
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, FUNCTIONS AND POWERS OF AGENCY
section: 5
title: Functions of Agency
content:
5. —(1) The Agency has the following functions: ( a ) to plan and develop policies, programs and services that provide, or support the provision of, adult education and further education; ( b ) to promote, facilitate and assist in the identification, development and upgrading of skills and competencies for the current, emerging and future needs of the Singapore workforce; ( c ) to develop, in consultation with employers and relevant representatives of commerce or industry, models for the provision of adult education or further education for the purposes of developing skills; ( d ) to promote a national approach to the provision of adult education and further education through collaboration and cooperation between universities, public sector post‑secondary education institutions and other providers of adult education or further education; ( e ) to provide funding for the provision or promotion of, or taking part in, or to encourage participation in, adult education and further education (wherever held) that is responsive to the needs of commerce or industry or employers; [Act 3 of 2023 wef 15/06/2023] ( ea ) to defray or subsidise any costs or expenses incurred or to be incurred in connection with any absence from work of any person to take part in any adult education or further education mentioned in paragraph ( e ); [Act 3 of 2023 wef 15/06/2023] ( f ) to promote public awareness in Singapore of the importance of adult education and further education and encourage enthusiasm for lifelong learning; ( g ) to collect, compile and analyse data about the provision of adult education or further education; ( h ) to accredit, or facilitate accreditation by others in Singapore of, providers of or courses in adult education or further education (even if the course is developed outside Singapore); ( i ) to facilitate the improvement of quality of courses in adult education or further education provided in Singapore, including the standard of teachers and trainers in Singapore of these courses; ( j ) to promote or undertake research in Singapore into matters relating to adult education and further education; ( k ) to facilitate public availability of meaningful and accurate information relating to the quality of courses in adult education or further education provided in Singapore (even if the course is developed outside Singapore); ( l ) to provide career guidance services and facilities to assist students prepare to enter the labour market and to other people; ( m ) to administer — (i) the Private Education Act 2009 in accordance with that Act; and (ii) the Skills Development Fund in accordance with the Skills Development Levy Act 1979; ( n ) to cooperate and collaborate with the Workforce Singapore Agency in the discharge of its functions under the Workforce Singapore Agency Act 2003; ( o ) to perform any other functions that may be conferred on the Agency by any other Act. [20/2016] (2) In performing the functions conferred on it by subsection (1), the Agency is to have regard to — ( a ) increasing Singapore workforce productivity and improving the international competitiveness of commerce or industry in Singapore; ( b ) current, emerging and future workforce skills needs across commerce or industry sectors in Singapore; ( c ) widening participation in learning opportunities for adults, particularly those that enhance employability of citizens and residents of Singapore; and ( d ) ensuring a system of training and workforce development in Singapore that — (i) responds to the needs of commerce or industry and employers, and in which commerce or industry and employers influence the policies, priorities and delivery of adult education and further education; (ii) offers high quality and accessible adult education and further education; and (iii) results in those persons undergoing that education obtaining skills. (3) In addition to the functions conferred by this section, the Agency may undertake any other functions that the Minister may assign to the Agency, by notification in the Gazette , and in so undertaking — ( a ) the Agency is deemed to be fulfilling the purposes of this Act; and ( b ) the provisions of this Act apply to the Agency in respect of those other functions and duties. (4) Nothing in this section imposes on the Agency, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Agency would not otherwise be subject. (5) In this section — “public sector post‑secondary education institution” means — ( a ) the Institute of Technical Education, Singapore established by section 3 of the Institute of Technical Education Act 1992; ( b ) the Nanyang Polytechnic established under the Nanyang Polytechnic Act 1992; ( c ) the Ngee Ann Polytechnic established under the Ngee Ann Polytechnic Act 1967; ( d ) the Republic Polytechnic established under the Republic Polytechnic Act 2002; ( e ) the Singapore Polytechnic established under the Singapore Polytechnic Act 1954; ( f ) the Temasek Polytechnic established under the Temasek Polytechnic Act 1990; or ( g ) any company that is owned (wholly or partly) by the Institute of Technical Education, Singapore or any polytechnic mentioned in paragraphs ( b ) to ( f ); “university” means — ( a ) the Nanyang Technological University; ( b ) the National University of Singapore; ( c ) the Singapore Management University; ( d ) the Singapore University of Technology and Design; ( e ) the Singapore Institute of Technology; ( f ) the Singapore University of Social Sciences; ( g ) any other person whose function of providing university education is determined by a public Act; or ( h ) any entity that is owned (wholly or partly) or controlled by any university or person mentioned in paragraphs ( a ) to ( g ). [30/2017]


document_id: ssaa-2016
provision_ref: s6
chapter: PART 2 - ESTABLISHMENT, FUNCTIONS AND POWERS OF AGENCY
section: 6
title: Powers of Agency
content:
6. —(1) Subject to this Act, the Agency has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions. (2) Without limiting subsection (1), the powers of the Agency mentioned in that subsection include power — ( a ) to enter into contracts, agreements or arrangements; ( b ) to offer and conduct courses in and provide facilities for adult education or further education, and organise or sponsor seminars, workshops and conferences; ( c ) to publish or provide any information, or publish or sponsor the publication of works, relating to adult education, further education or private education; ( d ) to apply for, obtain and hold, whether on its own behalf or jointly with any other person, any intellectual property rights; ( e ) to enter into agreements or arrangements for the commercial exploitation of those intellectual property rights, whether by assignment, licensing or otherwise; ( f ) with the approval of the Minister, to join in the formation of a company, association, trust or partnership or enter into a joint venture with any person; ( g ) to be a member of a company, association, trust or partnership; ( h ) to provide financial incentives, support, grant, aid or assistance to any person; ( i ) to charge for the provision of goods or services, or the performance of work, by, or on behalf of, the Agency; ( j ) to waive the payment of fees and charges payable to the Agency; ( k ) to accept gifts, grants, bequests and devises made to the Agency, and act as trustee of money and other property vested in the Agency on trust; ( l ) to enter into agreements or arrangements with persons, authorities or organisations in Singapore or overseas for the purposes of the Agency; ( m ) to provide technical, consultancy or advisory services to the Government or any other person in Singapore or overseas on any matter related to, or connected with, adult education, further education or private education; and ( n ) to do any other thing that is necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions. (3) To avoid doubt, subsection (1) does not limit any other power given to the Agency by any other provision in this Act or by any other Act.


document_id: ssaa-2016
provision_ref: s7
chapter: PART 2 - ESTABLISHMENT, FUNCTIONS AND POWERS OF AGENCY
section: 7
title: Directions of Minister, etc.
content:
7. —(1) The Minister may give to the Agency any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (2) To avoid doubt, the Minister is entitled — ( a ) to have information in the possession of the Agency; and ( b ) where the information is in or on a document, to have, and make and retain copies of, that document. (3) For the purposes of subsection (2), the Minister may — ( a ) request the Agency to provide information to the Minister; or ( b ) request the Agency to give the Minister access to information. (4) The Agency must comply with a request under subsection (3). (5) In this section — [ Deleted by Act 3 of 2023 wef 15/06/2023 ] “information” means information specified, or of a description specified, by the Minister that relates to the functions of the Agency.


document_id: ssaa-2016
provision_ref: s8
chapter: PART 2 - ESTABLISHMENT, FUNCTIONS AND POWERS OF AGENCY
section: 8
title: Agency’s symbol, etc.
content:
8. —(1) The Agency has the exclusive right to the use of one or more symbols or representations as it may select or devise (each called the Agency’s symbol or representation), and to display or exhibit those symbols or representations in connection with the Agency’s activities or affairs. (2) A person who — ( a ) uses, without the prior written permission of the Agency, a symbol or representation identical with the Agency’s symbol or representation; or ( b ) uses a symbol or representation which so resembles the Agency’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: ssaa-2016
provision_ref: s9
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 9
title: Membership of Agency
content:
9. —(1) The Agency consists of at least 9 and not more than 15 members. (2) One of the members (who is not the Chairperson) may be the Chief Executive.


document_id: ssaa-2016
provision_ref: s11
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 11
title: Membership disqualification
content:
11. —(1) In appointing members of the Agency, the Minister must have regard to whether the members of the Agency will collectively possess the appropriate knowledge, skills, and experience to assist the Agency to perform its functions effectively. (2) However, the following individuals are disqualified to be or from being a member of the Agency: ( a ) an undischarged bankrupt or an individual who has an arrangement with any of his or her creditors; ( b ) a Judge or judicial officer; ( c ) an individual who has been sentenced to imprisonment for a term of 6 months or more, and has not received a free pardon; ( d ) an individual who is — (i) disqualified under section 154(1) of the Companies Act 1967 from acting as a director, or taking part (whether directly or indirectly) in the management, of a company during the period of disqualification in that section; (ii) disqualified by a court order under section 149(1), 149A(1) or 154(2) of the Companies Act 1967 from being a director or in any way (whether directly or indirectly) being concerned in, or taking part in, the management of a company during the period of disqualification in the court order; (iii) disqualified under section 58(1) of the Variable Capital Companies Act 2018 from acting as a director, or taking part (whether directly or indirectly) in the management of a VCC during the period of disqualification in that provision; or (iv) disqualified by a court order under section 56(1), 57(1) or 58(2) of the Variable Capital Companies Act 2018 from being a director or in any way (whether directly or indirectly) being concerned in, or taking part in, the management of a VCC during the period of disqualification in the court order; ( e ) an individual who lacks capacity in respect of his or her duties as a member within the meaning of the Mental Capacity Act 2008, or in respect of whom an order is made under section 10 of the Mental Health (Care and Treatment) Act 2008. [S 461/2020] (3) In this section, “VCC” has the meaning given by section 2(1) of the Variable Capital Companies Act 2018. [S 461/2020]


document_id: ssaa-2016
provision_ref: s12
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 12
title: Chairperson and Deputy Chairperson
content:
12. —(1) The Minister may, by instrument in writing, appoint — ( a ) a member (other than the Chief Executive) to be the Chairperson of the Agency for the period specified in the instrument; and ( b ) a member (other than the Chairperson of the Agency) to be the Deputy Chairperson of the Agency for the period specified in the instrument. (2) The Chairperson or Deputy Chairperson holds office until — ( a ) his or her term of office as Chairperson or Deputy Chairperson (as the case may be) expires; ( b ) he or she ceases to hold office as a member of the Agency; or ( c ) the Minister terminates his or her appointment as Chairperson or Deputy Chairperson, as the case may be, whichever first happens. (3) The Deputy Chairperson of the Agency has and may exercise all of the functions and powers of the Chairperson in relation to a matter if — ( a ) the Chairperson is unavailable; or ( b ) the Chairperson is interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter. [5/2018]


document_id: ssaa-2016
provision_ref: s13
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 13
title: Premature vacancies
content:
13. —(1) If a premature vacancy occurs in the office of any member of the Agency, the Minister may, subject to sections 9, 10 and 11, appoint an individual to fill the vacancy and hold that office for the remainder of the term for which the vacating member was appointed. (2) In this section, “premature vacancy”, for an office, means a vacancy that occurs in that office for any reason other than the expiry of the term of office.


document_id: ssaa-2016
provision_ref: s14
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 14
title: Acting Chairperson and members
content:
14. —(1) The Minister may appoint an individual (other than the Chief Executive) to act temporarily as the Chairperson of the Agency during any period, or during all periods, when the Chairperson — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. (2) The Minister may appoint an individual to act temporarily as a member of the Agency (other than the Chairperson) during any period, or during all periods, when the member — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. (3) An individual is ineligible for appointment under this section to act as the Chairperson or a member of the Agency if the individual is disqualified under section 11(2) for appointment as a member of the Agency.


document_id: ssaa-2016
provision_ref: s15
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 15
title: Removal of member
content:
15. —(1) The Minister may, at any time and without giving any reason, remove a member of the Agency from office. (2) Every removal under subsection (1) must be made by written notice given to the member with a copy to the Agency. (3) The notice must state the date the removal takes effect, which must not be a date earlier than the date the member receives the notice.


document_id: ssaa-2016
provision_ref: s17
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 17
title: Validity of acts, etc.
content:
17. —(1) Despite section 33 of the Interpretation Act 1965, the exercise of any power or performance of any function by the Agency is not affected merely because at the relevant time — ( a ) there was a vacancy in the membership of the Agency, including a vacancy arising from the failure to appoint a member; ( b ) there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Agency; or ( c ) there was an irregularity in the Agency’s decision‑making procedure that does not affect the merits of the decision made. [5/2018] (2) The acts of an individual as a member of the Agency are not affected merely because — ( a ) there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Agency; or ( b ) in the case of an individual acting in the capacity of the Chairperson, member or Chief Executive, the occasion for the individual so acting, or for his or her appointment, had not arisen or had ended. Division 2 &#x2014; Terms and conditions for members


document_id: ssaa-2016
provision_ref: s20
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 20
title: Vacation of office
content:
20. —(1) A member of the Agency ceases to hold office if he or she — ( a ) dies; ( b ) is adjudicated a bankrupt or makes an arrangement with any of his or her creditors; ( c ) becomes otherwise disqualified from being a member under section 11(2); ( d ) is removed from office in accordance with section 15; ( e ) resigns in accordance with section 16; ( f ) fails without reasonable cause to disclose any interest required under the Public Sector (Governance) Act 2018 and a notice is given under that Act to the Minister about that default; ( g ) fails to attend 3 consecutive meetings of the Agency without the approval of the Agency; or ( h ) is not re‑appointed when his or her term of office expires. [5/2018] (2) A member is not entitled to any compensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as a member. Division 3 &#x2014; [Repealed by Act 5 of 2018] 21. [ Repealed by Act 5 of 2018 ] 22. [ Repealed by Act 5 of 2018 ] 23. [ Repealed by Act 5 of 2018 ] 24. [ Repealed by Act 5 of 2018 ] 25. [ Repealed by Act 5 of 2018 ]


document_id: ssaa-2016
provision_ref: s26
chapter: PART 4 - DECISION‑MAKING BY AGENCY
section: 26
title: Procedure generally
content:
26. Except as otherwise provided under this Act or any other Act, the members of the Agency must regulate their own procedure.


document_id: ssaa-2016
provision_ref: s27
chapter: PART 4 - DECISION‑MAKING BY AGENCY
section: 27
title: Notice of meetings
content:
27. —(1) The Agency is to hold such meetings as are necessary for performing its functions. (2) The Chairperson must appoint the times and places of the meetings of the Agency, and cause notice of those meetings to each member not present when the appointment is made. 28. [ Repealed by Act 5 of 2018 ]


document_id: ssaa-2016
provision_ref: s29
chapter: PART 4 - DECISION‑MAKING BY AGENCY
section: 29
title: Quorum
content:
29. —(1) The quorum is the number that is one‑third the number of members. (2) No business may be transacted at a meeting of the Agency if a quorum is not present.


document_id: ssaa-2016
provision_ref: s30
chapter: PART 4 - DECISION‑MAKING BY AGENCY
section: 30
title: Presiding at meetings
content:
30. —(1) At a meeting of the Agency, the following person presides: ( a ) if there is a Chairperson and he or she is present and is not interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter — the Chairperson; ( b ) if there is no Chairperson, or the Chairperson is not present or is interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter, and the Deputy Chairperson who is not so interested in the matter is present — the Deputy Chairperson; ( c ) in any other case, the member elected from among themselves to preside. [5/2018] (2) A person mentioned in subsection (1)( b ) or ( c ) may exercise all the powers and functions of the Chairperson for the purposes of the meeting.


document_id: ssaa-2016
provision_ref: s31
chapter: PART 4 - DECISION‑MAKING BY AGENCY
section: 31
title: Voting at meetings
content:
31. —(1) Each member has one vote. (2) In addition to his or her general vote, the member presiding at a meeting has, in the case of an equality of votes, a casting vote. (3) A resolution of the Agency is passed if it is agreed by all members present without dissent, or if a majority of the members who are entitled to vote on the matter cast votes in favour of it. (4) A member present at a meeting of the Agency is presumed to have agreed to, and to have voted in favour of, a resolution of the Agency unless he or she expressly dissents from or votes against the resolution at the meeting. 32. [ Repealed by Act 5 of 2018 ]


document_id: ssaa-2016
provision_ref: s33
chapter: PART 4 - DECISION‑MAKING BY AGENCY
section: 33
title: Execution of documents
content:
33. —(1) The Agency must have a seal. (2) The seal of the Agency is to be kept and used as authorised by the Agency. (3) A document is duly executed by the Agency if — ( a ) the seal of the Agency is affixed to the document in the presence of one of its members who must sign the document to attest that the seal was so affixed, and the document is signed — (i) by any 2 members generally or specially authorised by the Agency for the purpose; or (ii) by one member and the Chief Executive; or ( b ) it is signed on behalf of the Agency by a person or persons authorised to do so by the Agency and in accordance with the terms of that authorisation. (4) A document purporting to be executed in accordance with this section must be presumed to be duly executed until the contrary is shown. (5) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the Agency appearing on a document. (6) When a document is produced bearing a seal purporting to be the seal of the Agency, it must be presumed that the seal is the seal of the Agency until the contrary is shown. Division 2 &#x2014; Committees and delegation


document_id: ssaa-2016
provision_ref: s34
chapter: PART 4 - DECISION‑MAKING BY AGENCY
section: 34
title: Appointment of committees
content:
34. —(1) The Agency may, by resolution, appoint any number of committees that it thinks fit for purposes which, in the opinion of the Agency, would be better regulated and managed by means of those committees. (2) A committee appointed under this section may consist of any number of individuals that the Agency thinks fit, and may include individuals who are not members of the Agency. (3) Without limiting subsection (1), the Agency may appoint committees — ( a ) to advise the Agency on any matters relating to the Agency’s functions and powers that are referred to the committee by the Agency; or ( b ) to perform or exercise any of the Agency’s functions and powers that are delegated to the committee, if the committee includes at least one member of the Agency. (4) An individual may not be appointed as a member of a committee unless, before appointment, he or she discloses to the Agency the details of any interest (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) the individual may have if he or she were a member of that committee. [5/2018]


document_id: ssaa-2016
provision_ref: s35
chapter: PART 4 - DECISION‑MAKING BY AGENCY
section: 35
title: Proceedings of committees
content:
35. —(1) Section 17 applies to a committee, and to committee members or individuals purporting to be committee members, with the necessary modifications. (2) Subject to this Act, the Public Sector (Governance) Act 2018 and any restrictions by a resolution under section 34(1), a committee may regulate its own proceedings and business as it thinks fit. [5/2018]


document_id: ssaa-2016
provision_ref: s36
chapter: PART 4 - DECISION‑MAKING BY AGENCY
section: 36
title: Ability to delegate
content:
36. —(1) The Agency may delegate the performance or exercise of any of its functions or powers, either generally or specially, to any of the following persons by resolution and written notice to the person or persons: ( a ) a member of the Agency; ( b ) the Chief Executive, any employee of the Agency or any other person performing duties in the Agency; ( c ) a committee; ( d ) a wholly‑owned subsidiary company of the Agency; ( e ) a person engaged as a contractor by the Agency; [Act 3 of 2023 wef 15/06/2023] ( f ) a public officer or an officer of a statutory authority. [Act 3 of 2023 wef 15/06/2023] (2) A delegation by the Agency under subsection (1) of the performance or exercise of any of its functions or powers — ( a ) to a person in subsection (1)( a ), ( b ) or ( c ) may authorise the delegate to subdelegate the performance or exercise of the function or power to another member, an appropriately qualified employee of the Agency or person performing duties in the Agency (called in this Act a subdelegate); or ( b ) to a person in subsection (1)( d ) or ( e ) may authorise the delegate to subdelegate the performance or exercise of the function or power to an appropriately qualified employee of that delegate (also called in this Act a subdelegate), but subject to the same restrictions, and with the same effect, as if the subdelegate is the delegate. (3) Subsections (1) and (2) do not apply to any power under this Act or any other Act administered by the Agency that is declared by that Act to be non‑delegable. (4) Subject to section 34(3)( b ), a delegation or subdelegation in accordance with this Act is not affected by any change in the membership of the Agency or of any committee or by any change in the Chief Executive or employee. (5) In this section — ( a ) a reference to a wholly‑owned subsidiary company of the Agency includes a company limited by guarantee the sole member of which is the Agency; and ( b ) a reference to a person performing duties in the Agency includes a person performing duties in the Agency under a contract, or under an arrangement making available temporarily to the Agency the services of public officers (or secondment).


document_id: ssaa-2016
provision_ref: s37
chapter: PART 4 - DECISION‑MAKING BY AGENCY
section: 37
title: Power of delegate
content:
37. —(1) A delegate (or subdelegate) who purports to perform a function or exercise a power under delegation (or subdelegation) — ( a ) is taken to be in accordance with the terms of a delegation (or subdelegation) under section 36, unless the contrary is shown; and ( b ) must produce evidence of his or her authority to do so, if reasonably requested to do so. (2) A subdelegate to whom a function or power of the Agency is subdelegated under section 36(2) is not authorised to further delegate that power or function to anyone else.


document_id: ssaa-2016
provision_ref: s38
chapter: PART 5 - PERSONNEL MATTERS
section: 38
title: Chief Executive
content:
38. —(1) There must be a Chief Executive of the Agency, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Agency may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018]


document_id: ssaa-2016
provision_ref: s39
chapter: PART 5 - PERSONNEL MATTERS
section: 39
title: Officers and employees
content:
39. The Agency may, subject to the Public Sector (Governance) Act 2018, 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. [5/2018]


document_id: ssaa-2016
provision_ref: s40
chapter: PART 5 - PERSONNEL MATTERS
section: 40
title: Delegates, subdelegates and authorised persons deemed to be public servants
content:
40. —(1) Without affecting sections 20 and 21 of the Public Sector (Governance) Act 2018, every delegate and subdelegate of the Agency — ( a ) is deemed to be a public servant for the purposes of the Penal Code 1871; and ( b ) is, in relation to his or her administration, assessment, collection and enforcement of payment of — (i) any financial penalty imposed under section 21 or 37 of the Private Education Act 2009; or (ii) any composition sum collected under this Act, section 17 of the Skills Development Levy Act 1979 or section 40 of the Private Education Act 2009, [Act 3 of 2023 wef 15/06/2023] taken to be a public officer for the purposes of the Financial Procedure Act 1966; and section 20 of that Act applies to each of these delegates and subdelegates even though he or she is not or was not employed by the Government. [Act 3 of 2023 wef 15/06/2023] (2) Without affecting sections 20 and 21 of the Public Sector (Governance) Act 2018, every authorised person appointed under section 56B(1) and under section 14A(1) of the Skills Development Levy Act 1979 is deemed to be a public servant for the purposes of the Penal Code 1871. [Act 3 of 2023 wef 15/06/2023] [Act 3 of 2023 wef 15/06/2023]


document_id: ssaa-2016
provision_ref: s41
chapter: PART 5 - PERSONNEL MATTERS
section: 41
title: Preservation of secrecy
content:
41. —(1) A member, an employee, an officer, a delegate or subdelegate of the Agency, an authorised person, an inspector, the Chief Executive or a committee member, who has information in his or her capacity as such that would not otherwise be available to him or her, must not disclose that information to any person except — ( a ) in the performance of the Agency’s functions; ( b ) with the prior authorisation from the Agency to do so; ( c ) for the purposes of any proceedings for an offence under this section or section 58, or any report of those proceedings; ( d ) as required by an order of court; ( e ) in complying with the requirements in this Act for members to disclose interests; or ( f ) as required of or allowed by the Agency, the Chief Executive, the member, employee, officer, delegate or subdelegate of the Agency, the authorised person, the inspector or the committee member, by or under this Act or any other Act. [Act 3 of 2023 wef 15/06/2023] [Act 3 of 2023 wef 15/06/2023] (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. (3) In this section — “authorised person” means an authorised person appointed under section 56B(1) or section 14A(1) of the Skills Development Levy Act 1979; “inspector” means an inspector appointed under section 56B(2), section 14A(2) of the Skills Development Levy Act 1979 or section 29(1) of the Private Education Act 2009. [Act 3 of 2023 wef 15/06/2023]


document_id: ssaa-2016
provision_ref: s42
chapter: PART 5 - PERSONNEL MATTERS
section: 42
title: Protection from personal liability
content:
42. —(1) No liability shall lie against any member, any committee member, the Chief Executive or any employee, officer, delegate or subdelegate of the Agency, inspector, or other person acting under the direction of the Agency, for anything which is done or purported to be done, or omitted to be done, in good faith and with reasonable care in — ( a ) the exercise or purported exercise of any power under this Act or any other Act; or [Act 3 of 2023 wef 15/06/2023] ( b ) the performance or purported performance of any function under this Act or any other Act. [Act 3 of 2023 wef 15/06/2023] [Act 3 of 2023 wef 15/06/2023] (2) In this section, “inspector” means an inspector appointed under section 56B(2), section 14A(2) of the Skills Development Levy Act 1979 or section 29(1) of the Private Education Act 2009. [Act 3 of 2023 wef 15/06/2023]


document_id: ssaa-2016
provision_ref: s43
chapter: PART 6 - FINANCIAL PROVISIONS
section: 43
title: Financial year
content:
43. The financial year of the Agency begins on 1 April of each year and ends on 31 March of the succeeding year.


document_id: ssaa-2016
provision_ref: s44
chapter: PART 6 - FINANCIAL PROVISIONS
section: 44
title: Revenue and property of Agency
content:
44. —(1) The funds and property of the Agency include — ( a ) all moneys paid to the Agency by way of grants, subsidies, donations, gifts and contributions for purposes of the Agency; ( b ) all moneys paid to, and all other moneys and property lawfully received by, the Agency for purposes of the Agency; ( ba ) all moneys recovered by the Agency pursuant to an order of a court under section 57D or 58, that relate to the whole or the proportion of an incentive, a grant or a loan out of moneys not in the Skills Development Fund; [Act 3 of 2023 wef 15/06/2023] ( c ) all fees and charges payable to the Agency under this Act or any other Act administered by the Agency; ( d ) all moneys, dividends, royalties, interest or income received from any transaction made pursuant to the powers conferred on the Agency under this Act or any other Act administered by the Agency; ( e ) all moneys borrowed by the Agency under this Act; ( f ) the Skills Development Fund; and ( g ) all accumulations of income derived from any property or money mentioned in paragraphs ( a ) to ( f ). (2) The Skills Development Fund must be managed and administered by the Agency separately from the other funds and property of the Agency.


document_id: ssaa-2016
provision_ref: s45
chapter: PART 6 - FINANCIAL PROVISIONS
section: 45
title: Bank accounts
content:
45. —(1) The Agency must open and maintain one or more accounts with such bank or banks as the Agency thinks fit. (2) Every such account may only be operated by a person who is authorised to do so by the Agency.


document_id: ssaa-2016
provision_ref: s46
chapter: PART 6 - FINANCIAL PROVISIONS
section: 46
title: Financial accounts and records
content:
46. The Agency must — ( a ) keep proper accounts and records of its transactions and affairs; and ( b ) do all things necessary to ensure that — (i) all payments out of its moneys are correctly made and properly authorised; and (ii) adequate control is maintained over the funds and property and assets of, or in the custody of, the Agency and over the expenditure incurred by the Agency.


document_id: ssaa-2016
provision_ref: s47
chapter: PART 6 - FINANCIAL PROVISIONS
section: 47
title: Estimates for Skills Development Fund
content:
47. —(1) In addition to the requirements of the Public Sector (Governance) Act 2018, the Agency must, in every financial year, prepare or cause to be prepared, and must adopt annual estimates of income and expenditure for the Skills Development Fund for the ensuing financial year in accordance with the Skills Development Levy Act 1979. [5/2018] (2) Supplementary estimates for the Skills Development Fund may be adopted by the Agency where necessary. [5/2018] (3) A copy of all annual estimates and supplementary estimates mentioned in subsections (1) and (2) must, upon their adoption by the Agency, be sent as soon as possible to the Minister. [5/2018]


document_id: ssaa-2016
provision_ref: s48
chapter: PART 6 - FINANCIAL PROVISIONS
section: 48
title: Power of investment
content:
48. The Agency may invest its moneys (except the Skills Development Fund) in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.


