# legal_provisions

document_id: tca-1988
provision_ref: s61
chapter: PART 6A - INSPECTION AND OFFICIAL MANAGEMENT
section: 61
title: Remedial action to rectify deficiencies
content:
61. —(1) This section applies where, from the report of a compliance review under section 58 or an investigation under section 59 or otherwise, the Minister is of the opinion — ( a ) that deficiencies have been identified in the conduct of a Town Council’s affairs and that action must be taken to address them; or ( b ) that an irregularity has occurred, or is occurring, in the administration of a Town Council’s financial affairs. [17/2017] (2) The Minister may by order (called in this Part a rectification order) given in writing to the Town Council, require the Town Council — ( a ) to take specified remedial action to address the deficiencies within a specified period and to report to the Minister, at the end of the specified period (called the compliance date), on the action taken to give effect to the requirement; or ( b ) to take specified action to correct the irregularity or to guard against the recurrence of irregularities (or both) at the end of the specified period (called the compliance date). [17/2017] (3) The Minister may, on application by the Town Council concerned, postpone the compliance date from time to time. [17/2017] (4) If a Town Council fails to comply with a rectification order by the compliance date, the Town Council 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 $50 for every day or part of a day during which the offence continues after conviction. [43D [17/2017]


document_id: tca-1988
provision_ref: s62
chapter: PART 6A - INSPECTION AND OFFICIAL MANAGEMENT
section: 62
title: Inspectors of Town Councils
content:
62. —(1) The Minister may appoint as inspectors of Town Councils — ( a ) one or more public officers; ( b ) one or more employees of the Board; or ( c ) one or more other individuals who have the suitable qualifications and experience to properly exercise the powers of inspectors of Town Councils. [17/2017] (2) The functions of an inspector of Town Councils are — ( a ) to carry out compliance reviews under this Part; and ( b ) to investigate suspected irregularities in or affecting the conduct of a Town Council’s affairs. [17/2017] (3) An inspector of Town Councils may be accompanied by one or more police officers, auxiliary police officers and public accountants to assist the inspector in the discharge of the inspector’s functions. [17/2017] (4) Every inspector acting under section 58 or 60 is deemed to be a public servant for the purposes of the Penal Code 1871. [17/2017] (5) No liability shall be incurred by an inspector as a result of anything done (including any statement made) or omitted to be done with reasonable care and in good faith in the course of or in connection with — ( a ) the exercise or purported exercise of any power under this Part; or ( b ) the performance or purported performance of any function or duty under this Part. [43E [17/2017]


document_id: tca-1988
provision_ref: s63
chapter: PART 6A - INSPECTION AND OFFICIAL MANAGEMENT
section: 63
title: Offences
content:
63. —(1) Any person who, without reasonable excuse, fails to do anything required of the person by notice under section 58(6) or 60(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 and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part of a day during which the offence continues after conviction. [17/2017] (2) Any person who — ( a ) intentionally alters, suppresses or destroys any document or information which the person has been required by notice to produce under section 58(6) or 60(3); or ( b ) in producing any document or information required under section 58(6) or 60(3), makes any statement which the person knows to be false in a material particular or recklessly makes such a statement, 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. [17/2017] (3) If any person fails to comply with a notice under section 58(6) or 60(3), the court may, on the application of an inspector, make such order as the court thinks fit to secure compliance with such notice, and any such order may provide that all the costs and expenses of and incidental to the application must be borne by such person or by any officer of a company or other association who is responsible for the failure. [17/2017] (4) A person is not excused from answering a question or producing evidential material in response to a notice or requirement made by an inspector under this Part on the ground that the answer, or the production of the material, might tend to incriminate the person. [17/2017] (5) Where a person claims, before answering a question or producing evidential material that the person is required by an inspector under this Part to give, that the answer or the production of evidential material might tend to incriminate the person — ( a ) that answer or evidential material; ( b ) the giving of the answer or production of evidential material; and ( c ) any information, document or thing obtained as a direct or indirect consequence of the giving of the answer or the production of evidential material, are not admissible in evidence against that person in any civil proceedings or any criminal proceedings other than proceedings for an offence in respect of the falsity of the answer or evidential material produced. [17/2017] (6) Subsection (5) applies despite any other written law. [43F [17/2017]