document_id: ssaa-2016
provision_ref: s49
chapter: PART 6 - FINANCIAL PROVISIONS
section: 49
title: Issue of shares, etc.
content:
49. As a consequence of — ( a ) the vesting of any property, rights or liabilities in the Agency under this Act; or ( b ) any capital injection or other investment by the Government in the Agency in accordance with any other written law, the Agency must issue such shares or other securities to the Minister for Finance as that Minister may direct.


document_id: ssaa-2016
provision_ref: s50
chapter: PART 6 - FINANCIAL PROVISIONS
section: 50
title: Borrowing power
content:
50. —(1) The Agency cannot borrow for the performance of its functions under this Act or any other Act administered by the Agency except in accordance with this section. (2) Subject to subsection (3), the Agency may raise loans by — ( a ) mortgage, overdraft or other means, with or without security; ( b ) charge, whether legal or equitable, on any property vested in the Agency or on any other revenue receivable by the Agency under this Act or any other written law; or ( c ) the creation and issue of debentures, bonds or any other instrument as the Minister may approve. (3) The Agency may raise loans — ( a ) from the Government; or ( b ) with the approval of the Minister, from another source, whether within or outside Singapore. (4) For the purposes of this section, the power to raise loans includes the power to make any financial agreement whereby credit facilities are granted to the Agency for the purchase of goods, materials or things. 51. [ Repealed by Act 5 of 2018 ] 52. [ Repealed by Act 5 of 2018 ] 53. [ Repealed by Act 5 of 2018 ] 54. [ Repealed by Act 5 of 2018 ] 55. [ Repealed by Act 5 of 2018 ]


document_id: ssaa-2016
provision_ref: s56
chapter: PART 6 - FINANCIAL PROVISIONS
section: 56
title: Skills Development Fund to be audited separately
content:
56. The provisions of Part 5 of the Public Sector (Governance) Act 2018 do not affect the requirements in sections 20 and 21 of, and the First Schedule to, the Skills Development Levy Act 1979 insofar as the requirements apply in relation to the Skills Development Fund. [5/2018]


document_id: ssaa-2016
provision_ref: s56A
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 56A
title: Meaning of “incentive”, “grant” and “loan” from Agency
content:
56A. In this Part, an incentive, a grant or a loan from the Agency means — ( a ) an incentive, a grant or a loan given by the Agency out of moneys in the Skills Development Fund in accordance with section 7 of the Skills Development Levy Act 1979; ( b ) an incentive, a grant or a loan given by the Agency out of moneys not in the Skills Development Fund; or ( c ) an incentive, a grant or a loan given by the Agency out of a combination of moneys mentioned in paragraphs ( a ) and ( b ). [Act 3 of 2023 wef 15/06/2023]


document_id: ssaa-2016
provision_ref: s56B
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 56B
title: Appointment of authorised persons and inspectors
content:
56B. —(1) The Agency may appoint an employee or agent of the Agency, a public officer or an officer of another statutory authority or any other suitably qualified individual to be an authorised person for the purposes of section 57. (2) The Agency may appoint any of its officers or employees to be an inspector for the purposes of this Act. (3) The Agency must issue to every authorised person and inspector an identification card that identifies him or her as an authorised person or inspector, as the case may be. (4) An authorised person or inspector must produce his or her identification card for inspection — ( a ) before exercising a power conferred on him or her by this Act; and ( b ) at any time during the exercise of a power conferred on him or her by this Act, if asked to do so. [Act 3 of 2023 wef 15/06/2023]


document_id: ssaa-2016
provision_ref: s57
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 57
title: Powers to verify information collected or for grants, etc.
content:
57. —(1) The powers under this section may be exercised only for the purpose of inquiring into or ascertaining — ( a ) the truth or correctness of any statement made, or of any information given, by a person who applies or has applied for an incentive, a grant or a loan from the Agency; or [Act 3 of 2023 wef 15/06/2023] ( b ) whether any incentive, grant or loan from the Agency has been properly applied by the person to whom the incentive, grant or loan is given. [Act 3 of 2023 wef 15/06/2023] (2) An authorised person may, at any reasonable time, do any of the following, without involving any search of any property or person: ( a ) enter any premises; ( b ) photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises; ( c ) require any person to provide or grant access to, without charge, any document or information reasonably required for any purpose mentioned in subsection (1); ( d ) inspect and make copies of or take extracts from any such document; ( e ) take possession of such a document if, in the opinion of the authorised person — (i) the inspection or copying of or extraction from the document cannot reasonably be performed without taking possession; (ii) the document may be interfered with or destroyed unless possession is taken; or (iii) the document may be required as evidence in any proceedings instituted or commenced for any of the purposes of, or in connection with, this Act; [Act 3 of 2023 wef 15/06/2023] ( f ) require any person to complete and deliver any return specified within the time specified in the notice. [Act 3 of 2023 wef 15/06/2023] (3) The power to require a person to provide any document or information under subsection (2)( c ) includes the power — ( a ) to require the person, or any person who is or was an officer or employee of that person, to explain the document or information; ( b ) if the document or information is not provided, to require the person to state, to the best of the person’s knowledge and belief, where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the authorised person in legible form. [Act 3 of 2023 wef 15/06/2023] (4) If any document is kept in electronic form, the power of an authorised person who is an employee of the Agency, a public officer or an officer of another statutory authority — ( a ) to inspect and make copies of or take extracts from any document under subsection (2)( d ) includes the power to — (i) access any computer or other equipment (including a mobile telephone, thumb drive or hard disk) in which the document is stored; and (ii) require any person having charge of, or otherwise concerned with the operation of, the computer or other equipment to provide assistance in gaining such access; and ( b ) to take possession of the document under subsection (2)( e ) includes the power to — (i) make copies of or take extracts from the document in legible or electronic form; and (ii) transfer the information from the document to a thumb drive, hard disk, tape or other storage device. [Act 3 of 2023 wef 15/06/2023] (5) The powers under this section apply in relation to any inquiry into, or ascertainment of, any matter mentioned in subsection (1)( a ) or ( b ) that commences on or after the date of commencement of section 11 of the SkillsFuture Singapore Agency (Amendment) Act 2023, whether the incentive, grant or loan was applied for or given before, on or after that date. [Act 3 of 2023 wef 15/06/2023]


document_id: ssaa-2016
provision_ref: s57A
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 57A
title: Powers of inspectors
content:
57A. —(1) An inspector may, for the purpose of investigating an offence under this Act, exercise all or any of the following powers: ( a ) the powers conferred on an authorised person under section 57(2), (3) and (4) as if a reference to an authorised person in those provisions were a reference to an inspector; ( b ) the powers under subsection (2). (2) An inspector may — ( a ) require any person whom the inspector reasonably believes to have committed the offence to provide evidence of the person’s identity; ( b ) require, by written order, the attendance before the inspector of any person within the limits of Singapore who, from any information given or otherwise obtained by the inspector, appears to be acquainted with the circumstances of the case; ( c ) examine orally any person reasonably believed to be acquainted with the facts or circumstances of the case or with such other matter as the inspector may specify, and reduce to writing the answer given or statement made by that person; ( d ) without charge, search for, seize and remove any document (subject to paragraph ( e ) in relation to a document kept in electronic form) or thing from any premises, as the inspector may consider necessary; and ( e ) if the inspector is unable to make copies of or take extracts from any document, or transfer the information from any document, in exercise of the powers under section 57(4)( b ) — (i) seize the computer or other equipment (including a mobile telephone, thumb drive or hard disk) in which the document is stored, as evidence in proceedings for an offence mentioned in subsection (1); and (ii) require any person having charge of, or otherwise concerned with the operation of, the computer or other equipment to disclose any password or access code for gaining access to the document stored in the computer or other equipment. (3) Any person examined under this section is bound to state truly what the person knows of the facts and circumstances concerning matters under this Act, except that the person need not say anything that might expose him or her 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 he or she understands; and ( d ) after correction (if necessary), be signed by the person. (5) This section applies in relation to — ( a ) any investigation into an offence under this Act that commences on or after the date of commencement of section 12 of the SkillsFuture Singapore Agency (Amendment) Act 2023, whether the offence was committed before, on or after that date; and ( b ) any investigation that commences on or after the date of commencement of section 6 of the Skills Development Levy (Amendment) Act 2023, into an offence under the repealed section 12 that was committed before that date. (6) In subsection (5)( b ), “repealed section 12” means section 12 of the Skills Development Levy Act 1979 as in force immediately before the date of commencement of section 6 of the Skills Development Levy (Amendment) Act 2023. [Act 3 of 2023 wef 15/06/2023] Division 2 &#x2014; Offences and general provisions [Act 3 of 2023 wef 15/06/2023]


document_id: ssaa-2016
provision_ref: s57B
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 57B
title: Abusive funding arrangement
content:
57B. —(1) In this section and sections 57C and 57D, “funding arrangement” means any agreement, scheme, transaction or series of transactions (whether or not legally enforceable) where the purpose, or one of the purposes, is to obtain an incentive, a grant or a loan from the Agency. (2) For the purposes of this section and sections 57C and 57D, a funding arrangement is an abusive funding arrangement if the funding arrangement, or a transaction forming part of the funding arrangement, results or would result in a person obtaining — ( a ) an incentive, a grant or a loan from the Agency that a person would otherwise not be eligible for or would not have obtained from the Agency; or ( b ) an amount of an incentive, a grant or a loan from the Agency higher than what a person would have been eligible for or would have obtained without that arrangement or transaction. (3) For the purposes of sections 57C and 57D, the amount of wrongly obtained funding that a person obtained or would have obtained from the Agency in relation to an abusive funding arrangement — ( a ) is the amount of the incentive, grant or loan that results or would result from the abusive funding arrangement, or a transaction forming part of the abusive funding arrangement; but ( b ) excludes any amount the person would have obtained without that abusive funding arrangement or transaction. [Act 3 of 2023 wef 15/06/2023]


document_id: ssaa-2016
provision_ref: s57C
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 57C
title: Entering into or facilitation of abusive funding arrangement
content:
57C. —(1) A person commits an offence if the person — ( a ) enters into or facilitates a funding arrangement that is an abusive funding arrangement; ( b ) knows or has reason to believe that the funding arrangement is an abusive funding arrangement; and ( c ) intends by entering into or facilitating that abusive funding arrangement to dishonestly or fraudulently induce the Agency to give an incentive, a grant or a loan to the person, or to any other person or persons. (2) A person who is guilty of an offence under subsection (1) shall on conviction — ( a ) pay a penalty equal to the amount of wrongly obtained funding that the person obtained, or would have obtained, from the Agency as a result of the abusive funding arrangement entered into or facilitated by the person; and ( b ) be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. (3) For the purposes of subsection (2)( a ), it is irrelevant whether the person convicted of the offence obtained the wrongly obtained funding from the Agency for the benefit of that person, or for the benefit of any other person or persons. (4) The penalty mentioned in subsection (2)( a ) is recoverable in accordance with section 319 of the Criminal Procedure Code 2010 (other than section 319(1)( a )) as if it were a fine. (5) For the purposes of subsection (1)( a ), a person facilitates a funding arrangement if the person is — ( a ) a training provider or an employer who designs, organises or manages the funding arrangement or a transaction forming part of the funding arrangement; ( b ) either one of the following employees who participates in, or by the employee’s act or omission enables or aids, the funding arrangement or a transaction forming part of the funding arrangement: (i) an employee of the training provider mentioned in paragraph ( a ); (ii) an employee of the employer mentioned in paragraph ( a ); ( c ) a person who by attending a course or programme, participates in, enables or aids the funding arrangement or a transaction forming part of the funding arrangement; ( d ) a marketing agent who publishes, disseminates or communicates any information, by any means or in any form, for the purpose of inducing or encouraging (whether directly or indirectly) any other person to enter into the funding arrangement or a transaction forming part of the funding arrangement; or ( e ) any other person who — (i) designs, organises, manages or participates in, or by the person’s act or omission enables or aids, the funding arrangement or a transaction forming part of the funding arrangement; or (ii) publishes, disseminates or communicates any information, by any means or in any form, for the purpose of inducing or encouraging (whether directly or indirectly) any other person to enter into the funding arrangement or a transaction forming part of the funding arrangement. (6) However, a person does not facilitate a funding arrangement under subsection (5) only by reason that the person in the ordinary course of business — ( a ) provides services relating to, or provides connections for, the transmission or routing of data; ( b ) provides, or operates facilities for, online services or network access; or ( c ) provides a service that — (i) enables the end-users of that service to communicate with other end-users; or (ii) enables the publication, dissemination or communication of information or documents by end-users of that service, whether by means of email, by use of a mobile telephone or other device, or by use of application software or otherwise. (7) In any proceedings for an offence under subsection (1), it is presumed, until the contrary is proved, that a person has the intention mentioned in subsection (1)( c ) if the funding arrangement, or a transaction forming part of the funding arrangement, involves any step or steps (other than under subsection (6)) which is or are capable of assisting the person or any other person who enters into that funding arrangement or transaction to obtain the incentive, grant or loan. (8) To avoid doubt, it is not a defence in any proceedings for an offence under subsection (1) that the accused did not obtain any incentive, grant or loan from the Agency. [Act 3 of 2023 wef 15/06/2023]


document_id: ssaa-2016
provision_ref: s57D
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 57D
title: Recovery by Agency of wrongly obtained funding
content:
57D. —(1) The court before which a person ( A ) is convicted of an offence under section 57C(1) may, in addition to imposing the penalty and punishment under section 57C(2), order A to repay to the Agency the amount of wrongly obtained funding that A obtained from the Agency (whether for A ’s benefit, or for the benefit of any other person or persons) as a result of the abusive funding arrangement entered into or facilitated by A . (2) Where the court makes an order under subsection (1) — ( a ) the court is to certify the amount of wrongly obtained funding to be repaid to the Agency; and ( b ) the Agency may recover the amount so certified in any civil court of competent jurisdiction as if the amount were a judgment debt due to the Agency. (3) The Agency must pay the amount of wrongly obtained funding recovered under this section in the following manner: ( a ) where the amount of wrongly obtained funding is in relation to an incentive, a grant or a loan out of moneys in the Skills Development Fund — the recovered amount must be paid into the Skills Development Fund; ( b ) where the amount of wrongly obtained funding is in relation to an incentive, a grant or a loan out of moneys not in the Skills Development Fund — the recovered amount must be paid into the funds of the Agency under section 44(1) excluding the Skills Development Fund (called in this subsection the general moneys of the Agency); ( c ) where the amount of wrongly obtained funding is in relation to an incentive, a grant or a loan out of a combination of moneys mentioned in paragraphs ( a ) and ( b ) — the recovered amount must be paid into the Skills Development Fund and to the general moneys of the Agency in the respective proportion that moneys were withdrawn from the Skills Development Fund and the general moneys of the Agency for that incentive, grant or loan. [Act 3 of 2023 wef 15/06/2023]


document_id: ssaa-2016
provision_ref: s57E
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 57E
title: False or misleading advertisements
content:
57E. —(1) A person commits an offence if — ( a ) the person publishes or causes to be published, or distributes or causes to be distributed, any advertisement that is false or misleading in a material particular; and ( b ) the person knows or ought reasonably to have known that, or is reckless as to whether, the advertisement is false or misleading in a material particular. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (3) For the purposes of subsection (1), a person publishes, or causes to be published, an advertisement if the advertisement is made accessible to, or accessed by, persons by means of — ( a ) a newspaper, magazine, journal or any other periodical; ( b ) a sound or television broadcast transmitted for reception; or ( c ) any other means of broadcasting or communication for circulation or reception. (4) For the purposes of subsection (1), an advertisement is false or misleading in a material particular if the advertisement — ( a ) falsely represents that a person is eligible for, or has been given, an incentive, a grant or a loan from the Agency in respect of a course or programme; ( b ) falsely represents that the Agency has accredited, or facilitated the accreditation by others in Singapore of, a provider of a course or programme; ( c ) falsely represents that the Agency has accredited, or facilitated the accreditation by others in Singapore of, a course or programme; ( d ) falsely represents that a provider of a course or programme, or a course or programme, is approved or endorsed by the Agency; ( e ) contains any false or misleading information concerning a provider of a course or programme who is eligible for, or has been given, an incentive, a grant or a loan from the Agency; or ( f ) concerns a course or programme in respect of which a person is eligible for, or has been given, an incentive, a grant or a loan from the Agency, and contains any false or misleading description of, or false or misleading information concerning — (i) the curriculum, modules or subjects to be covered by that course or programme; or (ii) the competencies, expertise or skills to be advanced by that course or programme. (5) In this section and section 57F — “advertisement” means any writing, still or moving picture, sign, symbol (whether 3-dimensional or 2-dimensional) or other visual image, or any audible message, or any combination of 2 or more of those things, that gives publicity to, or otherwise promotes or is intended to promote, a course or programme; “distribute” includes — ( a ) in relation to a printed advertisement — to deliver or send to one or more persons, or to leave at any premises or on any vehicle; and ( b ) in relation to an advertisement in electronic form, in the form of an audio or a visual recording, or in a combination of any of those forms — to transmit to one or more persons by use of the Internet or a mobile telephone network. [Act 3 of 2023 wef 15/06/2023]


document_id: ssaa-2016
provision_ref: s57F
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 57F
title: Remedial measures for false or misleading advertisements
content:
57F. —(1) This section applies where the Agency is of the opinion that a person has published or caused to be published, or distributed or caused to be distributed, any advertisement for which an offence under section 57E(1) may have been committed (called in this section the defaulting person). (2) The Agency may (without compensation) give a direction to the defaulting person to do all or any of the following: ( a ) take all practicable steps to remove the advertisement; ( b ) modify the advertisement in the manner specified or approved by the Agency; ( c ) cease the publication or distribution of any other advertisement which is wholly or substantially the same as the advertisement mentioned in subsection (1); ( d ) publish or cause to be published, or distribute or cause to be distributed, a corrective advertisement in the manner, and containing any information, specified or approved by the Agency. (3) Before the Agency gives a direction to the defaulting person under subsection (2), the Agency must, unless the Agency considers it not practicable or desirable to do so, give written notice to the defaulting person — ( a ) stating that the Agency intends to give a direction to the defaulting person under this section; and ( b ) specifying the time within which written representations may be made to the Agency with respect to the proposed direction. (4) The Agency may, after considering any written representation made pursuant to subsection (3)( b ), decide to give or not to give, or to modify, the direction as the Agency considers appropriate. (5) The Agency must serve on the defaulting person a notice of the Agency’s decision under subsection (4). (6) Every defaulting person must comply with a direction given by the Agency to the defaulting person under subsection (2). (7) A defaulting person who, without reasonable excuse, fails to comply with a direction of the Agency under subsection (2) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. (8) Where the defaulting person fails to comply with a direction of the Agency under subsection (2), the Agency may — ( a ) take all steps as the Agency considers reasonable and necessary to give effect to the direction; and ( b ) recover all costs and expenses reasonably incurred by the Agency in so doing from the defaulting person, as a civil debt due to the Agency. [Act 3 of 2023 wef 15/06/2023]


document_id: ssaa-2016
provision_ref: s57G
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 57G
title: Refund by funding recipient for cancelled course or programme, etc.
content:
57G. —(1) This section applies where, on or after the appointed day — ( a ) the Agency has given an incentive, a grant or a loan to any person (called in this section a funding recipient) in connection with a course or programme; ( b ) a person (called in this section a trainee) takes part in, or intends to take part in, a course or programme provided or to be provided by the funding recipient; ( c ) the course or programme — (i) does not start on the scheduled starting day; or (ii) ceases to be provided at any time after it starts but before it is completed; and ( d ) the trainee has not withdrawn from the course or programme before the default day. (2) The Agency may give a direction to a funding recipient to make either or both of the following refunds by the time specified in the direction for that refund: ( a ) a refund to a trainee or any other person of the money received by the funding recipient before the default day from that trainee or other person (as the case may be) in payment for that trainee taking part in the course or programme; ( b ) a refund to the Agency of the amount of the incentive, grant or loan given by the Agency to the funding recipient in connection with each trainee taking part in the course or programme. (3) Before the Agency gives a direction to the funding recipient under subsection (2), the Agency must, unless the Agency considers it not practicable or desirable to do so, give written notice to the funding recipient — ( a ) stating that the Agency intends to give a direction to the funding recipient under this section; and ( b ) specifying the time (being at least 14 days or any other period of time that may be prescribed in substitution) within which written representations may be made to the Agency with respect to the proposed direction. (4) The Agency may, after considering any written representation made pursuant to subsection (3)( b ), decide to give or not to give, or to modify, the direction as the Agency considers appropriate. (5) The Agency must serve on the funding recipient a notice of the Agency’s decision under subsection (4). (6) Every funding recipient must comply with a direction given by the Agency to the funding recipient under subsection (2). (7) Subsection (2) applies despite anything to the contrary contained in any agreement entered into on or after the appointed day between the funding recipient and the trainee concerned, or between the funding recipient and any person who paid for the course or programme on behalf of the trainee. (8) A funding recipient who, without reasonable excuse, fails to comply with a direction under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (9) In this section — “appointed day” means the date of commencement of section 12 of the SkillsFuture Singapore Agency (Amendment) Act 2023; “default day”, in relation to a course or programme, means — ( a ) if subsection (1)( c )(i) applies — the scheduled starting day for the course or programme; or ( b ) if subsection (1)( c )(ii) applies — the day on which the course or programme ceases to be provided; “scheduled starting day”, in relation to a course or programme, means the day on which the course or programme was scheduled to start. [Act 3 of 2023 wef 15/06/2023]


document_id: ssaa-2016
provision_ref: s57H
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 57H
title: Appeal to Minister against directions under sections 57F and 57G
content:
57H. —(1) A person who is given a direction by the Agency under section 57F(2) or 57G(2) and is aggrieved by the Agency’s decision to give the direction (called in this section an appellant) may appeal to the Minister against the Agency’s direction in accordance with this section. (2) An appeal under this section must be — ( a ) in writing and specify the grounds on which it is made; and ( b ) made within 14 days (or any other period of time that may be prescribed in substitution) after the date the direction appealed against is given to the appellant. (3) The Minister may reject an appeal of an appellant who fails to comply with subsection (2). [Act 3 of 2023 wef 15/06/2023]


document_id: ssaa-2016
provision_ref: s57I
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 57I
title: Decision of Minister on appeal
content:
57I. —(1) After considering an appeal under section 57H, the Minister may — ( a ) reject the appeal and confirm the Agency’s decision to give the direction; or ( b ) allow the appeal and vary or revoke the direction that is the subject of the appeal. (2) The Minister’s decision on an appeal is final. (3) Every appellant mentioned in section 57H(1) must be notified of the Minister’s decision under subsection (1). (4) An appeal under section 57H does not affect the operation of the direction appealed against or prevent the taking of action to implement the direction, and unless otherwise directed by the Minister, the direction appealed against must be complied with until the determination of the appeal. [Act 3 of 2023 wef 15/06/2023]


document_id: ssaa-2016
provision_ref: s57J
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 57J
title: Designate may hear appeal in place of Minister
content:
57J. —(1) The Minister may designate any of the following office‑holders in his or her Ministry to hear and determine, in the Minister’s place, any appeal made under section 57H: ( a ) the Second Minister, if any; ( b ) any Minister of State or Senior Minister of State; ( c ) any Parliamentary Secretary or Senior Parliamentary Secretary. (2) A reference to the Minister in section 57H or 57I includes a reference to a person designated under subsection (1). [Act 3 of 2023 wef 15/06/2023]


document_id: ssaa-2016
provision_ref: s58
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 58
title: False or misleading information, statement or document, etc.
content:
58. —(1) A person must not — ( a ) in relation to the person’s application, or in support of an application by another, for any incentive, grant or loan from the Agency, make, or authorise the making of, a statement that the person knows to be false or misleading in any material particular; [Act 3 of 2023 wef 15/06/2023] ( b ) in providing any information or any document required under section 57 or 57A, or to the Agency in connection with any function or duty of the Agency under this Act, provide any information or document that the person knows to be false or misleading in any material particular; or [Act 3 of 2023 wef 15/06/2023] ( c ) intentionally alter, suppress or destroy any document or information which the person is required to provide under section 57 or 57A. [Act 3 of 2023 wef 15/06/2023] (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (3) To avoid doubt, it is not a defence in any proceeding for an offence under subsection (2) for contravening subsection (1)( a ) that the accused did not obtain any incentive, grant or loan from the Agency. [Act 3 of 2023 wef 15/06/2023] (4) The court before which a person is convicted of an offence under subsection (1)( a ) may, in addition to imposing the punishment under subsection (2), order the person to repay to the Agency an amount which consists of — ( a ) the amount of the incentive, grant or loan that the Agency gave to the person as a result of the false or misleading statement mentioned in subsection (1)( a ); but ( b ) excludes any amount that the Agency would have given the person without that false or misleading statement. [Act 3 of 2023 wef 15/06/2023] (5) Section 57D(2) and (3) applies to an order of the court for the repayment under subsection (4), with the necessary modifications. [Act 3 of 2023 wef 15/06/2023]


document_id: ssaa-2016
provision_ref: s59
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 59
title: Penalty for obstructing member, employee, etc.
content:
59. —(1) A person must not — ( a ) obstruct or hinder a member, an employee, an officer, an agent or a delegate or subdelegate of the Agency, an authorised person or an inspector, who is exercising any power or discharging any duty under this Act; or ( b ) neglect or refuse to attend before an inspector as required under section 57A, or otherwise fail to comply with a lawful demand of an inspector under section 57A. [Act 3 of 2023 wef 15/06/2023] (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [Act 3 of 2023 wef 15/06/2023]


document_id: ssaa-2016
provision_ref: s60
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 60
title: Composition of offences
content:
60. —(1) The Chief Executive, or an employee of the Agency authorised in writing by the Agency, may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $2,000. (2) On payment of the sum of money mentioned in 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: ssaa-2016
provision_ref: s61
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 61
title: Offences by corporations
content:
61. —(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 a member of the corporation if the affairs of the corporation are managed by its members; or (ii) an individual who is involved in the management of the corporation and is in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (6) In this section — “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes any person purporting to act in any such capacity; “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: ssaa-2016
provision_ref: s62
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 62
title: Offences by unincorporated associations or partnerships
content:
62. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual who is involved in the management of the unincorporated association or partnership and who is 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; “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: ssaa-2016
provision_ref: s63
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 63
title: Service of documents
content:
63. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) may be served — ( a ) by giving it to the body corporate’s secretary or other similar officer, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the body corporate’s registered office or principal office in Singapore; ( c ) by sending it by fax to the fax number used at the body corporate’s registered office or principal office in Singapore; or ( d ) by sending it by email to the body corporate’s last email address. (5) Service of a document under subsection (1) takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; and ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). (6) In this section, “document” includes a notice or an order permitted or required by this Act to be served. (7) However, this section does not apply to documents to be served in proceedings in court. (8) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “last email address” means — ( a ) the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; or ( b ) the last email address of the addressee concerned known to the person giving or serving the document; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: ssaa-2016
provision_ref: s64
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 64
title: Regulations
content:
64. The Agency may, with the approval of the Minister, make regulations prescribing matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.


document_id: ssaa-2016
provision_ref: s65
chapter: PART 8 - TRANSFER OF UNDERTAKINGS TO AGENCY
section: 65
title: Interpretation of this Part
content:
65. In this Part, unless the context otherwise requires — “asset”, in relation to a transferor, means property of any kind (whether tangible or intangible, whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether actual or contingent) of the transferor on the eve of the transfer date and includes, without limitation, any — ( a ) legal or equitable interest in real or personal property, whether situated in Singapore or elsewhere; ( b ) chose in action; ( c ) money or securities; ( d ) plant and equipment, whether situated in Singapore or elsewhere; ( e ) intellectual property; ( f ) infrastructure, whether situated in Singapore or elsewhere; ( g ) records; and ( h ) right; “Council for Private Education” or “CPE” means the Council for Private Education established under section 3 of the Private Education Act 2009 as in force before 4 October 2016; “liability”, in relation to a transferor, means any liability, duty or obligation (whether actual or contingent, liquidated or unliquidated, and whether owed alone or jointly or jointly and severally with any other person) of the transferor on the eve of the transfer date; “private education function” means any function of the Council for Private Education under the Private Education Act 2009 as in force before 4 October 2016; “records”, in relation to a transferor, means registers, papers, documents, minutes, receipts, books of account and other record, however compiled, recorded or stored, of that transferor existing on the eve of the transfer date; “right”, in relation to a transferor, means any right, power, privilege or immunity of the transferor on the eve of the transfer date; “transferor” means — ( a ) the Council for Private Education; or ( b ) the Singapore Workforce Development Agency; “transferring SWDA employee” means an employee of the Singapore Workforce Development Agency who, on the eve of the transfer date, is in any of the following departments of that Agency: ( a ) the Institute of Adult Learning; ( b ) the Skills Development Group; ( c ) the Training Partners Group; ( d ) the Business Technology Group; ( e ) the Corporate Group (SkillsFuture); ( f ) the Integrated Business Services Division; ( g ) the Shared Services Management Division.


document_id: ssaa-2016
provision_ref: s66
chapter: PART 8 - TRANSFER OF UNDERTAKINGS TO AGENCY
section: 66
title: Transfer of undertakings to Agency
content:
66. —(1) On the transfer date, the following assets and liabilities are transferred to the Agency: ( a ) all assets and liabilities of the Council for Private Education; ( b ) those assets and liabilities of the Singapore Workforce Development Agency that relate solely or mainly to the functions of the following departments of that Agency: (i) the Institute of Adult Learning; (ii) the Skills Development Group; (iii) the Training Partners Group; (iv) the Business Technology Group; (v) the Corporate Group (SkillsFuture); (vi) the Integrated Business Services Division; (vii) the Shared Services Management Division. (2) When any assets or liabilities are transferred under subsection (1), the following provisions have effect: ( a ) the assets of the transferor that are the subject of the transfer vest in the Agency by virtue of this section and without the need for any further conveyance, transfer, assignment or assurance; ( b ) the liabilities of the transferor that are the subject of the transfer become by virtue of this section the liabilities of the Agency; ( c ) all legal or other proceedings relating to those assets or liabilities that are started before the transfer date by or against the transferor or a predecessor of the transferor and pending immediately before that date are taken to be proceedings pending by or against the Agency; ( d ) any legal or other proceedings relating to those assets or liabilities which could have been started immediately before the transfer date by or against the transferor or a predecessor of the transferor may be started by or against the Agency; ( e ) a judgment or order of a court or other tribunal obtained before the transfer date by or against the transferor or a predecessor of the transferor relating to those assets or liabilities may be enforced by or against the Agency; ( f ) any document relating to legal or other proceedings relating to those assets or liabilities that has been served on or by a transferor or a predecessor of the transferor before the transfer date is taken, where appropriate, to have been served on or by the Agency; ( g ) any act, matter or thing done or omitted to be done before the transfer date in relation to those assets or liabilities by, to or in respect of the transferor or a predecessor of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Agency; ( h ) a reference in any written law, in any instrument made under any Act, in any contract, agreement, arrangement or undertaking, or in any document of any kind to the transferor or a predecessor of the transferor, to the extent to which the reference relates to those assets or liabilities, is taken to be, or include, a reference to the Agency. (3) The operation of this section does not — ( a ) constitute a breach of, or default under, any Act or other law or otherwise a civil wrong or criminal wrong; ( b ) constitute a breach of duty of confidence (whether arising by contract, in equity, by custom, or in any other way); ( c ) constitute a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities or the disclosure of any information; ( d ) terminate an agreement or fulfil any condition that allows a person to terminate any agreement or obligation, or gives rise to any right or remedy in respect of any agreement or obligation; ( e ) cause any contract or instrument to be void or otherwise unenforceable; ( f ) frustrate any contract or releasing any surety or other obligor wholly or in part from any obligation; ( g ) release a surety or other obligee wholly or in part from an obligation; or ( h ) constitute an event of breach of, or default under, any contract or other instrument. (4) No attornment to the Agency by a lessee from a transferor is required.


document_id: ssaa-2016
provision_ref: s67
chapter: PART 8 - TRANSFER OF UNDERTAKINGS TO AGENCY
section: 67
title: Transferring secondments and SWDA employees to Agency
content:
67. —(1) On the transfer date, every transferring SWDA employee — ( a ) stops being an employee of the Singapore Workforce Development Agency; and ( b ) is each transferred to the service, and becomes an employee, of the Agency on terms no less favourable than those enjoyed by the employee on the eve of the transfer date. (2) The transfer of a transferring SWDA employee to the Agency — ( a ) does not interrupt continuity of service; ( b ) does not constitute a retrenchment or redundancy; and ( c ) does not entitle any employee so transferred to any payment or other benefit merely because he or she stops being employed by the Singapore Workforce Development Agency. (3) A certificate purporting to be signed by the Minister certifying that an individual named in the certificate was, with effect from the transfer date, employed by virtue of this section by the Agency, is admissible in evidence in any proceedings as evidence of the matters stated in it. (4) Nothing in this section prevents — ( a ) any of the terms and conditions of employment of an individual transferred under this section from being altered by or under any law, award or agreement with effect from any time after the transfer date; and ( b ) an individual transferred under this section from resigning from the Agency at any time after the transfer date, in accordance with the terms and conditions of his or her employment then applicable. (5) To avoid doubt, section 18A of the Employment Act 1968 does not apply to the transfer under this Part of any SWDA employee to the Agency. (6) On the transfer date, every public officer whose services are made available (or is seconded) to the Council of Private Education under an agreement or arrangement that — ( a ) is between the Government and the Council for Private Education; and ( b ) is in force on the eve of the transfer date, continues on secondment to the Agency.


document_id: ssaa-2016
provision_ref: s68
chapter: PART 8 - TRANSFER OF UNDERTAKINGS TO AGENCY
section: 68
title: General preservation of employment terms
content:
68. —(1) The service with the Agency of an SWDA employee transferred under section 67 (called in this section a transferred employee) must be regarded for all purposes as having been continuous with the service of the employee with the Singapore Workforce Development Agency immediately before the transfer date. (2) On the transfer date — ( a ) a transferred employee retains all accrued rights as if employment with the Agency were a continuation of employment with the Singapore Workforce Development Agency; ( b ) the liabilities of the Singapore Workforce Development Agency relating to the transferred employee’s accrued rights to annual, sick, maternity or other leave and superannuation become the liabilities of the Agency; and ( c ) a reference to the Singapore Workforce Development Agency in the contract of employment that had effect in relation to the transferred employee immediately before the transfer date is taken to be, or includes, a reference to the Agency. (3) For any conduct while a transferred employee was employed by the Singapore Workforce Development Agency which would have rendered the employee liable to be reprimanded, reduced in rank, retired, dismissed or punished by the Singapore Workforce Development Agency, the Agency may — ( a ) carry on and complete any disciplinary proceedings started by the Singapore Workforce Development Agency against the transferred employee if those proceedings are pending on the eve of the transfer date; and ( b ) reprimand, reduce in rank, retire, dismiss or otherwise punish a transferred employee, as if the employee were not transferred. (4) Where, on the eve of the transfer date, any matter about the conduct of a transferred employee while employed by the Singapore Workforce Development Agency — ( a ) was in the course of being heard or investigated by a transferor’s committee acting under due authority; or ( b ) had been heard or investigated by a committee of the Singapore Workforce Development Agency acting under due authority but no order, ruling or direction had been made, that committee must complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that date, and that order, ruling or direction is to be regarded as an order, ruling or direction of the Agency. (5) Until such time as conditions of employment are drawn up by the Agency for the transferred employees, every transferred employee is to be regarded as being employed by the Agency on the same conditions of employment applicable to the employee on the eve of the transfer date as the Singapore Workforce Development Agency. (6) Any condition of employment relating to the length of service with the Agency must recognise the length of service of the employees so transferred while employed by the Singapore Workforce Development Agency (including any previous service of the employee taken to be service with the Singapore Workforce Development Agency) to be service with the Agency. (7) Neither the chief executive of the CPE nor the chief executive of the SWDA is by operation of this Part transferred to the position of Chief Executive of the Agency unless the Agency appoints him or her to that position under section 38. (8) Nothing in section 67(6) — ( a ) breaks the continuity of service of the public officer whose secondment continues with the Agency because of that provision; or ( b ) affects any rights, powers or immunities that such a public officer has, or the extent to which such a public officer is subject to obligations or liabilities in relation to discipline, by virtue of holding the office or position to which the officer is seconded.


document_id: ssaa-2016
provision_ref: s69
chapter: PART 8 - TRANSFER OF UNDERTAKINGS TO AGENCY
section: 69
title: Transfer of records
content:
69. From the transfer date, the following records become the records of the Agency: ( a ) all records of the Council for Private Education; ( b ) every record, or part of any record, of the Singapore Workforce Development Agency that relates to — (i) any assets or liabilities transferred to the Agency under section 66; or (ii) any transferring SWDA employee.


document_id: ssaa-2016
provision_ref: s70
chapter: PART 8 - TRANSFER OF UNDERTAKINGS TO AGENCY
section: 70
title: Confirmation of transfers
content:
70. —(1) If any dispute arises — ( a ) as to whether an asset or a liability, or an employee or a record is transferred under section 66, 67 or 69; or ( b ) as to whether any, or any part of any, contract or document relates to an asset or a liability, or an employee or a record, transferred under section 66, 67 or 69, the Minister for Finance may determine the matter and is to provide the concerned parties with written notice of that determination. (2) The determination of the Minister for Finance under subsection (1) is final and binding on the transferor concerned and the Agency.


document_id: ssca-1973
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Chairperson” means a member of the Council who is appointed under section 4A(1)( a ) as the Chairperson of the Council; “Chief Executive Officer” means the chief executive of the Council, and includes any individual acting in that capacity; “Council” means the Singapore Sports Council established under section 3; “Deputy Chairperson” means a member of the Council who is appointed under section 4A(1)( b ) as the Deputy Chairperson of the Council; “member” means a member of the Council and includes the Chairperson and the Deputy Chairperson; “National Stadium” means the National Stadium Complex at Kallang. [5/2018; 2/2020]


document_id: ssca-1973
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT AND CONSTITUTION OF COUNCIL
section: 3
title: Establishment of Singapore Sports Council
content:
3. —(1) A Council called the Singapore Sports Council is established. (2) The Council is a body corporate with perpetual succession and a common seal and may acquire, hold or dispose of movable and immovable property, sue and be sued in its corporation name, and do and suffer all other acts and things that bodies corporate may do and suffer.


document_id: ssca-1973
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT AND CONSTITUTION OF COUNCIL
section: 4
title: Membership of Council
content:
4. —(1) The Council consists of not less than 7 and not more than 15 members, each of whom is to be appointed by the Minister. [2/2020] (2) One of the members (who is not the Chairperson) may be the Chief Executive Officer. [2/2020] (3) Every member, subject to this section, holds office for a period of 3 years, or for such shorter period as the Minister may determine, and is eligible for re‑appointment. (4) The Minister may at any time — ( a ) accept the resignation of any member; or ( b ) revoke the appointment of any member without giving any reason. (5) If any member dies, resigns, or has his or her appointment revoked under subsection (4), another person may be appointed by the Minister for the unexpired period of the term of office of the member in whose place he or she is appointed. (6) No vacancy in the membership of the Council affects its powers.


document_id: ssca-1973
provision_ref: s4A
chapter: PART 2 - ESTABLISHMENT AND CONSTITUTION OF COUNCIL
section: 4A
title: Tenure as Chairperson or Deputy Chairperson
content:
4A. —(1) The Minister may appoint — ( a ) a member (other than the Chief Executive Officer) to be the Chairperson of the Council for a period the Minister determines, being not longer than 3 years; and ( b ) a member (other than the Chairperson or Chief Executive Officer) to be the Deputy Chairperson of the Council for a period the Minister determines, being not longer than 3 years. [2/2020] (2) The Chairperson or Deputy Chairperson may be re‑appointed in accordance with this section. [2/2020] (3) The Chairperson or Deputy Chairperson holds office until whichever of the following first happens: ( a ) his or her term of office as Chairperson or Deputy Chairperson (as the case may be) expires; ( b ) he or she ceases to hold office as a member; ( c ) the Minister revokes the appointment as Chairperson or Deputy Chairperson, as the case may be. [2/2020]


document_id: ssca-1973
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT AND CONSTITUTION OF COUNCIL
section: 5
title: Salaries, fees and allowances payable to members
content:
5. There are to be paid to the members, out of the funds of the Council, such salaries, fees and allowances as the Minister may determine.


document_id: ssca-1973
provision_ref: s6
chapter: PART 2 - ESTABLISHMENT AND CONSTITUTION OF COUNCIL
section: 6
title: Meetings of Council
content:
6. —(1) Meetings of the Council must be held at such times and places as the Council or the Chairperson may determine. (2) At any meeting of the Council, 5 members constitute a quorum. (3) The Chairperson presides at every meeting of the Council at which he or she is present, and in his or her absence the Deputy Chairperson presides at the meeting. (4) In the absence of both the Chairperson and the Deputy Chairperson, the members present must elect one of their number to preside at the meeting. (5) Every question before the Council must be decided by a majority of the votes of the members present at the meeting, and in the event of an equality of votes, the Chairperson or the member presiding at the meeting has a casting vote in addition to his or her original vote. (6) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Council may make standing orders to regulate its own procedure, and in particular, the holding of meetings, the notice to be given of the meetings, the keeping of minutes and the custody, production and inspection of the minutes. [5/2018] 7. [ Repealed by Act 5 of 2018 ]


document_id: ssca-1973
provision_ref: s8
chapter: PART 3 - FUNCTIONS AND POWERS OF COUNCIL
section: 8
title: Functions of Council
content:
8. The functions of the Council are — ( a ) to plan and promote sports in Singapore for both competitive and recreational purposes; ( b ) to coordinate the activities of, and to facilitate cooperation among, all sports organisations; ( c ) to coordinate, in consultation with the Ministry of Education, the sports activities of schools with those of national sports organisations; ( d ) to encourage and organise, in consultation with the national sports organisations and the Singapore National Olympic Council, national, international and other sports, competitions and games; ( e ) to plan and promote physical education in Singapore; ( f ) to foster research and study in sports and physical education and to prepare and publish such reports or periodicals on these matters as it thinks fit; ( g ) to provide information, advice and assistance to persons and organisations concerned with sports and physical education; ( h ) to establish any sports stadium or such other sports facilities as it thinks fit and to manage and maintain them; ( i ) to establish any clubs for the promotion of sports and to manage and maintain them; ( j ) to establish and maintain hotels, hostels, restaurants, shops or other conveniences in connection with any sports stadium or other facilities under its control; and ( k ) to prepare, manufacture and supply any sports equipment and other sports items.


document_id: ssca-1973
provision_ref: s9
chapter: PART 3 - FUNCTIONS AND POWERS OF COUNCIL
section: 9
title: Powers
content:
9. The Council may do all things that are necessary or convenient to be done for or in connection with the performance of its functions and, without limiting the foregoing, may — ( a ) recommend minimum standards for participation in international sports competitions and games; ( b ) advise on the planning, promotion and standards of physical education; ( c ) appoint committees consisting of persons who may or may not be members of the Council and delegate to those committees any of its functions that the Council may determine; ( d ) raise funds by all lawful means and receive donations or contributions from any source; ( e ) make grants or contributions to any person or sports organisation subject to such conditions as it thinks fit; ( f ) enter into such contracts as the Council considers necessary for the discharge of its functions; ( g ) with the approval of the Minister — (i) impose fees or charges for services rendered by the Council and for the use of any facilities controlled or managed by the Council; and (ii) determine the amount of each such fee or charge; ( h ) lend money to, and enter into guarantees on behalf of, any person in matters relating to sports and physical education; and ( i ) with the approval of the Minister, enter into joint ventures with any person or organisation, or cause to be formed under the provisions of the Companies Act 1967 an incorporated company or companies for the purpose of carrying out any of the functions of the Council. [16/2016]


document_id: ssca-1973
provision_ref: s10
chapter: PART 3 - FUNCTIONS AND POWERS OF COUNCIL
section: 10
title: Directions by Minister
content:
10. —(1) The Minister may give to the Council any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (2) The Council must give the Minister any information with regard to its property and activities as the Minister may require.


document_id: ssca-1973
provision_ref: s11
chapter: PART 4 - TRANSFER TO COUNCIL OF UNDERTAKINGS, ETC.
section: 11
title: Transfer to Council of undertakings
content:
11. —(1) On 1 October 1973, all movable and immovable property vested in the National Sports Promotion Board or the National Stadium Corporation are vested in the Council without conveyance, transfer or assignment. (2) All rights, privileges, obligations and liabilities which immediately before 1 October 1973 were held, enjoyed or incurred by the National Sports Promotion Board or the National Stadium Corporation are deemed to be the rights, privileges, obligations and liabilities of the Council. (3) Where anything has been commenced by the National Sports Promotion Board or the National Stadium Corporation prior to 1 October 1973, that thing may be carried on and completed by the Council.


document_id: ssca-1973
provision_ref: s12
chapter: PART 4 - TRANSFER TO COUNCIL OF UNDERTAKINGS, ETC.
section: 12
title: Secondment and transfer of Government employees
content:
12. —(1) Every person in the service of the Government who immediately before 1 October 1973 was seconded to the National Sports Promotion Board or the National Stadium Corporation is deemed to be seconded to the service of the Council on the same terms and conditions as those governing his or her secondment to the National Sports Promotion Board or the National Stadium Corporation, as the case may be. (2) Every person mentioned in subsection (1) may be transferred to the service of the Council on such terms and conditions of service as may be agreed upon between the Government, the Council and the officer concerned.


document_id: ssca-1973
provision_ref: s13
chapter: PART 4 - TRANSFER TO COUNCIL OF UNDERTAKINGS, ETC.
section: 13
title: Transfer of non-Government employees
content:
13. Every person who immediately before 1 October 1973 was employed by the National Sports Promotion Board or the National Stadium Corporation is deemed without further appointment to be employed by the Council on the same terms and conditions as those governing his or her employment by the National Sports Promotion Board or the National Stadium Corporation, as the case may be.


document_id: ssca-1973
provision_ref: s14
chapter: PART 5 - PROVISIONS RELATING TO STAFF
section: 14
title: Chief Executive Officer
content:
14. —(1) The Chief Executive Officer is the chief executive of the Council, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Council may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive Officer during any period, or during all periods, when the Chief Executive Officer — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018]


document_id: ssca-1973
provision_ref: s15
chapter: PART 5 - PROVISIONS RELATING TO STAFF
section: 15
title: Staff and employees
content:
15. The Council may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, any other officers, employees, consultants and agents that may be necessary for the effective performance of its functions. [5/2018]


document_id: ssca-1973
provision_ref: s16
chapter: PART 5 - PROVISIONS RELATING TO STAFF
section: 16
title: Pension schemes, provident fund, etc.
content:
16. —(1) The Council may, with the approval of the Minister, make rules for the establishment of a scheme or schemes for the payment of pensions, gratuities, provident fund or other superannuation benefits to such employees or classes of employees of the Council as it may determine, or to their legal personal representatives or dependants, on the death or retirement of those employees from the service of the Council or on their otherwise leaving the service of the Council. (2) The following provisions apply to any scheme established under this section: ( a ) no assurance on the life of any contributor under any such scheme, and no moneys or other benefits payable under any such assurance, and no payment made under any such scheme to any person who has been employed by the Council, shall be assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim other than a debt due to the Council or to the Government; ( b ) no donation by the Council or contribution by its officers and employees made under any such scheme and no interest on such donation or contribution shall be assignable or transferable or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim other than a debt due to the Council or to the Government; ( c ) no such donation, contribution or interest shall be subject to the debts of the contributor, nor shall such donation, contribution or interest pass to the Official Assignee on the bankruptcy of the contributor, but, if the contributor is adjudicated a bankrupt or is declared insolvent by a court, such donation, contribution or interest shall, subject to the provisions of this Act, be deemed to be subject to a trust in favour of the persons entitled thereto on the death of the contributor; ( d ) the bankruptcy of a contributor shall not affect the making of deductions from the salary of the contributor in accordance with any such scheme, but the deductions shall continue to be made despite the provisions of any written law, and the portion of salary so deducted shall not be deemed to form part of his or her after‑acquired property; ( e ) subject to the provisions of any such scheme, all moneys paid or payable under any such scheme on the death of a contributor shall be deemed to be subject to a trust in favour of the persons entitled thereto under the will or intestacy of the deceased contributor, or under a nomination in such form as may be prescribed in such scheme, and shall not be deemed to form part of his or her estate or be subject to the payment of his or her debts but shall be deemed to be property passing on his or her death for the purposes of the Estate Duty Act 1929; ( f ) any contributor may, by a memorandum under his or her hand, appoint a trustee or trustees of the moneys payable on his or her death out of any such scheme and may make provision for the appointment of a new trustee or new trustees of the moneys and for the investment of the moneys; and the memorandum shall be in the form prescribed in such scheme and shall be deposited with the Council; ( g ) if at the time of the death of any contributor or at any time afterwards, there is no trustee of the moneys or it is expedient to appoint a new trustee or new trustees, then and in any such case a trustee or trustees or a new trustee or new trustees may be appointed by the Supreme Court; ( h ) the receipt of a trustee or trustees duly appointed or, in default of any such appointment and of written notice thereof to the Council, the receipt of the legal personal representative of a deceased contributor shall be a discharge to the Council for any moneys payable on his or her death out of any such scheme. (3) The Council in making, under subsection (1), any pension, provident fund or other superannuation rules which affect any person transferred to the service of the Council under section 12 must, in such rules, provide for the payment to that person or his or her dependants of benefits not less in value than the amount of any pension, provident fund, gratuity or allowance for which the person or his or her dependants would have been eligible under the Pensions Act 1956, had he or she continued to be in the service of the Government and any such pension, provident fund or superannuation rules relating to length of service of the person must provide for the recognition as service under the Council of service by him or her under the Government. (4) Nothing in any rules made under subsection (1) adversely affects any condition that would have been applicable to persons transferred to the service of the Council from their service with the Government under section 12 as regards any pension, gratuity or allowance under the Pensions Act 1956. (5) Where any person in the service of the Council, whose case does not come within the scope and effect of any pension or other scheme established under this section, retires or dies in the service of the Council or is discharged from such service, the Council may grant to him or her or to such other person or persons wholly or partly dependent on him or her, as the Council may think fit, such allowance or gratuity as the Council may determine. (6) In every case of a person being transferred to the service of the Council under section 12, the Government shall be liable to pay to the Council such portion of any gratuity, pension or allowance payable to that person on his or her retirement as the same shall bear to the proportion which the aggregate amount of his or her pensionable emoluments during his or her service with the Government bears to the aggregate amount of his or her pensionable emoluments during his or her service under both the Government and the Council.


document_id: ssca-1973
provision_ref: s17
chapter: PART 5 - PROVISIONS RELATING TO STAFF
section: 17
title: No entitlement in respect of abolition or re-organisation of office
content:
17. Despite the provisions of the Pensions Act 1956, no person who is transferred to the service of the Council under section 12 is entitled to claim any benefits under that Act on the ground that he or she has been retired from the service of the Government on account of abolition or re‑organisation of office. 18. [ Repealed by Act 5 of 2018 ]


document_id: ssca-1973
provision_ref: s19
chapter: PART 6 - FINANCIAL PROVISIONS
section: 19
title: Funds and property of Council
content:
19. The funds and property of the Council consist of — ( a ) all moneys and property which are vested in the Council by section 11; ( b ) all moneys paid to the Council by way of donations, contributions, fees, subscriptions, rents and interest; ( c ) loans or grants made to the Council by the Government or any person; ( d ) subventions and contributions from Singapore Pools (Private) Limited; and ( e ) all moneys and property which may be payable to or vested in the Council in the course of the discharge of its functions.


document_id: ssca-1973
provision_ref: s20
chapter: PART 6 - FINANCIAL PROVISIONS
section: 20
title: Borrowing powers
content:
20. —(1) The Council may raise loans — ( a ) from the Government; ( b ) with the approval in writing of the Minister, from any person, and for the purpose of securing such loans may mortgage, charge, or pledge any right, title, estate or interest in any of its property; or ( c ) with the approval in writing of the Minister, by the creation and issue of debentures or bonds. (2) The Council may borrow, by way of overdraft from a bank or otherwise, any sum which it may temporarily require — ( a ) for the purpose of defraying expenses pending the receipt of revenues receivable by it in respect of the period of account in which those expenses are chargeable; or ( b ) for the purpose of defraying, pending the receipt of money due in respect of any loan raised under subsection (1), expenses intended to be defrayed by such loan.


document_id: ssca-1973
provision_ref: s20A
chapter: PART 6 - FINANCIAL PROVISIONS
section: 20A
title: Issue of shares, etc.
content:
20A. As a consequence of — ( a ) the vesting of any property, rights or liabilities of the Government in the Council under this Act; or ( b ) any capital injection or other investment by the Government in the Council in accordance with any written law, the Council must issue such shares or other securities to the Minister for Finance as that Minister may direct.


document_id: ssca-1973
provision_ref: s21
chapter: PART 6 - FINANCIAL PROVISIONS
section: 21
title: Moneys of Council
content:
21. —(1) The Council must open and maintain such accounts with a bank or banks as it considers necessary. (2) The moneys and property of the Council must be applied solely for the purpose of making payments in or in connection with the performance of its functions, powers and duties under this Act, and no portion thereof may be paid or transferred directly or indirectly by way of dividend, bonus or otherwise by way of profit to its members. (3) The Council may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.


document_id: ssca-1973
provision_ref: s23
chapter: PART 7 - MISCELLANEOUS
section: 23
title: Protection from liability for bona fide acts
content:
23. No matter or thing done and no contract of any kind entered into by the Council and no matter or thing done by any member or employee of the Council shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of carrying out the provisions of this Act, subject any such member or employee to any action, liability, claim or demand.


document_id: ssca-1973
provision_ref: s24
chapter: PART 7 - MISCELLANEOUS
section: 24
title: Regulations
content:
24. —(1) The Council may, with the approval of the Minister, make regulations with respect to all or any of the following matters: ( a ) prescribing the custody and use of the common seal of the Council; ( b ) prescribing the manner in which documents, cheques and instruments of any description must be signed or executed on behalf of the Council; ( c ) prescribing the manner and terms relating to the use of the National Stadium and other sports facilities and clubs under the control of the Council; ( d ) providing for the proper and efficient functioning of sports organisations; ( e ) generally for carrying out the purposes and provisions of this Act. [16/2016] (2) All regulations made under this Act must be published in the Gazette and must be presented to Parliament as soon as possible after publication.


document_id: ssdso-1959
provision_ref: s1
section: 1
title: Short title
content:
1. This Ordinance may be cited as the Secretary of the Synod of the Diocese of Singapore Ordinance 1959.


document_id: ssdso-1959
provision_ref: s2
section: 2
title: Secretary of the Synod of the Diocese of Singapore to be a body corporate
content:
2. —(1) The said Roland Keith Hudson and his successors from time to time in the office of the Secretary of the Synod of the Diocese of Singapore duly qualified as hereinafter provided shall be a body corporate (hereinafter called “the Corporation”) and shall have perpetual succession under the name of the Secretary of the Synod of the Diocese of Singapore and shall and may have and use a corporate seal. (2) The said seal may from time to time be broken, changed, altered and made anew as the Corporation thinks fit. (3) The Corporation may acquire, purchase, take, hold and enjoy movable and immovable property of every description and may sell, convey, assign, surrender and yield up, mortgage, demise, re‑assign, transfer or otherwise dispose of any movable and immovable property vested in the Corporation upon such terms as to the Standing Committee of the Synod of the Diocese of Singapore seem fit, and the minutes of the Standing Committee shall be sufficient evidence of such terms. (4) The Corporation may sue or be sued in respect of its property and otherwise in all courts of justice.


document_id: ssdso-1959
provision_ref: s3
section: 3
title: Use of corporate seal
content:
3. —(1) The seal of the Corporation shall not be fixed to any deed, document or other instrument except by the authority of a Resolution of the Standing Committee of the Synod of the Diocese of Singapore, and in the presence of a member of the Standing Committee duly authorised as witness in that resolution. (2) All deeds, documents and other instruments requiring the seal of the Corporation shall be sealed with the seal of the Corporation in the presence of the said Roland Keith Hudson or his attorney, duly authorised by a power of attorney deposited under section 48 of the Conveyancing and Law of Property Act 1886 or in the presence of his successor for the time being in the office of Secretary of the Synod of the Diocese of Singapore or his attorney duly authorised as aforesaid and shall also be signed by the said Roland Keith Hudson or his attorney or his said successor or his said attorney and the member of the Standing Committee duly authorised as witness. (3) Such signing shall be sufficient evidence that the said seal was duly and properly affixed and the said seal is the lawful seal of the Corporation.


document_id: ssdso-1959
provision_ref: s4
section: 4
title: Qualification of Secretary
content:
4. —(1) No successor of the said Roland Keith Hudson in the office of Secretary shall be deemed to be duly qualified as aforesaid unless and until he has caused an extract from the Minutes of the Synod appointing him such Secretary certified as correct by the Bishop of Singapore or in his absence a Commissary appointed by the Bishop or the Archbishop of Canterbury during a vacancy in the See of Singapore to be published in the Gazette . (2) Such publication shall be sufficient evidence of the appointment, and that the person named therein is duly qualified as by this Ordinance is required.


document_id: ssdso-1959
provision_ref: s5
section: 5
title: Vesting of property in the Corporation
content:
5. —(1) The Bishop of Singapore incorporated in whom are vested the lands hereditaments and premises specified in the Schedule to this Ordinance and all estates rights and interests therein is hereby divested of such lands hereditaments and premises and all estates rights and interests therein. (2) All lands hereditaments and premises specified in the Schedule to this Ordinance and all estates rights and interests therein are hereby vested in the Corporation as trustee for the Synod of the Diocese of Singapore for the respective estates, rights and interests for which the same are held, and the Corporation shall have full powers as such trustee to deal with the said property as provided in section 2 of this Ordinance.


document_id: ssdso-1959
provision_ref: s6
section: 6
title: Saving of Government and other rights
content:
6. Nothing in this Ordinance 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: ssfy2024a-2025
provision_ref: s3
section: 3
title: Supplementary supply from Consolidated Fund
content:
3. —(1) A further sum of not more than $3,883,986,000, not otherwise provided for by the Supply Act 2024, is authorised to be issued from the Consolidated Fund for FY 2024. (2) The sum in subsection (1) is appropriated for the Heads of Expenditure for the public service specified in the Schedule.


document_id: ssfy2024a-2025
provision_ref: s4
section: 4
title: Supplementary supply from Development Fund
content:
4. —(1) A further sum of not more than $376,273,500, not otherwise provided for by the Supply Act 2024, is authorised to be issued from the Development Fund for FY 2024. (2) The sum in subsection (1) is appropriated for development purposes under the Heads of Expenditure specified in the Schedule.


document_id: ssjtwaa-1928
provision_ref: s2
section: 2
title: Short title
content:
2. This Act may be cited as the Straits Settlements and Johore Territorial Waters (Agreement) Act 1928.


document_id: ssmio-1923
provision_ref: s2
section: 2
title: The Lady Superior in Penang of the Society of Saint Maur to be a body corporate
content:
2. The said Euphrasie Labordenave and her successors for the time being in the office of Lady Superior in Penang of the Society of Saint Maur appointed for Singapore and duly qualified as hereinafter provided shall be a body corporate (hereinafter called “the Corporation”), and shall have perpetual succession under the name of “The Lady Superior of the Convent of the Holy Infant Jesus”. [Act 7 of 2024 wef 25/03/2024]


document_id: ssmio-1923
provision_ref: s3
section: 3
title: Qualification of successor
content:
3. No successor of the said Euphrasie Labordenave in the office of Lady Superior in Penang of the Society of Saint Maur appointed for Singapore shall be deemed to be qualified as such successor unless and until her appointment as such Lady Superior has been notified to the Minister, and the same has been approved by him, and unless and until a notification of such approval has appeared in the Gazette . [Act 7 of 2024 wef 25/03/2024]


document_id: ssmio-1923
provision_ref: s4
section: 4
title: Evidence of appointment of successor
content:
4. A notification in the Gazette of the approval of an appointment of a person as Lady Superior in Penang of the Society of Saint Maur for Singapore shall be sufficient evidence that such person was duly appointed as such Lady Superior and is duly qualified as by this Ordinance is required. [Act 7 of 2024 wef 25/03/2024]


document_id: ssmio-1923
provision_ref: s5
section: 5
title: Corporate seal
content:
5. —(1) The Corporation may have and use a corporate seal which may from time to time be broken, changed, altered and made anew as to the Corporation seems fit. (2) All deeds, documents or other instruments requiring to be sealed with the seal of the Corporation shall be deemed to be duly sealed if such seal be affixed in the presence of the said Euphrasie Labordenave or other the Lady Superior in Penang of the Society of Saint Maur appointed for Singapore for the time being, or by her attorney duly authorised by a Power of Attorney deposited under section 48 of the Conveyancing and Law of Property Act 1886, and if each such deed, document or other instrument be signed by the said Euphrasie Labordenave or her successor for Singapore or her attorney so authorised as aforesaid, and such signing shall be and be taken as sufficient evidence that the seal of the Corporation was duly and properly affixed, and that the same is the lawful seal of the Corporation. [Act 7 of 2024 wef 25/03/2024] Powers of suing and being sued (3) The Corporation may sue and be sued in respect of its property or otherwise in all Courts of Justice. Powers of Corporation relative to property (4) The Corporation may acquire, purchase, take, hold and enjoy movable and immovable property of every description, and may sell, exchange, convey, assign, surrender and yield up, mortgage, demise, re-assign, transfer or otherwise dispose of any movable or immovable property so acquired, purchased, taken or held or otherwise vested in the Corporation upon such terms as to the Corporation shall seem fit. 6. [ Repealed by Act 7 of 2024 wef 25/03/2024 ]


document_id: ssmio-1923
provision_ref: s7
section: 7
title: Saving provision relating to change of name
content:
7. —(1) As from the date of publication in the Gazette of the Society of Saint Maur Incorporation (Amendment) Act 2024, any reference in any written law or document to the Corporation by the name “The Lady Superior of the Convent of the Holy Infant Jesus in Penang” is to be read as a reference to the Corporation by the name “The Lady Superior of the Convent of the Holy Infant Jesus”. (2) The change of name of the Corporation from “The Lady Superior of the Convent of the Holy Infant Jesus in Penang” to “The Lady Superior of the Convent of the Holy Infant Jesus” does not affect the identity of the Corporation or any rights or obligations of the Corporation or render defective any legal proceedings by or against the Corporation, and any legal proceedings that might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name. [Act 7 of 2024 wef 25/03/2024]


document_id: ssmio-1923
provision_ref: s8
section: 8
title: Saving of Government and other rights
content:
8. Nothing in this Ordinance shall affect the rights of the Government or of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, through, from or under them. [7/97]


document_id: sssa-2015
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “administrator” means the Board, or any public officer or public authority appointed under section 5(4) to assist the Board in administering the Scheme; “Board” means the Central Provident Fund Board constituted under section 3 of the Central Provident Fund Act 1953; “cash grant” means any cash grant made by the Government under the Scheme; “Commissioner” means the Commissioner for Silver Support appointed under section 4(1), and includes any Deputy Commissioner for Silver Support or Assistant Commissioner for Silver Support appointed under section 4(2); “eligible individual” means an individual who is eligible to receive any benefit under the Scheme; “investigator” means an officer or employee of the Board who is authorised under section 5(7) to conduct any investigation under this Act, and includes any person appointed under section 5(8) to assist the Board in conducting any investigation under this Act; “means information” means any information relating to the income or assets of any individual, or of a group of individuals who comprise a household, in the possession of any Government department or public authority; “permanent resident of Singapore” has the meaning given by section 2 of the Immigration Act 1959; [Act 31 of 2023 wef 01/12/2025] “public authority” means a body established or constituted by or under a public Act to perform or discharge a public function; “public scheme” means any scheme that — ( a ) is or will be established by or under any written law and administered by a public authority, or by the Government in any other manner; and ( b ) is to provide financial relief, assistance or support to citizens of Singapore or permanent residents of Singapore, or any part of them; [Act 31 of 2023 wef 31/12/2024] “Scheme” means the Silver Support Scheme established under section 5(1).


document_id: sssa-2015
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Purpose of Act
content:
3. The purpose of this Act is to ensure that citizens of Singapore who are elderly, and who satisfy certain eligibility criteria, will receive financial support through a social security scheme.


document_id: sssa-2015
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Administration of Act
content:
4. —(1) The Minister may in writing appoint a public officer to be the Commissioner for Silver Support. (2) The Minister may in writing — ( a ) appoint any public officer, or any employee of a public authority, to be a Deputy Commissioner for Silver Support; and ( b ) appoint any public officer, or any employee of a public authority, to be an Assistant Commissioner for Silver Support. (3) The Commissioner for Silver Support is responsible for the administration of this Act. (4) Subject to the directions of the Commissioner for Silver Support, every Deputy Commissioner for Silver Support and every Assistant Commissioner for Silver Support may perform the functions and exercise the powers of the Commissioner for Silver Support.


document_id: sssa-2015
provision_ref: s5
chapter: PART 2 - SILVER SUPPORT SCHEME
section: 5
title: Establishment of Silver Support Scheme
content:
5. —(1) There is established a social security scheme, known as the Silver Support Scheme, for the purpose of providing financial support to eligible individuals. (2) Subject to the directions of the Commissioner for Silver Support, the Board is to administer the Scheme, and enforce this Act, on behalf of the Government. (3) Subject to the provisions of this Act, where the Board administers the Scheme or enforces this Act on behalf of the Government — ( a ) the Board is to be regarded as fulfilling the purposes of the Central Provident Fund Act 1953, and the provisions of that Act are to apply to the Board in respect of the administration of the Scheme and the enforcement of this Act; and ( b ) the members, officers and employees of the Board, in relation to their administration of the Scheme and enforcement of this Act, are deemed to be public officers for the purposes of the Financial Procedure Act 1966, and section 20 of that Act is to apply (with such necessary modifications as may be prescribed) to them even though they are not or were not in the employment of the Government. (4) The Minister may appoint any public officer, or any public authority (other than the Board), to assist the Board in administering the Scheme, for instance, by disbursing or conferring any benefit under the Scheme. (5) The Minister must, as soon as practicable, cause to be published in the Gazette a notice of the appointment of every public officer or public authority appointed under subsection (4). (6) Subject to the provisions of this Act, where a public authority is appointed by the Minister under subsection (4) to assist the Board in administering the Scheme — ( a ) the functions and duties of the public authority under written law are to be regarded as including the administration of the Scheme; ( b ) the public authority is to be regarded as fulfilling the purposes of the Act constituting the public authority, and the provisions of that Act are to apply to the public authority in respect of the administration of the Scheme; and ( c ) the members, officers and employees of the public authority, in relation to their administration of the Scheme, are deemed to be public officers for the purposes of the Financial Procedure Act 1966, and section 20 of that Act is to apply (with such necessary modifications as may be prescribed) to them even though they are not or were not in the employment of the Government. (7) The Board may authorise any officer or employee of the Board to conduct any investigation under this Act. (8) The Minister may in writing appoint any person to assist the Board in conducting any investigation under this Act.


document_id: sssa-2015
provision_ref: s6
chapter: PART 2 - SILVER SUPPORT SCHEME
section: 6
title: Who is an eligible individual?
content:
6. —(1) In this Act, an eligible individual is an individual who — ( a ) is a citizen of Singapore; ( b ) has attained 65 years of age; and ( c ) satisfies all other eligibility criteria that may be prescribed. (2) For the purposes of subsection (1)( b ) — ( a ) an individual attains 65 years of age on the 65th anniversary of the date of that individual’s birth; ( b ) where an individual was born on 29 February, the 65th anniversary of the date of that individual’s birth is deemed to occur on 1 March; ( c ) where the day of the month in which an individual was born cannot be ascertained, that individual is deemed to be born on the first day of that month; and ( d ) where the month in which an individual was born cannot be ascertained, that individual is deemed to be born in January.


document_id: sssa-2015
provision_ref: s7
chapter: PART 2 - SILVER SUPPORT SCHEME
section: 7
title: Benefits
content:
7. —(1) An eligible individual is eligible to receive such benefits in such manner and of such amounts as may be prescribed. (2) For the purposes of subsection (1), different benefits, different methods of disbursing or conferring benefits and different amounts of benefits may be prescribed for different classes of eligible individuals.


document_id: sssa-2015
provision_ref: s8
chapter: PART 3 - ADMINISTRATION
section: 8
title: Provision of information for administration of Act or Scheme
content:
8. —(1) Where the Minister certifies in writing that it is necessary for an authorised person to have access to any particular class of means information in the possession of a Government department or public authority, in order to facilitate the administration or enforcement of this Act or the administration of the Scheme — ( a ) the Minister charged with the responsibility for that Government department or public authority may, in addition to any other power conferred by any written law, direct that Government department or public authority to provide to the authorised person so much of the means information as is necessary for that purpose; and ( b ) that Government department or public authority is to comply with the direction under paragraph ( a ), despite any other written law, and whether or not it is under any obligation (imposed by written law or otherwise) not to disclose such information. (2) Where the Minister certifies in writing that it is necessary for an information recipient to have access to any particular class of confidential information (other than means information) in the possession of a Government department or public authority, in order to facilitate the administration or enforcement of this Act or the administration of the Scheme — ( a ) the Minister charged with the responsibility for that Government department or public authority may, in addition to any other power conferred by any written law, direct that Government department or public authority to provide to the information recipient so much of the confidential information as is necessary for that purpose; and ( b ) that Government department or other public authority is to comply with the direction under paragraph ( a ), despite any other written law, and whether or not it is under any obligation (imposed by written law or otherwise) not to disclose such information. (3) If an individual opts out, in the manner determined by the Commissioner, from the application of subsection (1) to means information about the individual, then from the time an authorised person is notified that the individual has opted out, the authorised person must not — ( a ) access any means information about the individual obtained under that subsection; or ( b ) use or disclose under section 9 any such means information that the authorised person had previously accessed, except with the consent of that individual. (4) Despite the provisions of this Act or any other written law, but subject to subsection (3) — ( a ) a person is not guilty of an offence under any written law or of any breach of confidence, and does not incur any other civil liability, by virtue merely of the person disclosing any information in accordance with any direction under subsection (1)( a ) or (2)( a ); ( b ) an authorised person (being an officer of an information recipient) is not guilty of an offence under any written law or of any breach of confidence, and does not incur any other civil liability, by virtue merely of the authorised person (acting in good faith and with reasonable care) accessing, or disclosing to another authorised person (being an officer of the same information recipient), any means information obtained under subsection (1) in the performance of the authorised person’s duties connected with the administration or enforcement of this Act or the administration of the Scheme; and ( c ) an officer of an information recipient is not guilty of an offence under any written law or of any breach of confidence, and does not incur any other civil liability, by virtue merely of the officer (acting in good faith and with reasonable care) accessing, or disclosing to another officer of the same information recipient, any confidential information obtained under subsection (2) in the performance of the officer’s duties connected with the administration or enforcement of this Act or the administration of the Scheme. (5) A direction under subsection (1)( a ) or (2)( a ) may be given on such terms and conditions (regarding access to the information provided pursuant to the direction) as the Minister giving the direction considers appropriate. (6) Any person who does any act in contravention of subsection (3) 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. (7) In this section — “authorised person” means — ( a ) the Commissioner; or ( b ) any other officer of an information recipient who is authorised by the Minister to have access to means information obtained under subsection (1); “information recipient” means the Commissioner, the Board or an administrator; “officer”, in relation to an information recipient, means — ( a ) in any case where the information recipient is a Commissioner who is a public officer, the Commissioner or any public officer acting under the Commissioner’s direction; ( b ) in any case where the information recipient is a Commissioner who is an employee of a public authority, the Commissioner or any employee of the same public authority acting under the Commissioner’s direction; ( c ) in any case where the information recipient is the Board, any member, officer or employee of the Board; ( d ) in any case where the information recipient is an administrator who is a public officer, the administrator and any public officer acting under the administrator’s direction; and ( e ) in any case where the information recipient is an administrator which is a public authority (other than the Board), any member, officer or employee of the administrator.


document_id: sssa-2015
provision_ref: s9
chapter: PART 3 - ADMINISTRATION
section: 9
title: Use of information
content:
9. —(1) This section applies to the Commissioner, the Board, an administrator, any public officer (or employee of a public authority) acting under the Commissioner’s direction, any public officer acting under the direction of an administrator (being a public officer), and any member, officer or employee of the Board or of an administrator (being a public authority other than the Board). (2) The use or disclosure of means information obtained under section 8(1), or of confidential information (other than means information) obtained under section 8(2), without the consent of the individual to whom the information relates, is authorised only if the purpose of the use or disclosure is to communicate or manage the information as part of — ( a ) the administration or enforcement of this Act; or ( b ) the administration of the Scheme. (3) Despite subsection (2), the Commissioner, the Board or an administrator may provide information derived from means information obtained under section 8(1), or from confidential information (other than means information) obtained under section 8(2), to a public officer, a public authority or any other person or organisation, for the development or implementation of any public scheme that may be prescribed for the purposes of this subsection — ( a ) only at the request of the public officer, public authority, person or organisation (as the case may be) and with the approval of the Minister; and ( b ) only in the form of a report stating — (i) whether an individual satisfies the eligibility criteria for receiving any benefit under the Scheme; and (ii) the description and amount of each benefit that the individual is eligible to receive or has received under the Scheme up to the date on which the report is made. (4) An approval under subsection (3)( a ) may be given on such terms and conditions (regarding access to the information provided pursuant to the approval) as the Minister considers appropriate. (5) If an individual opts out, in the manner determined by the Commissioner, from the provision of a report about the individual mentioned in subsection (3)( b ), then from the time the Commissioner, the Board or an administrator is notified that the individual has opted out, except with the consent of the individual, the Commissioner, the Board or the administrator (as the case may be) must not provide any such report about the individual. (6) The Board may use to administer the Scheme so much of the means information and other confidential information obtained by the Board (whether before, on or after 18 January 2016) in the course of performing the Board’s duties under the Central Provident Fund Act 1953 as the Minister approves to be used for such purpose. (7) Any person who does any act in contravention of subsection (2), (3) or (5) 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.


document_id: sssa-2015
provision_ref: s10
chapter: PART 3 - ADMINISTRATION
section: 10
title: Recovery of sums overpaid, etc.
content:
10. —(1) If any benefit under the Scheme is disbursed as a cash grant, and — ( a ) the recipient — (i) is not an eligible individual; or (ii) is an eligible individual, but is not eligible for that cash grant; or ( b ) the amount paid is in excess of the amount the recipient is eligible to receive by way of that cash grant, the amount paid or paid in excess (as the case may be) is recoverable from the recipient as a debt due to the Government. (2) If any individual (whether or not an eligible individual) obtains any cash grant or other benefit under the Scheme — ( a ) by knowingly or recklessly making any false or misleading statement; or ( b ) by producing or providing, or causing to be produced or provided, any document which the individual knows, or ought reasonably to know, is false in a material particular, the amount of the cash grant or other benefit so obtained is recoverable from the individual as a debt due to the Government. (3) An administrator may recover on behalf of the Government the amount due to the Government under subsection (1) or (2), by set‑off or otherwise, from — ( a ) any cash grant or other benefit which the recipient in subsection (1) or individual in subsection (2) (as the case may be) is eligible to receive under the Scheme; and ( b ) any other sum that is payable to that recipient or individual by the administrator.


document_id: sssa-2015
provision_ref: s11
chapter: PART 4 - MISCELLANEOUS
section: 11
title: Obtaining benefit through false or misleading statements, etc.
content:
11. —(1) A person — ( a ) who — (i) knowingly or recklessly makes any false or misleading statement; or (ii) produces or provides, or causes to be produced or provided, any document which the person knows, or ought reasonably to know, is false in a material particular; and ( b ) who, with the intention of dishonestly inducing another person to accept the statement or document as genuine, dishonestly obtains any cash grant or other benefit under the Scheme, 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. (2) Subsection (1) does not affect any right of recovery under section 10.


document_id: sssa-2015
provision_ref: s12
chapter: PART 4 - MISCELLANEOUS
section: 12
title: Recovery of cash grant, etc., upon conviction
content:
12. Where — ( a ) a person has received any cash grant or other benefit under the Scheme; and ( b ) the person is convicted of an offence under this Act in connection with the cash grant or other benefit, the court before which the conviction is had may, in addition to imposing any penalty prescribed for the offence, order that the person pay to an administrator the amount certified by the administrator to be recoverable from the person, as at the date of the conviction, in respect of the cash grant or other benefit.


document_id: sssa-2015
provision_ref: s13
chapter: PART 4 - MISCELLANEOUS
section: 13
title: Certificate on amount of cash grant, etc.
content:
13. In any proceedings before any court, tribunal or authority (including any proceedings for the recovery of any cash grant or other benefit under the Scheme), a certificate purporting to be issued by an administrator certifying — ( a ) the amount of any cash grant or other benefit under the Scheme received by any person as at any date; or ( b ) the amount recoverable from any person as at any date in respect of any cash grant or other benefit under the Scheme received by that person, is prima facie evidence that the amount so stated was received by that person or is recoverable from that person (as the case may be) as at that date.


document_id: sssa-2015
provision_ref: s14
chapter: PART 4 - MISCELLANEOUS
section: 14
title: Power to obtain information
content:
14. —(1) The Commissioner may, for the purpose of reviewing the administration of the Scheme or the disbursement or conferment of any benefit under the Scheme, or an investigator may, for the purpose of conducting any investigation under this Act — ( a ) by written notice require any person to attend at such reasonable time and at such place as may be specified by the Commissioner or investigator (as the case may be) to answer any question or to provide a signed statement in writing concerning the disbursement or conferment of any benefit under the Scheme; ( b ) require any person — (i) to provide any information within the person’s knowledge; or (ii) to produce for inspection any document or record in the person’s possession, that the Commissioner or investigator (as the case may be) believes on reasonable grounds to be connected with the disbursement or conferment of any benefit under the Scheme; and ( c ) retain the original of any document or record that the Commissioner or investigator (as the case may be) believes on reasonable grounds to be connected with the disbursement or conferment of any benefit under the Scheme, or make or cause to be made, without payment, copies of or extracts from that document or record. (2) Where any document or record required by the Commissioner or an investigator is kept in electronic form, then — ( a ) the power of the Commissioner or investigator (as the case may be) to require that document or record to be produced for inspection under subsection (1)( b )(ii) includes the power to require that document or record to be produced for inspection in legible form; and ( b ) subsection (1)( c ) applies to any copy of that document or record so made available. (3) Any copy of or extract from any document or record made under subsection (1)( c ) and certified as such by the Commissioner or an investigator is admissible as evidence in any proceedings under this Act. (4) Any person who, when required by the Commissioner or an investigator under subsection (1)( b ) to provide any information or produce any document or record, refuses or fails, without reasonable excuse, to do so within the time allowed by the Commissioner or investigator (as the case may be) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: sssa-2015
provision_ref: s15
chapter: PART 4 - MISCELLANEOUS
section: 15
title: Obstructing Commissioner or investigator in execution of duties
content:
15. Any person who, without reasonable excuse, obstructs, hinders or impedes the Commissioner or an investigator in the performance or execution of a duty or anything which the Commissioner or investigator (as the case may be) is authorised, empowered or required to do under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: sssa-2015
provision_ref: s16
chapter: PART 4 - MISCELLANEOUS
section: 16
title: Offences by bodies corporate, etc.
content:
16. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) is to apply in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such an officer or 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. (5) In this section — “body corporate” includes a limited liability partnership as defined in section 2(1) of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the board of management, chief executive, manager, secretary or other similar officer of the body corporate, and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee, and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner.


document_id: sssa-2015
provision_ref: s17
chapter: PART 4 - MISCELLANEOUS
section: 17
title: Composition of offences
content:
17. —(1) The Board, or an officer or employee of the Board who is authorised by the Board in writing, 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 ) $1,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund.


document_id: sssa-2015
provision_ref: s18
chapter: PART 4 - MISCELLANEOUS
section: 18
title: Conduct of prosecutions
content:
18. Proceedings in respect of any offence under this Act may, with the authorisation of the Public Prosecutor, be conducted by an officer or employee of the Board who is authorised by the Board in writing to conduct such proceedings.


document_id: sssa-2015
provision_ref: s19
chapter: PART 4 - MISCELLANEOUS
section: 19
title: Protection from personal liability
content:
19. —(1) No liability is to lie personally against any of the following individuals who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act: ( a ) the Commissioner for Silver Support; ( b ) any Deputy Commissioner for Silver Support; ( c ) any Assistant Commissioner for Silver Support; ( d ) any public officer (or employee of a public authority) acting under the Commissioner’s direction; ( e ) any member, officer or employee of the Board; ( f ) any investigator. (2) Where an administrator is a public officer, no liability is to lie personally against the administrator, or any public officer acting under the administrator’s direction, who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act. (3) Where an administrator is a public authority (other than the Board), no liability is to lie personally against any member, officer or employee of the administrator who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act. (4) To avoid doubt, this section does not exclude any liability under section 20 of the Financial Procedure Act 1966 or under section 8(6) or 9(7).


document_id: sssa-2015
provision_ref: s20
chapter: PART 4 - MISCELLANEOUS
section: 20
title: Regulations
content:
20. —(1) The Minister may make regulations for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters: ( a ) the benefits under the Scheme, including different amounts of benefits for different classes of eligible individuals; ( b ) the method and manner of disbursing or conferring each benefit under the Scheme by an administrator; ( c ) the terms and conditions for each benefit under the Scheme; ( d ) the assessment by an administrator of an individual’s eligibility for any benefit under the Scheme, and of the amount of the benefit payable to the individual; ( e ) the review by the Commissioner of any assessment referred to in paragraph ( d ), and the time within which the application for the review must be made; ( f ) how any administrator appointed under section 5(4) may assist the Board in administering the Scheme, including different roles for different administrators or classes of administrators appointed under section 5(4); ( g ) how any investigator appointed under section 5(8) may assist the Board in conducting any investigation under this Act; ( h ) the fees to be paid for any thing or matter done or to be done under this Act in respect of which it appears to the Minister to be expedient to charge fees; ( i ) anything that is required or permitted to be prescribed under this Act. (3) The regulations made under this section may provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $2,000 or with imprisonment for a term not exceeding 12 months or with both. (4) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: stba-1963
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act — “associate member” means an associate member of the Board appointed under section 6; “berth slot” means a specific time on a specific date during which a ship may be berthed at a cruise terminal; [Act 28 of 2022 wef 01/04/2023] “berthing framework” means the requirements or framework established by the Controller to govern the ability of cruise terminal licensees to allocate or refuse to allocate at their respective cruise terminals any berth slot for any ship (whether or not a cruise ship) calling in Singapore, including any matter relating to — ( a ) the prioritisation of berth slots at a cruise terminal, and the re-allocation of berth bookings between different cruise terminals; ( b ) the requirements and processes for managing berth bookings; ( c ) the rejection of berth bookings from a cruise line that has unpaid fees and charges payable to a cruise terminal licensee where the fees and charges are required to be imposed by the cruise terminal licensee under section 29P; ( d ) the grant of any preferential berthing arrangement to any cruise line, and the conditions of the grant; and ( e ) the use of facilities, resources or technology (such as a common berth booking system) shared between a cruise terminal licensee and — (i) any other cruise terminal licensee; or (ii) any public authority, and includes any modification made for a particular cruise terminal licensee under section 29I(2)( d ); [Act 28 of 2022 wef 01/04/2023] “Board” means the Singapore Tourism Board established under section 3; “business trust” has the meaning given by section 2 of the Business Trusts Act 2004; [Act 28 of 2022 wef 01/04/2023] “Chairperson” means the Chairperson of the Board; “Chief Executive” means the Chief Executive of the Board, and includes any individual acting in that capacity; “committee member” means a member of any committee appointed under section 13(1); “company” has the meaning given by section 4(1) of the Companies Act 1967; [Act 28 of 2022 wef 01/04/2023] “Controller” means the Controller of Cruise Administration appointed under section 29(1), and includes (except in section 29(2)) any Deputy Controller appointed under section 29(1); [Act 28 of 2022 wef 01/04/2023] “corporation” has the meaning given by section 4(1) of the Companies Act 1967; [Act 28 of 2022 wef 01/04/2023] “cruise line” means any entity offering the services of and operating one or more cruise ships; [Act 28 of 2022 wef 01/04/2023] “cruise port services and facilities” means the services and facilities provided at a cruise terminal connected with or incidental to — ( a ) the berthing of cruise ships; ( b ) the embarkation of passengers and crew onto a cruise ship and their departure from Singapore on board the cruise ship; and ( c ) the disembarkation of passengers and crew from a cruise ship and their entry into Singapore from the cruise ship, including the services and facilities for any of the following: ( d ) the provisioning of cruise ships while berthed; ( e ) the checking-in and screening of the passengers and crew, and the handling, screening and storage of baggage and cargoes; ( f ) the operation of customs, immigration and quarantine checks and control; ( g ) the movement of the passengers, crew and other persons on and off cruise ships while berthed; ( h ) the operation of security and police services; ( i ) the maintenance and refueling of cruise ships while berthed, and waste disposal; ( j ) the sale and collection of duty-free items or any other goods; ( k ) the parking of vehicles, and other transport related services and facilities; [Act 28 of 2022 wef 01/04/2023] “cruise ship” means a ship that — ( a ) is primarily used to provide voyages for on-board leisure or recreation, any part of which is on the high seas; ( b ) has on-board accommodation, dining and other facilities for the purposes of on-board leisure or recreation; and ( c ) has any other characteristic that the Minister may by notification in the Gazette declare, including any characteristic relating to or concerning one or more of the following: (i) the tonnage of the ship; (ii) the carrying capacity of the ship (whether in relation to passengers, crew or cargo); (iii) the duration, routes and frequency of voyages undertaken by the ship; (iv) the ports at which the ship calls on any voyage; (v) the proportion which the area on the ship for any one or more leisure or recreational activities bears to the area on the ship for any one or more other leisure or recreational activities; (vi) the primary purpose for which the ship undertakes any of its voyages, but does not include — ( d ) any ferry or similar ship used solely for the transport on the high seas of any or any combination of passengers, vehicles and cargoes; and ( e ) any ship where the ship or any voyage undertaken by the ship has any characteristic that the Minister may by notification in the Gazette declare; [Act 28 of 2022 wef 01/04/2023] “cruise terminal” means any site comprising terminal buildings, berths, connecting roads and pedestrian walkways, and other associated infrastructure, for use principally in connection with — ( a ) the berthing of cruise ships; ( b ) the embarkation of passengers and crew onto a cruise ship and their departure from Singapore on board the cruise ship; and ( c ) the disembarkation of passengers and crew from a cruise ship and their entry into Singapore from the cruise ship; [Act 28 of 2022 wef 01/04/2023] “cruise terminal licence” means a licence granted under section 29B, and includes a cruise terminal licence which a person is treated as having under section 29C pursuant to an in-principle approval; [Act 28 of 2022 wef 01/04/2023] “cruise terminal licensee”, in relation to a cruise terminal, means the holder of the cruise terminal licence for that cruise terminal, or the holder of an in-principle approval treated as a cruise terminal licence under section 29C for that cruise terminal; [Act 28 of 2022 wef 01/04/2023] “financial year” means a period of 12 months beginning on 1 April; “Fund” means the Tourism Fund established under section 17; “inspecting officer” means any person appointed as an inspecting officer under section 11(2); “limited liability partnership” has the meaning given by section 4(1) of the Limited Liability Partnerships Act 2005; [Act 28 of 2022 wef 01/04/2023] “limited partnership” means a limited partnership registered under the Limited Partnerships Act 2008; [Act 28 of 2022 wef 01/04/2023] “Maritime and Port Authority of Singapore” means the Maritime and Port Authority of Singapore established under the Maritime and Port Authority of Singapore Act 1996; [Act 28 of 2022 wef 01/04/2023] “member” means a member of the Board appointed under section 5; “operate”, in relation to a cruise terminal, includes managing, maintaining or otherwise exercising control over the operation of, the cruise terminal; [Act 28 of 2022 wef 01/04/2023] “regulatory action” means — ( a ) in relation to a licensee in Part 3A — any action in section 28(1) or (2) that the Board may take against the licensee; and ( b ) in relation to a cruise terminal licensee in Part 3AA — any action in section 29G(1)( j ) to ( m ) that the Controller may take against the licensee; [Act 28 of 2022 wef 01/04/2023] “ship” has the meaning given by section 2(1) of the Merchant Shipping Act 1995; [Act 28 of 2022 wef 01/04/2023] “tourism enterprise” means all or any of the following: ( a ) any business which, either wholly or in part, provides national or international carriage for passengers; [Act 28 of 2022 wef 01/01/2023] ( aa ) any business which, either wholly or in part, operates any cruise terminal; [Act 28 of 2022 wef 01/04/2023] ( b ) any business which, either wholly or in part, provides or arranges services for visitors to Singapore by way of transport, accommodation, entertainment, wellness activities or events, dining, retail, tours or guides, whether or not such services are provided within or outside Singapore; [Act 28 of 2022 wef 01/01/2023] ( c ) any business which, either wholly or in part, promotes tourism in Singapore or distributes for the purpose of trade or retails tourism-related products; [Act 28 of 2022 wef 01/01/2023] ( d ) any other undertaking intended wholly or in part for the benefit of visitors to Singapore, or for the purpose of drawing visitors to Singapore, including any of the following: (i) organising or conducting, or otherwise participating in, any convention, exhibition, show, fair or event (whether for business, entertainment, artistic or sporting pursuit, or otherwise); (ii) managing or maintaining any museum, theme park or other attraction; (iii) conducting any publicity campaign; [Act 28 of 2022 wef 01/01/2023] “tourism-related product” means any product, primarily intended for sale to visitors to Singapore, that — ( a ) depicts any scenery or tourist attraction of Singapore; ( b ) bears the Merlion symbol, a representation of which is set out in the Schedule; or ( c ) has any other characteristic that the Minister may, by notification in the Gazette , declare; [7/2014; 5/2018] [Act 28 of 2022 wef 01/04/2023] “trustee-manager”, “unit” and “unitholder” have the meanings given by section 2 of the Business Trusts Act 2004; [Act 28 of 2022 wef 01/04/2023] “unregistered company” has the meaning given by section 245 of the Insolvency, Restructuring and Dissolution Act 2018. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 3
title: Establishment of Singapore Tourism Board
content:
3. —(1) A body called the Singapore Tourism Board is established in accordance with the provisions of this Act. (2) The Board is a body corporate with perpetual succession and a common seal with power, subject to the provisions of this Act — ( a ) to acquire and dispose of property, both movable and immovable; ( b ) to sue and be sued in its corporate name; and ( c ) to perform such other acts as bodies corporate may by law perform.


document_id: stba-1963
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 4
title: Chairperson of Board
content:
4. —(1) The Minister must appoint a person (other than the Chief Executive) as the Chairperson of the Board. (2) Subject to the provisions of this Act, the Chairperson holds office for the period and on the terms determined by the Minister, unless the appointment is earlier revoked by the Minister under section 5(7) or the person so appointed resigns during the person’s period of office. [Act 28 of 2022 wef 01/01/2023]


document_id: stba-1963
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 5
title: Constitution of Board
content:
5. —(1) The Board consists of — ( a ) the Chairperson; ( b ) the Chief Executive; and ( c ) at least 5 and not more than 12 other members to be appointed by the Minister. [Act 28 of 2022 wef 01/01/2023] (2) A person appointed by the Minister as a member of the Board under subsection (1)( c ) holds office for the period and on the terms determined by the Minister for that person, unless the person’s appointment is earlier revoked by the Minister under subsection (7) or the person resigns during the person’s period of office. [Act 28 of 2022 wef 01/01/2023] (3) The Minister may appoint a member of the Board who is not the Chairperson or the Chief Executive, to be Deputy Chairperson of the Board. [Act 28 of 2022 wef 01/01/2023] (4) The Deputy Chairperson has and may exercise all the functions and powers of the Chairperson in relation to a matter if — ( a ) the Chairperson is unavailable; or ( b ) the Chairperson is interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter. [Act 28 of 2022 wef 01/01/2023] (4A) The Chairperson or Deputy Chairperson presiding at a meeting of the Board has an original as well as a casting vote. [Act 28 of 2022 wef 01/01/2023] (5) A member of the Board must not, in any meeting of the Board, participate in any discussion relating to, and must not vote in respect of, any contract, business or other matter in which he or she is interested, and if he or she does so his or her vote must not be counted. (6) The members of the Board are to be paid out of the funds of the Board such salaries, fees or allowances as the Minister may determine. (7) The Minister may at any time revoke the appointment of the Chairperson or of any other member of the Board.


document_id: stba-1963
provision_ref: s6
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 6
title: Associate members
content:
6. —(1) The Board may appoint a person carrying on any business in Singapore to be an associate member of the Board. (2) An associate member must — ( a ) be granted an emblem and a certificate to be prescribed by the Board in recognition of his or her associate membership; ( b ) maintain high standards at all times in the conduct of his or her business for the promotion of the tourist trade in Singapore; ( c ) comply with all regulations made by the Board; and ( d ) pay to the Board any fee that the Board may prescribe. (3) The Board may at any time revoke the appointment of a person as an associate member. (4) A person who is not an associate member must not use the emblem and certificate mentioned in subsection (2)( a ). (5) A person must not use any emblem, title or description reasonably calculated to suggest that he or she is an associate member unless he or she is in fact an associate member. (6) Any person who contravenes subsection (4) or (5) 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 2 years or to both.


document_id: stba-1963
provision_ref: s7
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF BOARD
section: 7
title: Functions of Board
content:
7. —(1) The functions of the Board are — ( a ) to develop and promote Singapore as a travel and tourist destination; ( b ) to advise the Government on matters relating to travel and tourism; ( c ) to enhance the travel and tourism sector’s contribution to the Singapore economy; [Act 28 of 2022 wef 01/04/2023] ( ca ) to create an economic regulatory framework to regulate persons operating cruise terminals with respect to any matter pertaining to the efficient, reliable and economical operation of cruise terminals, including (but not limited to) the following: (i) berthing allocations at cruise terminals; (ii) the price charged by such persons for any cruise port services and facilities; (iii) the operational efficiency of, and the quality of the experience of users and visitors at, cruise terminals including through the timely and seamless delivery or provision of cruise port services and facilities; [Act 28 of 2022 wef 01/04/2023] ( cb ) to operate any cruise terminal in Singapore (including through an agent); and [Act 28 of 2022 wef 01/04/2023] ( d ) to exercise licensing and regulatory functions in respect of any tourism enterprises that the Board may determine. (2) In addition to the functions of the Board under subsection (1), the Board may undertake any other functions that the Minister may assign to the Board and in so doing the Board is deemed to be fulfilling the purposes of this Act, and the provisions of this Act apply to the Board in respect of such functions. (3) Nothing in this section is to be construed as imposing on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.


document_id: stba-1963
provision_ref: s8
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF BOARD
section: 8
title: Powers of Board
content:
8. —(1) Subject to this Act, the Board may carry on any activities that appear to the Board to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its functions and duties under this Act and, in particular, the Board may exercise the following powers: ( a ) to act as an agent for the Government or, with the approval of the Minister, for any person, body or organisation for the transaction of any business connected with any tourism enterprise, whether such person, body, organisation or tourism enterprise is within or outside Singapore; [Act 28 of 2022 wef 01/01/2023] ( b ) to engage in, assist in or promote the improvement or development of facilities for visitors to Singapore and the experience of visitors in travelling to and while in Singapore (including by safeguarding the wellbeing of the visitors while in Singapore), and generally to develop and promote Singapore as a travel and tourist destination of quality, standing and repute; [Act 28 of 2022 wef 01/01/2023] ( c ) to secure overseas publicity for the tourist attractions in Singapore and tourism projects outside Singapore in which Singapore has an interest; ( d ) to coordinate the activities of persons within or outside Singapore, providing services for visitors to Singapore; [Act 28 of 2022 wef 01/01/2023] ( e ) to regulate standards to be maintained by any tourism enterprises that the Board may determine; ( f ) to license any class or classes of tourism enterprises that the Board may determine; [Act 28 of 2022 wef 01/01/2023] ( g ) to acquire, take on lease, hire, hold and enjoy movable and immovable property and to convey, assign, surrender, charge, mortgage, demise, transfer or otherwise dispose of, or deal with, any movable or immovable property belonging to the Board upon any terms that the Board considers fit; ( h ) to provide any grant or subsidy, any loan or advance, any stipend, or any other financial support to any person carrying on a tourism enterprise within or outside Singapore, on the conditions determined by the Board; [Act 28 of 2022 wef 01/01/2023] ( ha ) where a tourism enterprise undertakes any matter for any of the following purposes: (i) to develop and promote Singapore as a travel and tourist destination; (ii) to enhance the travel and tourism sector’s contribution to the Singapore economy, (whether the tourism enterprise or matter is within or outside Singapore), with the approval of the Minister, to provide any guarantee, indemnity or other security for any obligation or liability of the tourism enterprise in connection with that matter; [Act 28 of 2022 wef 01/01/2023] ( i ) to enter into any contract or agreement for carrying out the purposes of this Act; ( j ) to receive, in consideration of the services rendered by the Board, such commission or payment as may be agreed upon; ( k ) to exercise all powers and perform all duties which, under any other written law, are or may be or become vested in or delegated to the Board; ( l ) with the approval of the Minister, to make rules for the establishment of any scheme for the payment of pensions, gratuities, provident fund or other superannuation benefits to such employees or classes of employees or former employees of the Board as the Board may determine, on their death or retirement from the service of the Board or on their otherwise leaving the service of the Board; ( m ) to carry on the business of providing transport facilities for persons visiting tourist attractions in Singapore; ( n ) to invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965; ( o ) with the approval of the Minister, to subscribe for or acquire any stock, share, bond, debenture or other financial instrument in any company carrying on a tourism enterprise within or outside Singapore; [Act 28 of 2022 wef 01/01/2023] ( p ) with the approval of the Minister, to invest any money of the Board in any business within or outside Singapore which will promote or be conducive to the tourism trade in Singapore; ( q ) with the approval of the Minister — (i) to enter into any joint venture with any person; or (ii) to form or participate in the formation of any company, whether in Singapore or elsewhere, for the purpose of carrying out all or any of the functions of the Board; ( r ) with the approval of the Minister, to manage, control or supervise tourism enterprises within or outside Singapore by nominating directors or advisers; [Act 28 of 2022 wef 01/01/2023] ( ra ) to collaborate with persons carrying on tourism enterprises or enter into partnerships or any other arrangements with them, whether any such person or tourism enterprise is within or outside Singapore; [Act 28 of 2022 wef 01/01/2023] ( s ) with the approval of the Minister, to borrow money whether by way of bank overdraft or otherwise for any of the purposes of the Board that the Board may from time to time consider desirable; [Act 28 of 2022 wef 01/01/2023] ( sa ) to collect, compile and analyse information, and commission surveys, research or studies relating to its functions; [Act 28 of 2022 wef 01/01/2023] ( t ) generally to do all matters and things that are incidental to or consequential upon the exercise of the Board’s powers or the discharge of its duties under this Act. [45/2004] [Act 28 of 2022 wef 01/01/2023] (2) Any financial support provided by the Board pursuant to subsection (1)( h ) may include a requirement for the repayment of the whole or any part of the financial support (whether or not with interest) if the person fails to comply with or satisfy any condition of the financial support, and the Board may sue for the repayment of the financial support with, as may be applicable, any interest, as a debt due to the Board. [Act 28 of 2022 wef 01/01/2023]


document_id: stba-1963
provision_ref: s9
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF BOARD
section: 9
title: Directions by Minister
content:
9. —(1) The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (2) The Board must provide the Minister with any information with respect to its property and activities that the Minister may require.


document_id: stba-1963
provision_ref: s10
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF BOARD
section: 10
title: Chief Executive
content:
10. —(1) There must be a Chief Executive of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018]


document_id: stba-1963
provision_ref: s11
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF BOARD
section: 11
title: Appointment of officers and employees
content:
11. —(1) The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on any terms and conditions that it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [5/2018] (2) The Board may appoint, by name or office, from among — ( a ) public officers; ( b ) officers and employees of the Board; ( c ) officers and employees of a public authority; and ( d ) auxiliary police officers appointed under the Police Force Act 2004, any number of inspecting officers that is required for the purposes of this Act and any regulations made under this Act. [7/2014] (3) In this section, “public authority” means any board, authority or agency established by or under any public Act to perform or discharge any public function. [7/2014]


document_id: stba-1963
provision_ref: s12
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF BOARD
section: 12
title: Ineligibility for employment as officers or employees
content:
12. —(1) A person is not eligible for employment as an officer or employee of the Board if the person has, directly or indirectly, by himself or herself or his or her partner, any share or interest in any contract with, for or on behalf of the Board. (2) Any officer or employee of the Board who has or acquires any share or interest mentioned in subsection (1) is liable in the discretion of the Board to summary dismissal without notice.


document_id: stba-1963
provision_ref: s13
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF BOARD
section: 13
title: Appointment of committees and delegation of powers
content:
13. —(1) The Board may appoint from among its members or other persons who are not members any number of committees consisting of members or other persons, or members and other persons, for purposes which, in the opinion of the Board, would be better regulated and managed by means of those committees. (2) The Board may, subject to any conditions or restrictions that it may impose, delegate to the Chairperson, Chief Executive or a committee appointed under subsection (1) all or any of the functions, duties and powers vested in the Board by or under this Act or any other written law, and any power, function or duty so delegated may be exercised or performed by the Chairperson, Chief Executive or committee (as the case may be) in the name and on behalf of the Board. (3) The Board may, subject to any conditions or restrictions that it thinks fit, delegate to any member or employee of the Board all or any of its functions, duties and powers vested in the Board by or under this Act or any other written law, and any power, function or duty so delegated may be exercised or performed by that member or employee in the name and on behalf of the Board.


document_id: stba-1963
provision_ref: s14
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF BOARD
section: 14
title: Public servants
content:
14. All inspecting officers — ( a ) are deemed to be public servants for the purposes of the Penal Code 1871; and ( b ) in relation to their administration, assessment, collection or enforcement of payment of composition sums or financial penalties under any Act administered by the Board, are deemed to be public officers for the purposes of the Financial Procedure Act 1966, and section 20 of that Act applies to such persons even if they are not or were not in the employment of the Government. [13A [7/2014; 47/2017; 5/2018]


document_id: stba-1963
provision_ref: s14A
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF BOARD
section: 14A
title: Validity of acts, etc.
content:
14A. —(1) Despite section 33 of the Interpretation Act 1965, the exercise of any power or performance of any function of the Board by the Board is not affected merely because at the relevant time — ( a ) there was a vacancy in the membership of the Board, including a vacancy arising from the failure to appoint a member; ( b ) there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Board; or ( c ) there was an irregularity in the Board’s decision-making procedure that does not affect the merits of the decision made. (2) The acts of an individual as a member of the Board are not affected merely because — ( a ) there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Board; or ( b ) in the case of an individual acting in the capacity of the Chairperson, member or Chief Executive, the occasion for the individual so acting, or for his or her appointment, had not arisen or had ended. [Act 28 of 2022 wef 01/01/2023]


document_id: stba-1963
provision_ref: s15
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF BOARD
section: 15
title: Payments to Board
content:
15. For the purpose of enabling the Board to carry out its functions under this Act and any regulations made under this Act, the Minister may authorise the payment to the Board of such sums as the Minister may determine. [14 [7/2014]


document_id: stba-1963
provision_ref: s16
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF BOARD
section: 16
title: Issue of shares, etc.
content:
16. As a consequence of — ( a ) the vesting of any property, rights or liabilities of the Government in the Board under this Act; or ( b ) any capital injection or other investment by the Government in the Board in accordance with any written law, the Board must issue such shares or other securities to the Minister for Finance as that Minister may direct. [14A [5/2002]


document_id: stba-1963
provision_ref: s17
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF BOARD
section: 17
title: Establishment and administration of Tourism Fund
content:
17. —(1) A fund called the Tourism Fund is established, which is, subject to the directions of the Minister, controlled and administered by the Board. (2) Subject to sections 41(3) and 42(4), all moneys collected under this Act or any regulations made under this Act and all moneys received by the Board from any source must be paid into the Fund. [15 [7/2014]


document_id: stba-1963
provision_ref: s18
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF BOARD
section: 18
title: Purposes of Fund
content:
18. The Fund must be devoted to the following purposes: ( a ) the payment of the expenses of, or connected with, the administration of the Board; and ( b ) the payment of all expenses necessary for carrying out the purposes of this Act and any regulations made under this Act. [16 [7/2014]


document_id: stba-1963
provision_ref: s19
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF BOARD
section: 19
title: Protection of superannuation scheme
content:
19. The following provisions apply to any scheme established under any of the rules made under section 8(1)( l ): ( a ) no assurance on the life of any contributor under any such scheme, and no moneys or other benefits payable under any such assurance, and no payment made under any such scheme to any person who has been employed by the Board, are assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim whatsoever, other than a debt due to the Board or to the Government; ( b ) no donation by the Board or contribution by its officers made under any such scheme and no interest thereon are assignable or transferable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever, other than a debt due to the Board or to the Government; ( c ) no such donation, contribution or interest is subject to the debts of the contributor, nor may such donation, contribution or interest pass to the Official Assignee on the bankruptcy of the contributor, but, if the contributor is adjudicated a bankrupt or is declared insolvent by a court, such donation, contribution or interest is, subject to the provisions of this Act, deemed to be subject to a trust in favour of the persons entitled thereto on the death of the contributor; ( d ) the bankruptcy of a contributor does not affect the making of deductions from the salary of the contributor in accordance with any such scheme, but such deductions must continue to be made despite the provisions of any written law, and the portion of salary so deducted is not to be deemed to form part of his or her after‑acquired property; ( e ) subject to the provisions of any such scheme, all moneys paid or payable under any such scheme on the death of a contributor are deemed to be subject to a trust in favour of the persons entitled thereto under the will or intestacy of such deceased contributor, or under a nomination in such form as may be prescribed in such scheme, and are not to be deemed to form part of his or her estate or be subject to the payment of his or her debts but are deemed to be property passing on his or her death for the purposes of the Estate Duty Act 1929; ( f ) any contributor may by a memorandum under his or her hand appoint a trustee or trustees of the moneys payable on his or her death out of any such scheme and may make provision for the appointment of a new trustee or new trustees of such moneys and for the investment thereof; such memorandum must be in the form prescribed in such scheme and must be deposited with the Board; ( g ) if at the time of the death of any contributor or at any time afterwards, there is no trustee of such moneys or it is expedient to appoint a new trustee or new trustees, then and in any such case a trustee or trustees or a new trustee or new trustees may be appointed by the General Division of the High Court; ( h ) the receipt of a trustee or trustees duly appointed, or in default of any such appointment and of written notice thereof to the Board, the receipt of the legal personal representative of a deceased contributor is a discharge to the Board for any moneys payable on his or her death out of any such scheme. [17 [40/2019] [Act 28 of 2022 wef 01/01/2023]


document_id: stba-1963
provision_ref: s20
chapter: PART 3A - TOURIST GUIDES
section: 20
title: Interpretation of this Part
content:
20. —(1) In this Part, unless the context otherwise requires — “code of practice” includes a standard of performance; “false tourist guide badge” means — ( a ) a forged tourist guide badge; ( b ) a tourist guide badge altered without lawful authority; or ( c ) a tourist guide badge in respect of an expired, or a cancelled, revoked or suspended, licence; “guiding services”, in relation to a tourist, includes providing any information, description or explanation to the tourist while accompanying the tourist in or to a place or point of interest in Singapore, but not if the information, description or explanation is a mere reference to the location of, or a location in or around, the place or point of interest; [Act 28 of 2022 wef 01/01/2023] “licence” or “tourist guide licence” means a licence granted or renewed under section 23(4)( a ); “licensee” means a person who is granted a licence, or whose licence is renewed, under section 23(4)( a ); “omnibus” means a bus which is on a scheduled service with passengers being charged separate and distinct fares, and in respect of which a public service vehicle licence is in force under Part 5 of the Road Traffic Act 1961 to use the bus as an omnibus; “tourist” means an individual who visits Singapore for recreation, pleasure, business or any other purpose, but does not include — ( a ) a citizen or permanent resident of Singapore; ( b ) an individual to whom a work pass is issued under section 7 of the Employment of Foreign Manpower Act 1990; ( c ) an individual to whom a dependant’s pass, student’s pass or special pass is issued under regulation 11, 14 or 15, respectively, of the Immigration Regulations; ( d ) an individual to whom a visit pass valid for more than 90 days is issued under regulation 12 of the Immigration Regulations; or ( e ) an individual to whom any other pass, that the Minister may by order in the Gazette specify, is issued under the Immigration Act 1959 or any regulations made under that Act; “tourist guide” means an individual who personally provides any guiding services to a tourist for remuneration; “tourist guide badge” means a badge issued to a licensee under section 25(1); “unlicensed tourist guide” means a tourist guide who does not hold a valid tourist guide licence and who is not exempt from section 21(1) by reason of section 21(2) or under section 43. [7/2014] (2) For the purposes of the definition of “tourist guide”, an individual provides guiding services to a tourist for remuneration if the individual receives or reasonably expects to receive any payment for providing the guiding services, regardless of who makes or is liable to make the payment or where or when the payment is or will be made. [7/2014] (3) For the purposes of the definition of “unlicensed tourist guide” and section 21(1), a person whose tourist guide licence is suspended is, while the suspension is in force, deemed to be a person who does not hold a valid tourist guide licence. [19A [7/2014]


document_id: stba-1963
provision_ref: s21
chapter: PART 3A - TOURIST GUIDES
section: 21
title: Licence required to act as tourist guide, etc.
content:
21. —(1) Subject to subsection (2), an individual must not — ( a ) act as a tourist guide; or ( b ) offer to act as a tourist guide, or advertise in any way that he or she is or is willing to act as a tourist guide, unless he or she holds a valid tourist guide licence. [7/2014] (2) The prohibition in subsection (1) does not apply to — ( a ) the owner or operator of a place or point of interest who himself or herself guides tourists at that place or point; or ( b ) any person who is employed or engaged, or whose services are otherwise used, by the owner or operator of a place or point of interest to guide tourists at that place or point. [7/2014] (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent offence, to a fine not exceeding $10,000. [7/2014] (4) Any person who, directly or indirectly, employs, engages or otherwise uses the services of an unlicensed tourist guide — ( a ) whom the person knows or ought reasonably to know is an unlicensed tourist guide; or ( b ) with reckless disregard as to whether the tourist guide is an unlicensed tourist guide, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent offence, to a fine not exceeding $10,000. [7/2014] (5) Any person who abets the commission of an offence under subsection (3) or (4) shall be guilty of that offence and shall be liable on conviction to be punished with the punishment provided for that offence. [19B [7/2014]


document_id: stba-1963
provision_ref: s22
chapter: PART 3A - TOURIST GUIDES
section: 22
title: Presumption of guiding services provided for remuneration
content:
22. An individual who provides any guiding services to 8 or more tourists is presumed, unless the contrary is proved, to have provided the guiding services for remuneration if, at the time, or within a reasonable time before or after, the guiding services are provided, the tourists and the individual are, have been or will be conveyed (as the case may be) in a motor vehicle (other than an omnibus). [19C [7/2014]


document_id: stba-1963
provision_ref: s23
chapter: PART 3A - TOURIST GUIDES
section: 23
title: Tourist guide licence application
content:
23. —(1) Any person who desires to apply for or renew a tourist guide licence — ( a ) must apply to the Board in such form and manner as the Board may require; and ( b ) in the case of an application to renew a licence, must submit the application to the Board within such period before the expiry of the licence as the Board may specify. [7/2014] (2) In considering an application under subsection (1), the Board may require the applicant to satisfy such criteria and requirements as the Board may publish, from time to time, on any website that may be prescribed. [7/2014] (3) For the purposes of subsection (2), the Board may administer, on its own or in collaboration with any other person, such proficiency tests, or training or certification programmes, as it considers appropriate. [7/2014] (4) Upon considering an application received under subsection (1), the Board may — ( a ) grant or renew a licence (as the case may be) for such duration as the Board may specify; or ( b ) refuse the application. [7/2014] (5) The Board must, before refusing an application to renew a licence, give the applicant written notice of its intention to do so and an opportunity to submit reasons, within the period that the Board may specify in that notice, as to why the application should not be refused. [19D [7/2014]


document_id: stba-1963
provision_ref: s24
chapter: PART 3A - TOURIST GUIDES
section: 24
title: Tourist guide licence
content:
24. —(1) A licence granted or renewed under section 23(4)( a ) is subject to any conditions that the Board may specify. [7/2014] (1A) Without affecting subsection (1), a condition under subsection (1) may require the licensee to do or to refrain from doing any thing specified, or of a description specified, in the condition, including for the purpose of protecting the wellbeing of the licensee, any tourists guided by the licensee, or both, or otherwise in the public interest. [Act 28 of 2022 wef 01/04/2023] (2) The Board may, at any time, vary or revoke any of the conditions of a licence or impose new conditions. [7/2014] (3) The conditions of a licence may include the assignment to the licensee of such description or classification as a tourist guide as the Board considers appropriate to — ( a ) denote the licensee’s qualifications, proficiency, experience or any other attribute as a tourist guide; or ( b ) define or circumscribe the type of guiding services the licensee is authorised to provide under the licence. [7/2014] (4) The Board must, before altering any description or classification of a licensee as a tourist guide under this section — ( a ) at the time of renewing his or her licence; or ( b ) at any time during the duration of his or her licence, in a manner that is to the disadvantage of the licensee, give the licensee written notice of its intention to do so and an opportunity to submit reasons, within the period that the Board may specify in that notice, as to why such alteration should not be made. [7/2014] (5) For the purposes of subsection (4), a reference to a licensee includes a reference to a person who applies to renew his or her licence. [19E [7/2014]


document_id: stba-1963
provision_ref: s25
chapter: PART 3A - TOURIST GUIDES
section: 25
title: Tourist guide badge
content:
25. —(1) Upon granting or renewing a licence under section 23(4)( a ), the Board must issue the licensee with a tourist guide badge representing that he or she is the holder of that licence. [7/2014] (2) A licensee must — ( a ) unless the Board otherwise allows, wear prominently on his or her person any tourist guide badge issued to the licensee that is not in an electronic form, at all times when he or she acts as a tourist guide; and [Act 28 of 2022 wef 01/01/2023] ( b ) produce his or her tourist guide badge for inspection upon being required to do so by the Board or an inspecting officer. [7/2014] (3) Subject to subsection (3A), a person issued with a tourist guide badge under this section that is not in an electronic form must surrender that badge to the Board immediately upon — ( a ) being required to do so for the purpose of enabling the Board to make any alteration to the badge that the Board considers appropriate; ( b ) the expiry, cancellation, revocation or suspension of his or her tourist guide licence in respect of which the badge was issued; or ( c ) ceasing to be employed as, or engage in the business or provision of services of, a tourist guide, even though he or she holds a valid tourist guide licence. [7/2014] [Act 28 of 2022 wef 01/01/2023] (3A) The Board may, instead of requiring a tourist guide badge that is not issued in an electronic form to be surrendered under subsection (3)( b ) or ( c ), require the person to whom the badge was issued to destroy the badge in the manner specified by the Board, and the person must comply with the requirement. [Act 28 of 2022 wef 01/01/2023] (4) Any person who fails to comply with subsection (3) or (3A) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. [7/2014] [Act 28 of 2022 wef 01/01/2023] (5) Any person issued with a tourist guide badge under this section who — ( a ) causes or permits his or her tourist guide badge to be in the possession of any other person; and ( b ) knows or ought reasonably to know that, or is reckless as to whether, the badge is or will be used by the other person in connection with identification or acting as a tourist guide, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [7/2014] (6) Any person who — ( a ) alters without lawful authority or forges a tourist guide badge; ( b ) sells a tourist guide badge or a false tourist guide badge; or ( c ) in connection with identification or acting as a tourist guide, uses or has in the person’s possession a tourist guide badge which is not issued to the person by the Board or a false tourist guide badge, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [7/2014] (6A) For the purposes of subsection (6)( b ), where a tourist guide badge is issued in electronic form, a person sells the tourist guide badge if the person provides another person access to the tourist guide badge (in electronic form) for consideration. [Act 28 of 2022 wef 01/01/2023] (7) The reference to a tourist guide badge in subsection (5) includes a reference to a tourist guide badge in respect of an expired, or a cancelled, revoked or suspended, licence. [19F [7/2014]


document_id: stba-1963
provision_ref: s26
chapter: PART 3A - TOURIST GUIDES
section: 26
title: Code of practice
content:
26. —(1) The Board may, from time to time, in connection with the provision of guiding services to tourists by licensees — ( a ) issue one or more codes of practice to apply to licensees or any class of licensees that the Board may specify in the codes of practice; and ( b ) amend or revoke any code of practice issued under this subsection. [7/2014] (2) Where a code of practice is issued, amended or revoked by the Board under subsection (1), the Board must — ( a ) publish a notice of the issue, amendment or revocation (as the case may be) in a manner that will secure adequate publicity for the issue, amendment or revocation; ( b ) specify the date of the issue, amendment or revocation (as the case may be) in the notice; and ( c ) ensure that the code of practice (including any amendment made to the code of practice) remains available for access or inspection by the licensees to whom it applies. [7/2014] (3) Any issue, amendment or revocation of a code of practice under subsection (1) does not have any force or effect until the notice relating thereto has been published in accordance with subsection (2)( a ) and ( b ). [7/2014] (4) If any provision of any code of practice in force under this section is inconsistent with any provision of this Act or any regulations made under this Act, the provision in the code of practice does not, to the extent of the inconsistency, have effect. [7/2014] (5) Subject to subsection (6), every licensee must comply with the codes of practice issued under this section which apply to the licensee. [7/2014] (6) The Board may, either generally or for such time as the Board may specify, waive the application of any code of practice (or part thereof) issued under this section to any licensee or class of licensees. [7/2014] (7) Any code of practice issued under this section is deemed not to be subsidiary legislation. [19G [7/2014]


document_id: stba-1963
provision_ref: s26A
chapter: PART 3A - TOURIST GUIDES
section: 26A
title: Directions of Board
content:
26A. —(1) The Board may, if it thinks it necessary or expedient in the public interest (including for the purpose of protecting the wellbeing of the licensee, any tourists guided by the licensee, or both), give directions to the licensee to do or to refrain from doing any thing specified, or of a description specified, in the direction, and the licensee must comply with the direction. (2) Before issuing a direction under this section, the Board must, unless the Board considers that it is not practicable or desirable in the particular circumstances of the case, serve on the licensee to whom the direction is to be issued, written notice of the Board’s intention. (3) The written notice must — ( a ) state the direction the Board intends to make and its effect; and ( b ) specify the time (being at least 14 days after the date of service of the written notice on the person) within which any written representation may be given to the Board, or any representation by the licensee heard, with respect to the Board’s intention. (4) On considering any representation made by the licensee under subsection (3)( b ), the Board may decide to — ( a ) proceed as intended (including with any modification to the direction as the Board thinks fit); or ( b ) not proceed as intended, and must serve on the licensee written notice of the Board’s decision. (5) If no representation is made to the Board within the time mentioned in subsection (3)( b ) or if any representation made under that provision is withdrawn, the Board may proceed as intended (including with any modification as the Board thinks fit) and must serve on the licensee written notice of the Board’s decision. (6) The licensee must comply with the direction served pursuant to a decision under subsection (4) or (5) in or within the time specified in the direction for compliance. (7) Where the licence of the licensee ceases to be in force after the direction is issued, the former licensee must still comply with the direction. (8) The licensee is not required to comply with the direction to the extent it is inconsistent with any requirement under any other written law. (9) Any person who fails to comply with a direction under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s26B
chapter: PART 3A - TOURIST GUIDES
section: 26B
title: Modification of directions, etc.
content:
26B. —(1) The Board may at any time vary, suspend or revoke the whole or any part of a direction issued to a licensee under section 26A. (2) Before varying, suspending or revoking a direction or part of a direction, the Board must serve on the licensee written notice of the Board’s intention, unless the Board considers that it is not practicable or desirable to do so in the particular circumstances of the case. (3) The written notice must — ( a ) state the direction or part of the direction that the Board intends to vary, suspend or revoke, and (in the case of a variation) the effect of the variation; and ( b ) specify the time (being at least 14 days after the date of service of the written notice on the licensee) within which any written representation may be given to the Board, or any representation by the licensee heard, with respect to the Board’s intention. (4) On considering any representation made by the licensee under subsection (3)( b ), the Board may decide to — ( a ) proceed as intended (including with any modification to the direction or part of the direction as the Board thinks fit); or ( b ) not proceed as intended, and must serve on the licensee written notice of the Board’s decision. (5) If no representation is made to the Board within the time mentioned in subsection (3)( b ) or if any representation made under that provision is withdrawn, the Board may proceed as intended (including with any modification as the Board thinks fit) and must serve on the licensee written notice of the Board’s decision. (6) The variation, suspension or revocation takes effect at the time and date specified by the Board in the written notice of the Board’s decision. [Act 28 of 2022 wef 01/04/2023] 27. [Repealed by Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s28
chapter: PART 3A - TOURIST GUIDES
section: 28
title: Suspension, revocation or cancellation of licence
content:
28. —(1) The Board may, at any time, suspend for a period not exceeding 6 months or a longer period that is prescribed in substitution, or revoke, a tourist guide licence if the licensee — ( a ) provides or causes to be provided to the Board or any inspecting officer any information (including information in connection with his or her application for or renewal of a licence) which is false or misleading (including as a result of an omission) in any material particular, or the licensee otherwise obtained his or her licence through fraud or misrepresentation; [Act 28 of 2022 wef 01/04/2023] ( b ) refuses or fails, without reasonable excuse, to comply with any requirement of the Board or an inspecting officer under section 32B(1); [Act 28 of 2022 wef 01/04/2023] ( c ) contravenes any provision of this Act or any regulations made under this Act; ( d ) contravenes any condition of his or her licence; ( da ) contravenes any direction issued by the Board to the licensee under section 26A or this section (as may be varied under section 26B or this section, as the case may be); [Act 28 of 2022 wef 01/04/2023] ( e ) has committed any offence under any written law punishable with a term of imprisonment exceeding one month; ( f ) ceases to be, in the opinion of the Board, a fit and proper person; or ( g ) is incapable, by reason of illness, infirmity or any other cause, of acting as a tourist guide. [7/2014] (2) Subject to subsection (3), in the case where a licensee — ( a ) refuses or fails, without reasonable excuse, to comply with any requirement of the Board or an inspecting officer under section 32B(1); ( b ) contravenes any provision of this Act or any regulations made under this Act; ( c ) contravenes any condition of his or her licence; or ( d ) contravenes any direction issued by the Board to the licensee under section 26A or this section (as may be varied under section 26B or this section, as the case may be), the Board may, instead of suspending or revoking his or her licence under subsection (1)( b ), ( c ), ( d ) or ( da ) (as the case may be), do one or more of the following: ( e ) issue any direction to the licensee to do or not to do anything specified in the direction; ( f ) subject to subsection (3), require the licensee to pay a financial penalty of an amount not exceeding $1,000 by a date that the Board may determine; ( g ) debar the licensee from applying for the grant or renewal of any licence for a period specified by the Board. [Act 28 of 2022 wef 01/04/2023] (3) Subsection (2)( f ) does not apply in respect of any contravention which is prescribed to be an offence under this Act or any regulations made under this Act. [7/2014] [Act 28 of 2022 wef 01/04/2023] (4) Where the Board intends to take any regulatory action under subsection (1) or (2) against a licensee, the Board must serve the licensee written notice of the Board’s intention, unless the Board considers that it is not practicable or desirable in the particular circumstances of the case to do so. [Act 28 of 2022 wef 01/04/2023] (4A) The written notice must specify — ( a ) the regulatory action that the Board intends to take against the licensee; ( b ) the ground or grounds in subsection (1) or (2) (as the case may be) on which the Board intends to rely; and ( c ) the time (being at least 14 days after the date of service of the written notice on the licensee) within which any written representation may be given to the Board, or any representation by the licensee heard, with respect to the Board’s intention. [Act 28 of 2022 wef 01/04/2023] (4B) On considering any representation made by the licensee under subsection (4A)( c ), the Board may decide to — ( a ) proceed with the intended regulatory action (including with any modification as the Board thinks fit); or ( b ) not proceed with the intended regulatory action or proceed with a different regulatory action, and must serve on the licensee written notice of the Board’s decision. [Act 28 of 2022 wef 01/04/2023] (4C) If no representation is made to the Board within the time mentioned in subsection (4A)( c ) or if any representation made under that provision is withdrawn, the Board — ( a ) may decide to proceed as intended (including with any modification as the Board thinks fit), or may decide not to proceed; and ( b ) must serve on the licensee written notice of the Board’s decision. [Act 28 of 2022 wef 01/04/2023] (5) The Board’s decision mentioned in subsection (4B) or (4C) (as the case may be) does not take effect until — ( a ) the expiry of the period allowed under section 42A for the licensee to appeal to the Minister against the decision; and ( b ) if an appeal is made in the period allowed under section 42A for the licensee to appeal — (i) the determination or rejection of the appeal by the Minister or his or her designate under section 42A; or (ii) (if the appeal is withdrawn) the withdrawal of the appeal. [Act 28 of 2022 wef 01/04/2023] (5A) The suspension or revocation of any licence under this section does not affect the enforcement by any person of any right or claim against the licensee or former licensee, or by the licensee or former licensee of any right or claim against any person. [Act 28 of 2022 wef 01/04/2023] (5B) If the written notice under subsection (4) is served on the licensee before the expiry of his or her licence and the licence expires before the Board can — ( a ) make a determination whether one or more of the grounds in subsection (1) or (2) mentioned in the written notice under subsection (4A)( b ) are satisfied; or ( b ) (if the Board has made such a determination) take any regulatory action under subsection (1) or (2) (whether or not mentioned in that written notice under subsection (4A)( a )), this section continues to apply and the Board may, at any time after the expiry — ( c ) continue to make such determination or take regulatory action under subsection (2) or both (as may be appropriate) in relation to the former licensee; or ( d ) not continue with any further action under this section. [Act 28 of 2022 wef 01/04/2023] (5C) For the purpose of subsection (5B), a licence expires when any of the following occurs: ( a ) its period of validity ends; ( b ) it is revoked under subsection (1) (read with subsection (5)); ( c ) it is cancelled under subsection (6). [Act 28 of 2022 wef 01/04/2023] (5D) To avoid doubt and without affecting section 23(2), a determination under subsection (5B) is a relevant consideration for the purpose of any application that the former licensee may subsequently make under section 23. [Act 28 of 2022 wef 01/04/2023] (5E) Where regulatory action taken under this section is the issue of a direction under subsection (2)( e ), the Board may at any time vary, suspend or revoke the whole or any part of the direction, and section 26B applies in relation to such variation, suspension or revocation as if the direction in question were a direction issued under section 26A. [Act 28 of 2022 wef 01/04/2023] (5F) For the purposes of subsection (5E), references in section 26B to a licensee include a former licensee. [Act 28 of 2022 wef 01/04/2023] (6) The Board may cancel a tourist guide licence at the request of the licensee. [19I [7/2014]


document_id: stba-1963
provision_ref: s29
chapter: PART 3AA - CRUISE TERMINALS
section: 29
title: Controller of Cruise Administration, etc.
content:
29. —(1) For the purposes of administering and enforcing this Part, the Board must appoint from the members, officers or employees of the Board — ( a ) a Controller of Cruise Administration; and ( b ) one or more Deputy Controllers of Cruise Administration as the Board thinks fit. (2) A Deputy Controller of Cruise Administration has and may exercise and perform all the powers, duties and functions of the Controller conferred by this Act, subject to any limitations imposed by the Controller. (3) The Controller is, in administering and enforcing this Part, subject to the general and special directions of the Board. [Act 28 of 2022 wef 01/04/2023] Division 2 &#x2014; Cruise terminal licences


document_id: stba-1963
provision_ref: s29A
chapter: PART 3AA - CRUISE TERMINALS
section: 29A
title: Licence required to operate cruise terminal
content:
29A. —(1) A person must not operate any cruise terminal unless the person has in force a cruise terminal licence for the cruise terminal. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500,000 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. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29B
chapter: PART 3AA - CRUISE TERMINALS
section: 29B
title: Cruise terminal licence application
content:
29B. —(1) Any person who desires to apply for or renew a cruise terminal licence in respect of any cruise terminal — ( a ) must apply to the Controller in such form and manner as the Controller may require, with the information and documents required by the Controller; and ( b ) in the case of an application to renew a licence, must submit the application to the Controller within such period before the expiry of the licence as the Controller may specify. (2) The following are matters which the Controller may take into account in considering the application: ( a ) the ability of the applicant to finance the operation of the cruise terminal; ( b ) the experience of the applicant in operating the cruise terminal and any other cruise terminal (whether in Singapore or elsewhere), and the applicant’s ability to perform the duties of a cruise terminal licensee imposed under this Act, any regulations made under this Act and the cruise terminal licence; ( c ) the suitability of the site of the cruise terminal for its use as such; ( d ) the name by which the cruise terminal is to be known; ( e ) the suitability of the applicant as a cruise terminal licensee (including whether the applicant has observed and complied with all duties and obligations imposed on it under any written law administered, or licence issued, by the Maritime and Port Authority of Singapore). (3) On considering the application, the Controller may — ( a ) grant or renew the cruise terminal licence, as the case may be; or ( b ) refuse the application, and the Controller must notify the applicant in writing accordingly. (4) Without affecting subsection (2), the Controller may refuse the application if the Controller is satisfied that — ( a ) the applicant is not able to finance the operation of the cruise terminal; ( b ) the applicant is not a suitable person to be involved in the operation of a cruise terminal; ( c ) there is reason to believe that the applicant — (i) is contravening or has contravened — (A) any provision of this Act or any regulations made for the purposes of this Act, or any provision of the Maritime and Port Authority of Singapore Act 1996 or any regulations made under that Act; (B) any condition of a cruise terminal licence of the applicant or of a public licence issued to the applicant under the Maritime and Port Authority of Singapore Act 1996, whether or not in relation to the same cruise terminal that is the subject of the application; or (C) any direction issued to the applicant under this Part, or to the applicant as a public licensee under the Maritime and Port Authority of Singapore Act 1996; or (ii) is refusing or has refused or failed, without reasonable excuse, to comply with any requirement of the Controller or an inspecting officer under section 32B(1); ( d ) the application contains any information that is false or the application is misleading (including as a result of an omission), in any material particular; ( e ) the name proposed for the cruise terminal concerned — (i) is likely to mislead members of the public as to the true character and purpose of the cruise terminal, including by reason of the inclusion of the name of a sponsor or donor; (ii) is identical with or so nearly resembling the name of another cruise terminal or person or individual or thing (whether in Singapore or elsewhere) as to be likely to deceive or cause confusion in relation to it; (iii) is likely to give any impression that the cruise terminal is connected to the Government or any public authority, or with any other body of persons or any individual or thing (whether in Singapore or elsewhere), when it is not so connected; or (iv) is undesirable or offensive, or may bring disrepute to Singapore or cause confusion as to Singapore as a tourist destination; or ( f ) it is in the public interest to do so. (5) Where the Controller is satisfied that a cruise terminal licence should not be renewed, the Controller may, despite being so satisfied, renew the cruise terminal licence for a period not exceeding 12 months for the purpose of facilitating the transfer by the applicant of the management, operation and administration of the cruise terminal to the person taking over the same from the applicant. (6) A cruise terminal licensee that does not intend to renew its cruise terminal licence must provide the Controller with at least 24 months’ prior written notice or such other shorter or longer period as may be prescribed in substitution. (7) The Controller may, at any time, amend a cruise terminal licence by changing — ( a ) the particulars of the person to whom the licence is granted, including the name of the person (but not where the effect of the change in name would be to transfer or assign the benefit of the cruise terminal licence, without the consent having been obtained under section 29F); and ( b ) the description (including the name and site) of the cruise terminal to which the licence relates (including by addition or deletion, or both). [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29C
chapter: PART 3AA - CRUISE TERMINALS
section: 29C
title: In-principle approvals
content:
29C. —(1) This section applies where an application has been made for the grant or renewal of a cruise terminal licence, and the Controller requires the applicant to fulfil one or more requirements pending the Controller’s determination of the application. (2) The Controller may give the applicant an in-principle approval for the grant or renewal of the cruise terminal licence pending the applicant fulfilling the requirements, permitting the applicant to provide all or any cruise port services and facilities at the cruise terminal that is to be the subject of the cruise terminal licence to be granted or renewed. (3) The Controller may give the in-principle approval subject to any conditions that the Controller thinks fit. (4) The Controller must specify a validity period for the in-principle approval that does not exceed 12 months, and may extend the validity period one or more times, but the initial validity period and every extension must not exceed 12 months in total. (5) Except to the extent provided under subsection (4), the in-principle approval cannot be renewed. (6) For the purposes of this Act, so long as an in-principle approval is in force — ( a ) it is treated as a cruise terminal licence; ( b ) the applicant is treated as a cruise terminal licensee; and ( c ) the conditions mentioned in subsection (3) are conditions of a cruise terminal licence. (7) Without affecting section 29G and despite the validity period (including any extensions) of the in-principle approval under subsection (4), the in-principle approval ceases to be in force — ( a ) if the applicant fails to comply with any requirement imposed under subsection (1); or ( b ) on the determination of the application under section 29B(3). [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29D
chapter: PART 3AA - CRUISE TERMINALS
section: 29D
title: Name of cruise terminal
content:
29D. Unless the Controller otherwise allows, a cruise terminal licensee must not use any name for the cruise terminal to which its cruise terminal licence relates, except the name specified in the licence for the cruise terminal. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29E
chapter: PART 3AA - CRUISE TERMINALS
section: 29E
title: Validity of cruise terminal licence
content:
29E. —(1) Subject to subsection (2), a cruise terminal licence remains in force for the validity period specified in the cruise terminal licence, unless earlier revoked under section 29G or cancelled under section 29H. (2) A cruise terminal licence is treated as not being in force — ( a ) for any period for which the licence is suspended under section 29G; and ( b ) for the part or the whole of any validity period mentioned in subsection (1) for which the cruise terminal licensee does not have in force a public licence under the Maritime and Port Authority of Singapore Act 1996 in relation to the cruise terminal to which the cruise terminal licence relates. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29F
chapter: PART 3AA - CRUISE TERMINALS
section: 29F
title: Restriction on transfer of cruise terminal licence
content:
29F. —(1) A cruise terminal licensee must not transfer or assign the benefit of its cruise terminal licence to any other person without the prior written consent of the Controller. (2) Any transfer or assignment in contravention of subsection (1) is for all purposes void and of no effect. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29G
chapter: PART 3AA - CRUISE TERMINALS
section: 29G
title: Suspension and revocation of cruise terminal licence, etc.
content:
29G. —(1) If the Controller is satisfied in relation to any cruise terminal licensee of a cruise terminal that — ( a ) the cruise terminal licensee has contravened, is contravening, or is likely to contravene — (i) any provision of this Act or any regulations made for the purposes of this Act, or any provision of the Maritime and Port Authority of Singapore Act 1996 or any regulations made under that Act; (ii) any condition of its cruise terminal licence or a public licence granted to it under the Maritime and Port Authority of Singapore Act 1996; or (iii) any direction issued by the Controller to the cruise terminal licensee under Division 3 or this subsection (as may be modified under that Division or this section, as the case may be), or by the Maritime and Port Authority of Singapore under the Maritime and Port Authority of Singapore Act 1996 to the applicant as a public licensee (as may be modified under that Act); ( b ) the cruise terminal licensee provided or caused to be provided to the Controller or any inspecting officer any information (including information in connection with its application for or renewal of a cruise terminal licence) which is false or misleading (including as a result of an omission) in any material particular, or the cruise terminal licensee otherwise obtained its cruise terminal licence through fraud or misrepresentation; ( c ) the cruise terminal licensee refuses or fails, without reasonable excuse, to comply with any requirement of the Controller or an inspecting officer under section 32B(1); ( d ) the cruise terminal licensee has gone or is likely to go into compulsory liquidation or voluntary liquidation other than for the purpose of amalgamation or reconstruction; ( e ) the cruise terminal licensee has made any assignment to, or composition with, its creditors; ( f ) the cruise terminal licensee has ceased or is likely to cease operation of the cruise terminal to which its cruise terminal licence relates; ( g ) the cruise terminal licensee is not a suitable person to continue to be involved in the operation of the cruise terminal; ( h ) the cruise terminal licensee ceases to have in force a public licence granted under the Maritime and Port Authority of Singapore Act 1996 in relation to the cruise terminal to which the cruise terminal licence relates; or ( i ) the public interest of Singapore requires, then the Controller may do one or more of the following: ( j ) issue any direction to the cruise terminal licensee to do or not to do anything specified in the direction; ( k ) where paragraph ( a ) or ( c ) applies, subject to subsection (2), impose on the cruise terminal licensee a financial penalty not exceeding the higher of the following amounts, payable to the Board within the time specified by the Controller: (i) 1% of the annual turnover of that part of the licensee’s business to which the cruise terminal licence relates, as ascertained from the licensee’s latest audited accounts; (ii) $100,000; ( l ) debar the cruise terminal licensee from applying for the grant or renewal of any cruise terminal licence for a period specified by the Controller; ( m ) suspend the cruise terminal licence of the cruise terminal licensee for a period specified by the Controller that must not exceed 12 months or such longer period as may be prescribed in substitution, or revoke the licence. (2) Subsection (1)( k ) does not apply in respect of any contravention which is prescribed to be an offence under this Act or any regulations made under this Act. (3) A suspension under subsection (1)( m ) may relate to one or more cruise port services and facilities being provided, or intended to be provided, at the cruise terminal to which the cruise terminal licence relates, whether generally or in relation to any class or category of ships or any ship by any description. (4) Where the Controller intends to take any regulatory action under subsection (1) against a cruise terminal licensee, the Controller must serve on the cruise terminal licensee written notice of the Controller’s intention, unless — ( a ) the Controller considers that it is not practicable or desirable in the particular circumstances of the case to do so; or ( b ) the cruise terminal licensee has been dissolved or wound up or has otherwise ceased to exist, or has ceased operation of the cruise terminal to which its cruise terminal licence relates. (5) The written notice must specify — ( a ) the regulatory action that the Controller intends to take against the cruise terminal licensee; ( b ) the ground or grounds in subsection (1)( a ) to ( i ) on which the Controller intends to rely; and ( c ) the time (being at least 14 days after the date of service of the written notice on the cruise terminal licensee) within which any written representation may be given to the Controller, or any representation by the cruise terminal licensee heard, with respect to the Controller’s intention. (6) On considering any representation made by the cruise terminal licensee under subsection (5)( c ), the Controller may decide to — ( a ) proceed with the intended regulatory action (including with any modification as the Controller thinks fit); or ( b ) not proceed with the intended regulatory action or proceed with a different regulatory action, and must serve on the cruise terminal licensee written notice of the Controller’s decision. (7) If no representation is made to the Controller within the time mentioned in subsection (5)( c ) or if any representation made under that provision is withdrawn, the Controller — ( a ) may decide to proceed as intended (including with any modification as the Controller thinks fit), or may decide not to proceed; and ( b ) must serve on the cruise terminal licensee written notice of the Controller’s decision. (8) The decision of the Controller mentioned in subsection (6) or (7) (as the case may be) does not take effect until — ( a ) the expiry of the period allowed under section 42A for the cruise terminal licensee to appeal to the Minister against the decision; and ( b ) if an appeal is made in the period allowed under section 42A for the licensee to appeal — (i) the determination or rejection of the appeal by the Minister or his or her designate under section 42A; or (ii) (if the appeal is withdrawn) the withdrawal of the appeal. (9) The suspension or revocation of any cruise terminal licence under this section does not affect the enforcement by any person of any right or claim against the cruise terminal licensee or former cruise terminal licensee, or by the cruise terminal licensee or former cruise terminal licensee of any right or claim against any person. (10) If the written notice under subsection (4) is served on the cruise terminal licensee and the cruise terminal licence expires before the Controller can — ( a ) make a determination whether one or more of the grounds in subsection (1)( a ) to ( i ) mentioned in the written notice under subsection (5)( b ) are satisfied; or ( b ) (if the Controller has made such a determination) take any regulatory action under subsection (1)( j ), ( k ), ( l ) or ( m ) (whether or not mentioned in that written notice under subsection (5)( a )), this section continues to apply and the Controller may, at any time after the expiry — ( c ) continue to make such determination or take such regulatory action under subsection (1)( j ), ( k ) or ( l ) or both (as the case may be) in relation to the former cruise terminal licensee; or ( d ) not continue with any further action under this section. (11) For the purpose of subsection (10), a cruise terminal licence expires when any of the following occurs: ( a ) its period of validity ends; ( b ) it is revoked under this section; ( c ) it is cancelled under section 29H. (12) To avoid doubt and without affecting section 29B(2), a determination under subsection (10) is a relevant consideration for the purpose of any application that the former cruise terminal licensee may subsequently make under section 29B. (13) Where regulatory action taken under this section is the issue of a direction under subsection (1)( j ), the Board may at any time vary, suspend or revoke the whole or any part of the direction, and section 29L applies in relation to such variation, suspension or revocation as if the direction in question were a direction issued under section 29K. (14) For the purposes of subsection (13), references in section 29L to a person are references to a cruise terminal licensee or a former cruise terminal licensee, as the case may be. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29H
chapter: PART 3AA - CRUISE TERMINALS
section: 29H
title: Cancellation of cruise terminal licence
content:
29H. —(1) A cruise terminal licensee that wishes to cancel its cruise terminal licence must provide the Controller with at least 24 months’ prior written notice or such other shorter or longer period as may be prescribed in substitution. (2) The cancellation of the cruise terminal licence under this section does not affect the enforcement by any person of any right or claim against the former cruise terminal licensee, or by the cruise terminal licensee of any right or claim against any person. [Act 28 of 2022 wef 01/04/2023] Division 3 &#x2014; Control and regulation of
cruise terminal licensees and cruise terminals


document_id: stba-1963
provision_ref: s29I
chapter: PART 3AA - CRUISE TERMINALS
section: 29I
title: Conditions of cruise terminal licence
content:
29I. —(1) The Controller may issue or renew a cruise terminal licence subject to any condition that the Controller may specify. (2) Without affecting subsection (1), the conditions of the cruise terminal licence may include any of the following: ( a ) any condition requiring the cruise terminal licensee to enter into any agreement or arrangement with any other person (whether or not another cruise terminal licensee) for — (i) the interconnection with, access to and use of any building, berth, installation, facility or infrastructure (whether or not for the purpose of any cruise port services and facilities at the cruise terminal that is the subject of the cruise terminal licence), including for the purpose of connecting the cruise terminal with the public transportation system; (ii) the interconnection with, access to and use of any computer or electronic system for the booking of berths and other cruise port services and facilities; and (iii) any other purpose specified in the licence, and on the terms agreed to by the licensee and the other person or, in default of agreement, as determined by the Controller; ( b ) any condition restricting the carrying on by the cruise terminal licensee of any trade or business which is not related to the activity which the licensee is authorised by the cruise terminal licence to carry on; ( c ) any condition requiring the cruise terminal licensee to obtain the prior approval of the Controller before entering into any contract with any person which will permit or enable that person to operate any part of the cruise terminal or provide any cruise port services and facilities; ( d ) any condition requiring the cruise terminal licensee to comply with the berthing framework, as may be modified for the cruise terminal licensee in such condition; ( e ) any condition requiring the cruise terminal licensee — (i) to comply with the standards of performance and procedures specified by the Controller, including standards of performance and procedures for the requirements and processes for collecting and maintaining data; and (ii) to report its compliance with the standards of performance and procedures in the form and manner determined by the Controller; ( f ) any condition as to the manner by which the cruise terminal licensee may charge for providing any cruise port services and facilities; ( g ) any condition relating to any matter ancillary to this Part. (3) This section does not require a cruise terminal licensee to comply with any condition to the extent it is inconsistent with any requirement under any other written law, including any condition specified in any licence granted under or direction given under the Maritime and Port Authority of Singapore Act 1996. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29J
chapter: PART 3AA - CRUISE TERMINALS
section: 29J
title: Modification of conditions, etc., of cruise terminal licence
content:
29J. —(1) Where the Controller intends to modify (including by removing) any condition of, or to impose any new condition on, a cruise terminal licence of a cruise terminal licensee, the Controller must, unless the Controller considers that it is not practicable or desirable in the particular circumstances of the case, serve on the cruise terminal licensee written notice of the Controller’s intention. (2) The written notice must — ( a ) state the modification that the Controller intends to make or the new condition the Controller intends to impose, and any compensation payable for any loss or damage suffered or expense reasonably incurred by the cruise terminal licensee as a direct result of the modification or imposition; and ( b ) specify the time (being at least 14 days after the date of service of the written notice on the cruise terminal licensee) within which any written representation may be given to the Controller, or any representation by the cruise terminal licensee heard, with respect to the Controller’s intention. (3) On considering any representation made by the cruise terminal licensee under subsection (2)( b ), the Controller may decide to — ( a ) proceed as intended (including with any modification to the intended modification or compensation payable, or with any new condition or compensation payable, as the Controller thinks fit); or ( b ) not proceed as intended, and must serve on the cruise terminal licensee written notice of the Controller’s decision. (4) If no representation is made to the Controller within the time mentioned in subsection (2)( b ) or if any representation made under that provision is withdrawn, the Controller may proceed as intended (including with any modification to the intended modification or compensation payable, or with any new condition or compensation payable, as the Controller thinks fit) and must serve on the cruise terminal licensee written notice of the Controller’s decision. (5) The decision of the Controller mentioned in subsection (3) or (4) (as the case may be) does not take effect until — ( a ) the expiry of the period allowed under section 42A for the cruise terminal licensee to appeal to the Minister against the decision; and ( b ) if an appeal is made in the period allowed under section 42A for the licensee to appeal — (i) the determination or rejection of the appeal by the Minister or his or her designate under section 42A; or (ii) (if the appeal is withdrawn) the withdrawal of the appeal. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29K
chapter: PART 3AA - CRUISE TERMINALS
section: 29K
title: Directions of Controller
content:
29K. —(1) The Controller may, by written direction to a cruise terminal licensee, a cruise line, or to any owner, operator, manager, agent or master of any ship (whether or not a cruise ship), require the person so directed to do or not to do the things specified in the direction, or of a description specified in the direction, for any of the following purposes: ( a ) to optimise the use of cruise terminals in Singapore; ( b ) to ensure or require compliance with the berthing framework; ( c ) to ensure the availability of berth slots or optimise the use of berth slots across all cruise terminals in Singapore (whether or not in relation to cruise ships) including by requiring the acceptance, postponement, cancellation or rejection of any berth booking by a cruise terminal licensee, whether or not in consequence of any double-booking, over-booking or non-compliance with the berthing framework, by that or another cruise terminal licensee, and whether or not in accordance with the berthing framework; ( d ) to ensure the availability and reliability of any cruise port services and facilities; ( e ) to ensure compliance with standards of performance and procedures for any matter affecting the provision of cruise port services and facilities; ( f ) to ensure or require compliance with the pricing framework under section 29O; ( g ) to ensure the coordination and cooperation, on the terms specified by the Controller, with any other person in the use or sharing of — (i) any building, berth, installation, facility or infrastructure; (ii) any equipment, machinery plant or system; or (iii) any computer or electronic system, or any part of the same, that is owned or used by a cruise terminal licensee for the provision of any cruise port services and facilities; ( h ) to prevent any cruise terminal, or the cruise industry in Singapore generally, from being brought into disrepute; ( i ) for a cruise terminal licensee intending to cancel or not renew its cruise terminal licence for a cruise terminal, to ensure the proper and expeditious transfer of the management, operation and administration of the cruise terminal to another cruise terminal licensee, the Board or an agent of the Board (including by the novation of agreements concerning the cruise terminal); ( j ) for any matter ancillary to this Part. (2) A direction mentioned in subsection (1)( a ), ( b ), ( c ), ( d ), ( h ) and ( j ) may require the person to whom the direction is issued to do or to refrain from doing any thing to enable a ship to arrive at or leave a berth at the cruise terminal for the purposes of a berth slot. (3) A direction mentioned in subsection (1)( i ) may also be issued to a former cruise terminal licensee. (4) Before issuing a direction under this section, the Controller must, unless the Controller considers that it is not practicable or desirable in the particular circumstances of the case, serve on the person to whom the direction is to be issued, written notice of the Controller’s intention. (5) The written notice must — ( a ) state the direction the Controller intends to make and its effect; and ( b ) specify the time (being at least 14 days after the date of service of the written notice on the person) within which any written representation may be given to the Controller, or any representation by the person heard, with respect to the Controller’s intention. (6) On considering any representation made by the person under subsection (5)( b ), the Controller may decide to — ( a ) proceed as intended (including with any modification to the direction as the Controller thinks fit); or ( b ) not proceed as intended, and must serve on the person written notice of the Controller’s decision. (7) If no representation is made to the Controller within the time mentioned in subsection (5)( b ) or if any representation made under that provision is withdrawn, the Controller may proceed as intended (including with any modification as the Controller thinks fit) and must serve on the person written notice of the Controller’s decision. (8) The person must comply with the direction served pursuant to a decision under subsection (6) or (7) in or within the time specified in the direction for compliance. (9) Where the person is a cruise terminal licensee whose cruise terminal licence ceases to be in force after the direction is issued, the person must still comply with the direction. (10) The person is not required to comply with the direction to the extent it is inconsistent with any requirement under any other written law or any condition specified in any licence granted under or direction given under the Maritime and Port Authority of Singapore Act 1996. (11) Any person who fails to comply with a direction under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. (12) This section does not prevent the Controller from issuing directions to more than one person mentioned in subsection (1) for the same purpose, including issuing a direction to a person after another person has failed to comply with an earlier direction issued to that other person under this section. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29L
chapter: PART 3AA - CRUISE TERMINALS
section: 29L
title: Modification of directions, etc.
content:
29L. —(1) The Controller may at any time vary, suspend or revoke the whole or any part of a direction issued to a person under section 29K. (2) Before varying, suspending or revoking a direction or part of a direction, the Controller must serve on the person written notice of the Controller’s intention, unless the Controller considers that it is not practicable or desirable to do so in the particular circumstances of the case. (3) The written notice must — ( a ) state the direction or part of the direction that the Controller intends to vary, suspend or revoke, and (in the case of a variation) the effect of the variation; and ( b ) specify the time (being at least 14 days after the date of service of the written notice on the person) within which any written representation may be given to the Controller, or any representation by the person heard, with respect to the Controller’s intention. (4) On considering any representation made by the person under subsection (3)( b ), the Controller may decide to — ( a ) proceed as intended (including with any modification to the direction or part of the direction as the Controller thinks fit); or ( b ) not proceed as intended, and must serve on the person written notice of the Controller’s decision. (5) If no representation is made to the Controller within the time mentioned in subsection (3)( b ) or if any representation made under that provision is withdrawn, the Controller may proceed as intended (including with any modification as the Controller thinks fit) and must serve on the person written notice of the Controller’s decision. (6) The variation, suspension or revocation takes effect at the time and date specified by the Controller in the written notice of the Controller’s decision. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29M
chapter: PART 3AA - CRUISE TERMINALS
section: 29M
title: Advisory guidelines
content:
29M. —(1) The Controller may issue advisory guidelines for the purposes of providing practical guidance or certainty in respect of one or more requirements imposed under this Part or any regulations made for the purposes of this Part. (2) The advisory guidelines may — ( a ) be of general or specific application; or ( b ) specify that different provisions of the advisory guidelines apply to different circumstances, or apply to different persons or classes of persons. (3) The Controller may amend or revoke the whole or part of any advisory guidelines issued under subsection (1). (4) Advisory guidelines issued or amended under this section do not have any legislative effect. (5) Where a person fails to comply with any provision of any advisory guidelines issued under this section applicable to the person — ( a ) the failure does not of itself render the person liable to criminal proceedings; but ( b ) the failure may, whether in civil or criminal proceedings, be relied on by any party to the proceedings as tending to establish or to negate any liability that is in question in the proceedings. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29N
chapter: PART 3AA - CRUISE TERMINALS
section: 29N
title: Security deposit against contraventions by cruise terminal licensee
content:
29N. —(1) The Controller may, by written direction to a cruise terminal licensee, require the licensee to provide or further provide a performance bond, guarantee or other form of security on the terms and conditions determined by the Controller, of such amount and within such time as the Controller thinks appropriate. (2) The Controller may use the security to meet the whole or any part of any financial penalty imposed on the cruise terminal licensee that is unpaid. (3) The use of the security mentioned in subsection (2) does not affect the taking of proceedings against any person for any contravention under this Part or any regulations made for the purposes of this Part. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29O
chapter: PART 3AA - CRUISE TERMINALS
section: 29O
title: Charges for provision of cruise port services and facilities
content:
29O. —(1) A cruise terminal licensee must ensure that any charges imposed by the cruise terminal licensee for the provision of any cruise port services and facilities at the cruise terminal to which its cruise terminal licence relates (whether provided by the cruise terminal licensee or any other person, and whether in connection with a cruise ship or any other type of ship), complies with the prevailing pricing framework set by the Controller. (2) Regulations made under section 45 may provide for the methodology or terms in accordance with which the Controller must set any pricing framework for the purposes of subsection (1), including one or more of the following: ( a ) a maximum price or the maximum rate of increase or the minimum rate of decrease in maximum price; ( b ) an average price or the average rate of increase or decrease in the average price; ( c ) by reference to a general price index, the cost of production, revenue, a rate of return on assets, a rate of return on financial capital, a margin of turnover or profit, or any other factor; ( d ) by reference to quantity, location or the period of the provision of the cruise port services and facilities; ( e ) by reference to other financial indicators (including the rate of return of turnover or profit margin). (3) Regulations made under section 45 may further require that any charges (including any change in charges) be approved by the Controller. (4) Despite section 29G(1)( k ), where a cruise terminal licensee fails to comply with subsection (1), the financial penalty that the Controller may impose on the cruise terminal licensee under section 29G(1) is an amount not exceeding the highest of the following: ( a ) 120% (or such other higher or lower percentage as the Minister may by order in the Gazette prescribe in substitution) of the total charges in excess for each year or part of a year during which those charges are in excess; ( b ) 1% of the annual turnover of that part of the cruise terminal licensee’s business to which its cruise terminal licence relates, as ascertained from the licensee’s latest audited accounts; ( c ) $100,000. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29P
chapter: PART 3AA - CRUISE TERMINALS
section: 29P
title: Power to require imposition of charges, late payment interest, etc.
content:
29P. —(1) The Controller may require a cruise terminal licensee to impose on and collect from any person (including by a specified method of collection), or not to impose on or collect from any person, any charges or security deposits associated with the provision of any cruise port services and facilities at the cruise terminal to which its cruise terminal licence relates (including for the booking or cancellation of booking of any berth slot at the cruise terminal). (2) The Controller may require a cruise terminal licensee to impose on any person liable to pay any charge or provide any security deposit under subsection (1), interest for the late payment of the charge or the late provision of the security deposit, and to collect the interest (including by a method of collection specified by the Controller). (3) The Controller may specify the rate of interest for the purposes of subsection (2) or may permit the cruise terminal licensee to determine the rate. (4) A cruise terminal licensee — ( a ) must take all reasonable steps available to collect any charge, security deposit or late interest required to be collected under this section in accordance with the method specified by the Controller; and ( b ) must not waive the payment or provision of the charge, security deposit or late interest (as the case may be) without the prior written consent of the Controller. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29Q
chapter: PART 3AA - CRUISE TERMINALS
section: 29Q
title: Accounts, statements and records
content:
29Q. —(1) A cruise terminal licensee must — ( a ) in respect of each period specified by the Controller (each called in this section a designated period), prepare in the form and manner required by the Controller, accounts and statements relating to the provision in each designated period of cruise port services and facilities at the cruise terminal to which the cruise terminal licence of the cruise terminal licensee relates (whether or not the cruise port services and facilities are provided by the cruise terminal licensee); ( b ) keep the accounts and statements for each designated period for at least 5 years after the end of the designated period; ( c ) within such time after a designated period as the Controller specifies, provide the Controller with the accounts for the designated period duly audited by an auditor approved by the Controller; and ( d ) keep, in the manner required by the Controller, records that are relevant to the preparation of the accounts and statements for each designated period for at least 5 years after the end of the designated period. (2) A cruise terminal licensee must — ( a ) prepare, in the form and manner required by the Controller, records of the following: (i) in respect of each designated period, records required by the Controller for determining the compliance by the cruise terminal licensee with the provisions of this Part, any regulations made for the purposes of this Part, any condition of the cruise terminal licence of the cruise terminal licensee, or any direction or standard of performance and procedures applicable to the cruise terminal licensee; (ii) records of berth bookings, ship calls and passenger throughput at the cruise terminal to which the cruise terminal licence relates; ( b ) keep the records for a designated period for at least 5 years after the end of the designated period; and ( c ) provide the records to the Controller within the period and in the manner required by the Controller. (3) The accounts and statements mentioned in subsection (1), and the records mentioned in subsection (2), must be prepared so as to correctly record and explain the matters or things to which they relate. (4) Subject to subsection (5), a cruise terminal licensee who, without reasonable excuse, contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. (5) Any person who — ( a ) intentionally alters, suppresses or destroys any account, statement or record which is required under this section; ( b ) in giving any account, statement or record required under this section, makes any statement which the person knows to be false or misleading (including as a result of any omission) in any material particular; or ( c ) refuses to give any account, statement or record as required under this section, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [Act 28 of 2022 wef 01/04/2023] Division 4 &#x2014; Restrictions on ownership of
cruise terminal licensees, etc. Subdivision (1) &#x2014; Unacceptable situations


document_id: stba-1963
provision_ref: s29R
chapter: PART 3AA - CRUISE TERMINALS
section: 29R
title: Control of equity interest or voting control in cruise terminal licensee
content:
29R. —(1) A person must not, whether through a series of transactions over a period of time or otherwise — ( a ) become a 5% controller of a cruise terminal licensee without giving written notice to the Controller of that fact; or ( b ) become a 25% controller, a 50% controller or an indirect controller of a cruise terminal licensee without obtaining the prior written approval of the Controller. (2) The written notice under subsection (1)( a ) must be given within 7 days after the person becomes a 5% controller of the cruise terminal licensee. (3) The Controller may approve an application under subsection (1)( b ) if the Controller is satisfied that — ( a ) the person who is to be a 25% controller, a 50% controller or an indirect controller of the cruise terminal licensee (as the case may be) is a fit and proper person; ( b ) having regard to the person’s likely influence, the cruise terminal licensee will continue to conduct its business prudently and comply with the provisions of this Act; and ( c ) it is in the public interest to do so. (4) Any approval by the Controller under this section may be granted subject to any conditions that the Controller considers appropriate. (5) Any condition subject to which the Controller’s approval under this section is granted has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, trust deed or other constitution of the cruise terminal licensee. (6) A cruise terminal licensee must give written notice to the Controller if any person acquires equity interest in the cruise terminal licensee, whether through a series of transactions over a period of time or otherwise, that would result in the person becoming a 5% controller, a 25% controller, a 50% controller or an indirect controller of the cruise terminal licensee. (7) The written notice under subsection (6) must be given within 7 days after the person becomes a 5% controller, a 25% controller, a 50% controller or an indirect controller of the cruise terminal licensee. (8) Any person who contravenes subsection (1) or (6) 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 3 years or to both. (9) Where a person is charged with an offence in respect of a contravention of subsection (1) or (6), it is a defence for the person to prove that — ( a ) the person was not aware of the contravention when it occurred; ( b ) the person has within 14 days after becoming aware of the contravention, notified the Controller of the contravention; and ( c ) where the Controller issued any direction under section 29T to the person in relation to the contravention — (i) the person complied with the direction within the period specified by the Controller under that section; or (ii) the period specified by the Controller under that section for the compliance of the direction has not expired. (10) Where a person is charged with an offence in respect of a contravention of subsection (1)( a ) or ( b ), it is also a defence for the person to prove that, even though the person was aware of the contravention — ( a ) the contravention occurred as a result of an increase in the holding of equity interest, or in the voting power controlled, by any of the person’s associates; ( b ) the person has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of equity interests or other interests in, or under which they act together in exercising their voting power in relation to, the cruise terminal licensee; ( c ) the person has within 14 days after the date of the contravention, notified the Controller of the contravention; and ( d ) where the Controller issued any direction under section 29T to the person in relation to the contravention — (i) within the period specified by the Controller under that section, complied with the direction; or (ii) the period specified by the Controller under that section for the compliance of the direction has not expired. (11) Except as provided in subsections (9) and (10), it is not a defence for a person charged with an offence in respect of a contravention of subsection (1) or (6) to prove that the person did not intend to or did not knowingly contravene subsection (1) or (6). [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29S
chapter: PART 3AA - CRUISE TERMINALS
section: 29S
title: Acquisition of cruise terminal licensee as going concern
content:
29S. —(1) A person must not, whether or not the person has obtained any approval of the Controller under section 29R(1)( b ) or is exempted from section 29R(1), acquire as a going concern the business of a cruise terminal licensee conducted pursuant to its licence for a cruise terminal, unless the person and the cruise terminal licensee have obtained the prior written approval of the Controller. (2) The Controller may approve an application under subsection (1) if the Controller is satisfied that — ( a ) the person acquiring the business is a fit and proper person; ( b ) the acquisition will not affect the proper operation of the cruise terminal concerned; and ( c ) it is in the public interest to do so. (3) Any approval by the Controller under this section may be granted subject to any condition as the Controller considers appropriate. (4) Any condition imposed by the Controller under this section has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, trust deed or other constitution of the cruise terminal licensee. (5) An application for the Controller’s approval under subsection (1) must — ( a ) be made jointly by the person and the cruise terminal licensee; and ( b ) be made in such form and manner as the Controller may specify. (6) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29T
chapter: PART 3AA - CRUISE TERMINALS
section: 29T
title: Remedial directions
content:
29T. —(1) The Controller may issue any direction to a person under subsection (2) or (3) if the Controller is satisfied that — ( a ) the person has contravened section 29R(1)( b ) or 29S(1); ( b ) in the case of a person who has obtained the Controller’s approval under section 29R(1)( b ) or who has been exempted from section 29R(1)( b ) — (i) the person is not or ceases to be a fit and proper person; (ii) having regard to the person’s likely influence, the cruise terminal licensee is not, or is no longer, likely to conduct the business of the cruise terminal licensee prudently or to comply with the provisions of this Act; or (iii) it is not, or it is no longer, in the public interest to allow the person to continue to be a 25% controller, a 50% controller or an indirect controller of the cruise terminal licensee, as the case may be; ( c ) in the case of a person who has obtained the Controller’s approval under section 29S(1) or who has been exempted from section 29S(1), and who has acquired as a going concern a business mentioned in section 29S(1) — (i) the person is not or ceases to be a fit and proper person; (ii) the person is not or is no longer able to properly operate the cruise terminal; or (iii) it is not, or it is no longer, in the public interest to allow the person to continue to own or manage that business; ( d ) any condition of approval imposed on the person under section 29R or 29S has not been complied with; ( e ) the person has provided any false or misleading (including as a result of an omission) information or documents in connection with the person’s application for approval under section 29R or 29S; or ( f ) the Controller would not have granted its approval under section 29R or 29S had the Controller been aware, at that time, of circumstances relevant to the person’s application for such approval. (2) Where the person is a 25% controller, a 50% controller or an indirect controller of a cruise terminal licensee, the Controller may — ( a ) direct the person to take such steps as are necessary, within such period as the Controller may specify, to ensure that the person ceases to be a 25% controller, a 50% controller or an indirect controller of the cruise terminal licensee; ( b ) direct the transfer or disposal of all or any of the equity interest held by the person or any of the person’s associates (called in this section and section 29U the specified equity interest) within such period and subject to such conditions as the Controller may specify; ( c ) restrict the transfer or disposal of the specified equity interest; or ( d ) make any other direction the Controller considers appropriate. (3) Where the person has acquired as a going concern a business mentioned in section 29S(1), the Controller may — ( a ) direct the person to transfer or dispose of all or any part of the business within such period and subject to such conditions as the Controller may specify; ( b ) restrict the transfer or disposal of all or any part of the business; or ( c ) make any other direction the Controller considers appropriate. (4) Before issuing any direction to a person under subsection (2) or (3), the Controller must, unless the Controller decides that it is not practicable or desirable to do so, give to the person written notice of the Controller’s intention to issue the direction and specify a date by which the person may make written representations with regard to the proposed direction. (5) On receipt of any written representation mentioned in subsection (4), the Controller must consider it for the purpose of determining whether to issue the proposed direction. (6) A person to whom a direction is issued under this section must comply with the direction. (7) Any person who contravenes subsection (6) 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 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. (8) The Controller may, at any time, rescind, vary or discharge any direction given by the Controller under this section or suspend the operation of any such direction. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29U
chapter: PART 3AA - CRUISE TERMINALS
section: 29U
title: Effect of remedial directions
content:
29U. —(1) Any direction issued to a person under section 29T takes effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, trust deed or other constitution of the cruise terminal licensee. (2) Where any direction is issued under section 29T(2)( a ) or ( b ), despite the provisions of any other written law or anything contained in the memorandum or articles of association, trust deed or other constitution, of the cruise terminal licensee — ( a ) no voting right is exercisable in respect of the specified equity interest unless the Controller expressly permits the exercise of those rights; ( b ) the voting power that the person to whom the direction is issued controls, whether alone or together with that person’s associates, in the cruise terminal licensee is not exercisable unless the Board expressly permits that power to be exercised; ( c ) no equity interest of the cruise terminal licensee is to be issued or offered (whether by way of rights, bonus or otherwise) in respect of the specified equity interest unless the Controller expressly permits the issue or offer; and ( d ) except in a winding up of the cruise terminal licensee, no payment may be made by the cruise terminal licensee of any amount (whether by way of dividends or otherwise) in respect of the specified equity interest unless the Controller expressly authorises the payment, until the transfer or disposal is effected in accordance with the direction or until the direction is revoked, as the case may be. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29V
chapter: PART 3AA - CRUISE TERMINALS
section: 29V
title: Head office to be in Singapore
content:
29V. —(1) A cruise terminal licensee must ensure that its central management and control is ordinarily exercised at a place within Singapore. (2) A contravention of subsection (1) does not affect the validity of any transaction. [Act 28 of 2022 wef 01/04/2023] Subdivision (2) &#x2014; Definitions


document_id: stba-1963
provision_ref: s29W
chapter: PART 3AA - CRUISE TERMINALS
section: 29W
title: Interpretation of this Division
content:
29W. —(1) In this Division, unless the context otherwise requires — “5% controller”, in relation to a cruise terminal licensee, means a person who, alone or together with the person’s associates — ( a ) holds 5% or more of the total equity interests in; or ( b ) is in a position to control 5% or more of the voting power in, the cruise terminal licensee; “25% controller”, in relation to a cruise terminal licensee, means a person who, alone or together with the person’s associates — ( a ) holds 25% or more of the total equity interests in; or ( b ) is in a position to control 25% or more of the voting power in, the cruise terminal licensee; “50% controller”, in relation to a cruise terminal licensee, means a person who, alone or together with the person’s associates — ( a ) holds 50% or more of the total equity interests in; or ( b ) is in a position to control 50% or more of the voting power in, the cruise terminal licensee; “acquisition” includes an agreement to acquire, but does not include — ( a ) an acquisition by will or by devolution by operation of law; or ( b ) an acquisition by way of enforcement of a loan security; “arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied; “control” includes control as a result of, or by means of, trust, agreement, arrangement, understanding or practice, whether or not having legal or equitable force and whether or not based on legal or equitable rights; “director” has the meaning given by section 4(1) of the Companies Act 1967; “equity interest” means — ( a ) in relation to a cruise terminal licensee that is a corporation — (i) a voting share in that corporation; (ii) an interest in a voting share in that corporation; or (iii) any other legal or equitable interest in a voting share in that corporation except for such interest as is to be disregarded under section 7 of the Companies Act 1967; ( b ) in relation to a cruise terminal licensee that is a trustee-manager of a business trust — a unit in that business trust; ( c ) in relation to a cruise terminal licensee that is a trustee of a trust other than a business trust — any right or interest, whether legal or equitable, in that trust (by whatever name called) which gives the holder of that right or interest voting power in that trust; and ( d ) in relation to any other cruise terminal licensee — any right or interest, whether legal or equitable, in that person which gives the holder of that right or interest voting power in that person, and includes such other interests, or such other interests in such other circumstances, as may be prescribed; “increase” includes an increase from a starting point of nil; “indirect controller”, in relation to a cruise terminal licensee, means any person, whether acting alone or together with any other person, and whether with or without holding equity interests or controlling the voting power in the licensee — ( a ) in accordance with whose directions, instructions or wishes the directors or other officers of the cruise terminal licensee are accustomed or under an obligation, whether formal or informal, to act; or ( b ) who is in a position to determine the policy of the cruise terminal licensee, but does not include any person in accordance with whose directions, instructions or wishes the directors or other officers of the cruise terminal licensee are accustomed to act by reason only that they act on advice given by the person in the person’s professional capacity; “officer” — ( a ) in relation to a corporation, includes — (i) a director, a secretary or an employee of the corporation; (ii) a receiver and manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; or (iii) a liquidator of the corporation appointed in a voluntary winding up; ( b ) in relation to a partnership, includes a partner of the partnership; and ( c ) in relation to a limited partnership or limited liability partnership, includes a partner or manager of the limited liability partnership, and includes (whether in relation to an entity mentioned in paragraph ( a ), ( b ) or ( c ) or any other entity) such other person as may be prescribed; “relative”, in relation to a person, means — ( a ) the person’s spouse; ( b ) a parent or remoter lineal ancestor of the person; ( c ) a son, daughter or remoter issue of the person; or ( d ) a brother or sister of the person; “share”, in relation to a corporation, means a share in the share capital of the corporation, and includes — ( a ) stock into which all or any of the share capital of the corporation has been converted; and ( b ) an interest in such a share or in such stock; “treasury share” has the meaning given by section 4(1) of the Companies Act 1967; “voting share” has the meaning given by section 4(1) of the Companies Act 1967 but does not include a treasury share. (2) In this Division, a person is entitled to acquire anything if the person is absolutely or contingently entitled to acquire it, whether because of any constituent document of a corporation, the exercise of any right or option or for any other reason. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29X
chapter: PART 3AA - CRUISE TERMINALS
section: 29X
title: Meaning of “associate”
content:
29X. —(1) Subject to subsection (3), the following persons are associates of a person: ( a ) a relative of the person; ( b ) a partner of the person; ( c ) a corporation of which the person is an officer; ( d ) if the person is a corporation, an officer of the corporation; ( e ) an employee or employer of the person; ( f ) an officer of a corporation of which the person is an officer; ( g ) an employee of an individual of whom the person is an employee; ( h ) the trustee of a discretionary trust where the person or another person who is an associate of the person by virtue of another paragraph in this subsection benefits, or is capable (whether by exercise of a power of appointment or otherwise) of benefitting, under the trust, either directly or through interposed companies, partnerships or trusts; ( i ) a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person; ( j ) a corporation where the person is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the corporation. (2) If a person (called the first person) enters, or proposes to enter, into an arrangement with another person (called the second person) that relates to any of the following matters: ( a ) the first person and the second person being in a position, by acting together, to control any of the voting power in a cruise terminal licensee; ( b ) the power of the first person and the second person, by acting together, to appoint or remove a director of a cruise terminal licensee; ( c ) the situation where one or more of the directors of a cruise terminal licensee are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the first person and the second person acting together, then, the second person is taken to be an associate of the first person for the purposes of the application of any provision in this Division in relation to the matter concerned. (3) Regulations made under section 45 may provide — ( a ) for persons to be associates in any other circumstances; and ( b ) that any person or class of persons is not an associate of another person for the purposes of any provision of this Part. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29Y
chapter: PART 3AA - CRUISE TERMINALS
section: 29Y
title: Meaning of “voting power”
content:
29Y. —(1) For the purposes of this Division, a reference to the voting power in a cruise terminal licensee is a reference to the total rights of the holders of equity interests in the cruise terminal licensee to vote, or participate in any decision‐making, concerning any of the following: ( a ) the making of distributions of capital or profits of the cruise terminal licensee to holders of its equity interests; ( b ) the memorandum or articles of association of the cruise terminal licensee, or any rules or other documents constituting the cruise terminal licensee or governing its activities; ( c ) any variation of the share capital of the cruise terminal licensee. (2) Where a cruise terminal licensee is a corporation limited both by shares and by guarantee or does not have a share capital, subsection (1) has effect as if the members or policy holders of the corporation were shareholders in the corporation. (3) A reference in this Division to control of a percentage of the voting power in a cruise terminal licensee is a reference to control that is direct or indirect, including control that is exercisable as a result of or by means of arrangements or practices, whether or not having legal or equitable force and whether or not based on legal or equitable rights, of that percentage of the total number of votes that may be cast in a general meeting of the cruise terminal licensee. (4) If the percentage of total rights to vote or participate in decision-making differs as between different types of voting or decision-making, the highest of those percentages applies for the purposes of this Division. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29Z
chapter: PART 3AA - CRUISE TERMINALS
section: 29Z
title: What it means to hold equity interest
content:
29Z. —(1) A person holds an equity interest under this Division if the person — ( a ) has or is deemed to have an equity interest in accordance with subsections (2) to (8); or ( b ) has any legal or equitable interest in the equity interest. (2) Subject to subsection (3), a person has an equity interest if the person has authority (whether formal or informal, or express or implied) to dispose of, or to exercise control over the disposal of, that equity interest. (3) It is immaterial that the authority of a person to dispose of, or to exercise control over the disposal of, the equity interest mentioned in subsection (2) is, or is capable of being made, subject to restraint or restriction. (4) It is immaterial, for the purposes of determining whether a person has an equity interest, that the interest cannot be related to a particular share, an interest, a right or a unit that gives its holder voting power. (5) A person is deemed to have an equity interest if — ( a ) any property held in trust consists of or includes the equity interest; and ( b ) the person knows, or has reasonable grounds for believing, that the person has an interest under that trust. (6) A person is also deemed to have an equity interest if — ( a ) the person has entered into a contract to purchase the equity interest; ( b ) the person has a right (otherwise than because of having an interest under a trust) to have the equity interest transferred to the person or to the person’s order (whether the right is exercisable presently or in the future and whether or not on the fulfilment of a condition); ( c ) the person has a right to acquire the equity interest, or an interest in the equity interest, under an option (whether the right is exercisable presently or in the future and whether or not on the fulfilment of a condition); or ( d ) the person is entitled (otherwise than because of having been appointed as a proxy or representative to vote at a meeting of members of the corporation or of a class of its members) to exercise or control the exercise of a right attached to the equity interest, not being an equity interest in which that person has a legal or equitable interest. (7) A person is not to be deemed as not having an equity interest by reason only that the person has the equity interest jointly with another person. (8) An equity interest is not to be disregarded only because of — ( a ) its remoteness; ( b ) the manner in which it arose; or ( c ) the fact that the exercise of a right conferred by the equity interest is, or is capable of being made, subject to restraint or restriction. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29ZA
chapter: PART 3AA - CRUISE TERMINALS
section: 29ZA
title: Certain equity interests to be disregarded
content:
29ZA. Regulations made under section 45 may provide that any equity interest is to be disregarded for the purposes of any provision in this Division. [Act 28 of 2022 wef 01/04/2023] Division 5 &#x2014; Special administration orders


document_id: stba-1963
provision_ref: s29ZB
chapter: PART 3AA - CRUISE TERMINALS
section: 29ZB
title: Meaning and effect of special administration order
content:
29ZB. —(1) A special administration order is an order of the Minister made in accordance with section 29ZC in relation to a cruise terminal licensee that is an entity, a trustee-manager of a business trust or a trustee of a trust and directing that, during the period for which the order is in force, the affairs, business and property of the cruise terminal licensee, and of the business trust or the trust (as the case may be), are to be managed by the Board — ( a ) for the achievement of all or any of the purposes of such an order; and ( b ) in a manner which protects the respective interests of the shareholders, unitholders or beneficiaries (as the case may be), and the creditors and customers of the cruise terminal licensee. (2) The purposes of a special administration order made in relation to any cruise terminal licensee are — ( a ) the availability and reliability of the provision of cruise port services and facilities to the public; ( b ) the survival of the cruise terminal licensee, and of the business trust or the trust (as the case may be), or the whole or part of its undertaking as a going concern; ( c ) the transfer, as a going concern — (i) to another entity or the Board; or (ii) (as respects different parts of the area to which the cruise terminal licence relates, or different parts of its undertaking) to 2 or more entities, or to one or more entities and the Board, of so much of the cruise terminal licensee’s undertaking as is necessary to transfer in order to ensure that the functions which have been vested in the cruise terminal licensee by virtue of its cruise terminal licence may be properly carried out; and ( d ) the carrying out of those functions pending the making of the transfer and the vesting of those functions in the other entity or entities or the Board (whether by virtue of the transfer or of an authorisation or a variation which replaces the former cruise terminal licensee as a cruise terminal licensee). (3) The Minister may make regulations for giving effect to this Division, including — ( a ) regulations governing the transfer of a business or an undertaking mentioned in subsection (2)( c ); and ( b ) where a special administration order is made in respect of a cruise terminal licensee that is a corporation, regulations applying, omitting or modifying provisions of Parts 7 and 9 of the Insolvency, Restructuring and Dissolution Act 2018. (4) In this section, “entity” means a sole proprietorship, partnership, corporation or other body of persons, whether corporate or unincorporate. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29ZC
chapter: PART 3AA - CRUISE TERMINALS
section: 29ZC
title: Special administration order made on application by Board
content:
29ZC. —(1) If, on an application made to the Minister by the Board, the Minister is satisfied in relation to a cruise terminal licensee that any one or more of the grounds specified in subsection (2) are satisfied in relation to the cruise terminal licensee, the Minister may make any one or more of the following orders: ( a ) a special administration order in relation to the cruise terminal licensee; ( b ) an order requiring the cruise terminal licensee to immediately take any action or to do or not to do any act or thing in relation to its business as the Minister may consider necessary; ( c ) an order appointing a person to advise the cruise terminal licensee on the proper conduct of its business. (2) The grounds mentioned in subsection (1) are that — ( a ) the cruise terminal licensee is or is likely to be unable to pay its debts; ( b ) the Minister considers it in the interest of the availability and reliability of the provision of cruise port services and facilities to the public; or ( c ) the Minister otherwise considers it in the public interest. (3) Notice of any application under subsection (1) must be given immediately by the Board to such persons and in such manner as may be prescribed. (4) Any decision of the Minister under subsection (1) is final. (5) For the purposes of this section — ( a ) a cruise terminal licensee that is a company is unable to pay its debts if it is deemed to be unable to pay its debts under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018; ( b ) a cruise terminal licensee that is an unregistered company is unable to pay its debts if it is deemed to be unable to pay its debts under section 246(2) of the Insolvency, Restructuring and Dissolution Act 2018; and ( c ) a cruise terminal licensee that is a limited liability partnership is unable to pay its debts if it is deemed to be unable to pay its debts under paragraph 3(2) of the Fifth Schedule to the Limited Liability Partnerships Act 2005. (6) Where the Minister issues an order to a person under subsection (1) and the person fails to comply with that order, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29ZD
chapter: PART 3AA - CRUISE TERMINALS
section: 29ZD
title: Transfer of property, etc., under special administration order
content:
29ZD. —(1) Without affecting sections 29ZB and 29ZC, a special administration order may provide for the following matters: ( a ) the transfer to one or more transferees of — (i) where the cruise terminal licensee is not a trustee-manager of a business trust or a trustee of a trust — the property, rights and liabilities of the cruise terminal licensee; (ii) where the cruise terminal licensee is a trustee-manager of a business trust — the trust property of the registered business trust, and the rights held and the liabilities incurred by the trustee-manager in the capacity of trustee-manager of the business trust; or (iii) where the cruise terminal licensee is a trustee of a trust — the trust property of the trust, and the rights held and the liabilities incurred by the trustee in the capacity of trustee of the designated trust, as the case may be; ( b ) matters that are consequential or related to any such transfer. (2) If the Minister makes a special administration order providing for any matter referred to in subsection (1), the Minister must, within 6 months after the making of the order, by notification in the Gazette , establish a scheme for determining the amount of any compensation payable to the cruise terminal licensee for the transfer of its property, rights and liabilities. (3) A scheme established under subsection (2) may provide for — ( a ) the manner in which any compensation or consideration is to be assessed, including methods of calculation, valuation dates and matters to be taken into account or disregarded when making valuations; ( b ) the assessment to be made by an independent valuer appointed by the Minister; and ( c ) the remuneration and expenses of the independent valuer. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s29ZE
chapter: PART 3AA - CRUISE TERMINALS
section: 29ZE
title: Remuneration and expenses of Board and others
content:
29ZE. —(1) Where a special administration order has been made under section 29ZC(1)( a ) in relation to a cruise terminal licensee, the Board may, at any time, whether or not the order is still in force, fix the remuneration and expenses to be paid by the cruise terminal licensee to the Board for the management by the Board of the affairs, business and property of the cruise terminal licensee, or of the business trust or the trust (as the case may be) pursuant to the special administration order. (2) The Board may at any time (whether or not the appointment of the person has terminated) fix the remuneration and expenses to be paid by a cruise terminal licensee to any person appointed by the Minister under section 29ZC(1)( c ) to advise the cruise terminal licensee in the proper conduct of its business. [Act 28 of 2022 wef 01/04/2023] Division 6 &#x2014; Restrictions on winding up, etc.


document_id: stba-1963
provision_ref: s29ZF
chapter: PART 3AA - CRUISE TERMINALS
section: 29ZF
title: Restrictions on winding up, etc.
content:
29ZF. —(1) Despite any other written law — ( a ) a cruise terminal licensee that is a corporation, a limited liability partnership, a trustee-manager of a business trust or a trustee of a trust must not be wound up, dissolved or terminated voluntarily without the consent of the Board; ( b ) a cruise terminal licensee that is a partnership cannot be dissolved — (i) by a partner giving notice to the other partner or other partners (as the case may be) of the partner’s intention to dissolve the partnership; or (ii) by the partners agreeing to dissolve the partnership, without the consent of the Board; ( c ) a person must not make any application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a cruise terminal licensee that is a company, unless that person has served on the Board 14 days’ written notice of that person’s intention to make that application; ( d ) no judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 may be made in relation to a cruise terminal licensee that is a company without the consent of the Board; ( e ) no interim judicial manager or judicial manager may be appointed under section 94 of the Insolvency, Restructuring and Dissolution Act 2018 in respect of a cruise terminal licensee that is a company without the consent of the Board; ( f ) a person must not take any step to enforce any security over the property of the cruise terminal licensee, business trust or trust (as the case may be) unless that person has served on the Board 14 days’ written notice of that person’s intention to take that step; and ( g ) a person must not take any step to enforce any judgment or order of court obtained against a cruise terminal licensee, unless that person has served on the Board 14 days’ written notice of that person’s intention. (2) The Board must be a party to — ( a ) any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a cruise terminal licensee that is a company; ( b ) any proceedings relating to the making of a judicial management order under the Insolvency, Restructuring and Dissolution Act 2018 in relation to a cruise terminal licensee that is a company; ( c ) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of a cruise terminal licensee that is a company or an unregistered company; ( d ) any proceedings under the Limited Liability Partnerships Act 2005 relating to the winding up of the affairs of a cruise terminal licensee that is a limited liability partnership; and ( e ) any proceedings before any court for the winding up, dissolution or termination (as the case may be) of any cruise terminal licensee not mentioned in paragraph ( c ) or ( d ), or of any business trust or trust for which the cruise terminal licensee is the trustee-manager or trustee. (3) A court must, when deciding any proceedings mentioned in subsection (2), take into consideration any representations made by the Board in those proceedings. [Act 28 of 2022 wef 01/04/2023] Division 7 &#x2014; Miscellaneous


document_id: stba-1963
provision_ref: s29ZG
chapter: PART 3AA - CRUISE TERMINALS
section: 29ZG
title: Power to publish information
content:
29ZG. The Controller may, where the Controller thinks it necessary or expedient in the interest of the public or pursuant to any function of the Controller, and in such form and manner as the Controller thinks fit, publish or require a cruise terminal licensee to publish information, including in relation to — ( a ) the charges, or the parameters and policies affecting the charges, applicable to the utilisation of cruise port services and facilities; ( b ) the policies, instructions or frameworks relating to the allocation of berth slots; ( c ) the behaviour of, performance of or compliance by a cruise terminal licensee in respect of any licence conditions, standards of performance and procedures, and policies or requirements, applicable to the licensee and any regulatory action taken by the Controller against the licensee under this Part or regulations made for the purposes of this Part; and ( d ) cruise ship calls to Singapore and local and foreign cruise passenger throughput (including disembarkation, embarkation, and transit passengers). [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s30
chapter: PART 3B - POWERS OF ENFORCEMENT, ETC.
section: 30
title: Interpretation of this Part
content:
30. —(1) In this Part, unless the context otherwise requires — “premises” includes — ( a ) any building or structure, whether permanent or temporary; ( b ) any land, whether built on or not; ( c ) any place, whether open or enclosed, including any place situated underground or underwater; ( d ) any vehicle, vessel, train or aircraft; and ( e ) any part of any premises referred to in paragraphs ( a ) to ( d ); “tourist guide” has the meaning given by section 20; “tourist guides regulations” means any regulations made under section 45 relating to tourist guides. [7/2014] (2) A reference in this Part to — ( a ) any provision of Part 3A includes a reference to any provision of any tourist guides regulations; and ( b ) any offence under Part 3A includes a reference to any offence under any tourist guides regulations. [19K [7/2014]


document_id: stba-1963
provision_ref: s31
chapter: PART 3B - POWERS OF ENFORCEMENT, ETC.
section: 31
title: Power to enter, inspect and search, etc.: Part 3A
content:
31. —(1) An inspecting officer has power to do all or any of the following: ( a ) enter and inspect, at any reasonable time, any premises if the inspecting officer has reasonable grounds to believe that any individual is acting as a tourist guide therein; ( b ) enter and search, at any reasonable time, any premises if the inspecting officer has reasonable grounds to believe that any individual is committing or has committed therein the offence under section 21(3) of acting as a tourist guide without a valid licence, and take possession or make copies of any thing found therein which the inspecting officer reasonably believes to be connected to the commission of the offence; ( c ) subject to subsections (3) and (4), search any individual found within any premises mentioned in paragraph ( b ) whom the inspecting officer reasonably believes to have committed an offence under Part 3A, and take possession or make copies of any thing found on that individual which the inspecting officer reasonably believes to be connected to the commission of the offence; ( d ) take such photographs, or audio or video recordings, as the inspecting officer thinks necessary of any premises mentioned in paragraph ( a ) or ( b ) (including anything therein), or of any individual whom the inspecting officer reasonably believes to be acquainted with the facts or circumstances of any alleged or suspected contravention of any provision of Part 3A. [7/2014] (2) The owner, occupier or operator of any premises mentioned in subsection (1)( a ) or ( b ) must provide to an inspecting officer such assistance, cooperation or means required by the inspecting officer as is necessary for his or her entry into, and inspection or search of, the premises under subsection (1)( a ) or ( b ). [7/2014] (3) A woman must not be searched under subsection (1)( c ) except by another woman with strict regard to decency. [7/2014] (4) The power to take possession of any thing found on a person searched under subsection (1)( c ) does not include necessary wearing apparel found on him or her. [7/2014] (5) Any thing taken possession of by an inspecting officer under subsection (1)( b ) or ( c ) or under section 33(6) — ( a ) must be placed in safe custody by the inspecting officer; and ( b ) unless ordered otherwise by a court, may be retained by the inspecting officer until the completion of any proceedings (including proceedings on appeal) in which it may be evidence. [7/2014] (6) An inspecting officer may detain a person mentioned in subsection (1)( c ) until the person and the premises in which the person is found have been searched. [19L [7/2014] [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s32
chapter: PART 3B - POWERS OF ENFORCEMENT, ETC.
section: 32
title: Power to require evidence as to identity, etc., and power to arrest
content:
32. —(1) An inspecting officer may require any person whom the inspecting officer reasonably believes to have committed an offence under Part 3A to provide any evidence establishing, to the satisfaction of the inspecting officer, the person’s identity, nationality or residential address. [7/2014] (2) An inspecting officer may arrest without warrant any person who is required to provide any evidence under subsection (1) if — ( a ) the person fails to provide such evidence; or ( b ) the inspecting officer has reason to believe that any evidence provided by the person is false. [7/2014] (3) In making the arrest, the inspecting officer — ( a ) must touch or confine the body of the person to be arrested unless he or she submits to arrest by word or action; and ( b ) may use all reasonable means necessary to make the arrest if the person to be arrested forcibly resists or tries to evade arrest, and the person arrested must not be restrained more than is necessary to prevent his or her escape. [7/2014] (4) Any person arrested under subsection (2) must be brought to a police station as soon as reasonably practicable and may, if required by a police officer of or above the rank of sergeant, be released upon signing a bond, with or without surety, to appear before a Magistrate. [7/2014] (5) If the person refuses or is unable to sign the bond as required, he or she must, within 24 hours of the arrest (excluding the time necessary for the journey to a Magistrate’s Court), be brought before a Magistrate’s Court. [7/2014] (6) The person who is brought before a Magistrate’s Court under subsection (5) may — ( a ) be ordered to be detained in custody until he or she can be tried; or ( b ) if so required by the Magistrate, be released upon signing a bond, with or without surety, to appear before a Magistrate’s Court. [19M [7/2014]


document_id: stba-1963
provision_ref: s32A
chapter: PART 3B - POWERS OF ENFORCEMENT, ETC.
section: 32A
title: Powers to enter and inspect, and conduct surveys, etc.: Part 3AA
content:
32A. —(1) The Controller or an inspecting officer may, for the purpose of administering, enforcing or monitoring compliance with Part 3AA or regulations made for the purposes of that Part, enter any cruise terminal at any reasonable time to do one or more of the following: ( a ) inspect the cruise terminal, and examine any thing or any activity conducted in or at the cruise terminal; ( b ) without affecting section 32B, 33 or 35A — (i) examine and require the production of any books, documents, electronic records, or other records of any person relating to the business of providing any cruise port services and facilities at the cruise terminal; and (ii) make copies or records of, or take possession of, any information contained in any book, document, electronic record or other record mentioned in sub-paragraph (i); ( c ) take photographs or audio or video recordings of the cruise terminal and any thing or any activity conducted in or at the cruise terminal. (2) The Controller or an inspecting officer may, under a warrant of a Magistrate’s Court or District Court, seize any thing found in or at any cruise terminal which the Controller or inspecting officer reasonably suspects is evidential material relevant to an offence under Part 3AA or regulations made for the purposes of that Part. (3) The Controller may authorise any person to enter a cruise terminal at any reasonable time to do one or more of the following, for one or more purposes in subsection (4): ( a ) take photographs or audio or video recordings of the cruise terminal; ( b ) conduct surveys for the Controller. (4) The following are the purposes for subsection (3): ( a ) to ascertain the level of operational efficiency at the cruise terminal; ( b ) to ascertain the satisfaction level of any person at the cruise terminal with the services and facilities provided there; ( c ) to obtain information from cruise ship passengers and crew in connection with Singapore as their travel or tourist destination. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s32B
chapter: PART 3B - POWERS OF ENFORCEMENT, ETC.
section: 32B
title: Power to obtain information: Parts 3A and 3AA
content:
32B. —(1) Without affecting section 32A, 33 or 35A, the Board, the Controller or an inspecting officer may, by written notice require a licensee in Part 3A or a cruise terminal licensee in Part 3AA (each called in this section the specified licensee) to provide, within a reasonable period specified in the notice, and in the form and manner that may be specified in the notice, all information and documents which — ( a ) relate to any matter which the Board, the Controller or the inspecting officer considers necessary for the purpose of administering, enforcing or monitoring compliance with Part 3A or 3AA or regulations made for the purposes of Part 3A or 3AA, as the case may be; and ( b ) are — (i) within the knowledge of the specified licensee; or (ii) in the custody or under the control of the specified licensee. (2) The power to require a specified licensee to provide any information or document under subsection (1) includes the power — ( a ) to require the specified licensee to provide an explanation of the information or document; ( b ) if the information or document is not provided, to require the specified licensee to state, to the best of the knowledge and belief of the specified licensee, where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the Board, the Controller or an inspecting officer in legible form. (3) The Board is entitled without payment to keep any information or document, or any copy or extract thereof, provided to the Board, the Controller or an inspecting officer under subsection (1). [Act 28 of 2022 wef 01/04/2023]