document_id: tca-1988
provision_ref: s64
chapter: PART 6A - INSPECTION AND OFFICIAL MANAGEMENT
section: 64
title: Official management of Town Councils
content:
64. —(1) If the Minister is satisfied — ( a ) that a Town Council has failed to keep or maintain any part of the common property of any residential or commercial property in the housing estates of the Board within the Town of the Town Council in a state of good and serviceable repair and in a proper and clean condition; or ( b ) that any duty of a Town Council must be carried out urgently in order to remove any danger to the health or safety of residents of the housing estates of the Board within the Town of the Town Council, and that the Town Council refuses or is unable to carry out that duty, and the Minister is of the opinion that it is inappropriate for the Town Council to continue without official management, the Minister may, by notice in the Gazette , place the Town Council under official management. [17/2017] (2) Before placing a Town Council under official management, the Minister must give at least 7 days’ notice in writing to the chairperson of the Town Council concerned — ( a ) stating that the Minister intends to place the Town Council under official management; and ( b ) specifying the time (not more than 7 days after the date the notice is served on the Town Council) within which written representations may be made to the Minister by or on behalf of the Town Council with respect to the proposed official management. [17/2017] (3) When the Minister places a Town Council under official management, all members of the Town Council are suspended from office unless the Minister indicates otherwise, and the Minister must appoint a suitable person to manage the affairs, business and property of the Town Council (called in this Part an official manager). [17/2017] (4) Any decision of the Minister under subsection (1) is final. [17/2017] (5) An official manager ceases to manage the affairs, business and property of the Town Council when the Minister is satisfied that the reasons for the official manager’s appointment have ceased to exist or the appointment is earlier revoked by the Minister. [17/2017] (6) Where by reason of subsection (5), an official manager ceases to manage the affairs, business and property of a Town Council, the Minister must without delay cause to be published a notice to that effect — ( a ) in the Gazette ; and ( b ) in such other manner as will secure adequate publicity for that ceasing. [43G [17/2017]


document_id: tca-1988
provision_ref: s65
chapter: PART 6A - INSPECTION AND OFFICIAL MANAGEMENT
section: 65
title: Official manager
content:
65. —(1) An official manager appointed under section 64 for a Town Council has full power to transact any business of the Town Council and to do anything else the Town Council could have done but for the suspension of its members. [17/2017] (2) An official manager appointed under section 64 for a Town Council may act in the official manager’s own name, or in the name of the Town Council, and despite section 6, may execute a document under the common seal of the Town Council. [17/2017] (3) The Minister may at any time fix the terms and conditions of the appointment of an official manager, including (whether or not the appointment of the person has terminated) the remuneration to be paid to the official manager. [17/2017] (4) The remuneration of an official manager appointed under section 64 for a Town Council is payable from the Town Council Fund of the Town Council. [17/2017] (5) Any decision of the Minister under subsection (3) is final. [17/2017] (6) No liability shall be incurred by an official manager as a result of anything done (including any statement made) or omitted to be done with reasonable care and in good faith in the course of or in connection with — ( a ) the exercise or purported exercise of any power under this Part; or ( b ) the performance or purported performance of any function or duty under this Part. [43H [17/2017]


document_id: tca-1988
provision_ref: s66
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 66
title: Recovery of conservancy and service charges from sale of flat
content:
66. —(1) Where any conservancy and service charges levied in respect of any flat by a Town Council under section 53 remain unpaid on the expiry of the period of 90 days after the Town Council has served on the owner of the flat a written demand for such charges under section 53(6), the charges, together with any interest accrued thereon constitute a charge on the flat on the expiry of that period in favour of the Town Council. (2) Upon the constitution of the charge on a flat under subsection (1), the Town Council has the power of sale and all other powers relating or incidental thereto to sell and effectually transfer the title to the flat to any purchaser as if the Town Council is a registered mortgagee even though the charge is not registered under the Land Titles Act 1993. (3) Any charge on a flat constituted under subsection (1) is subject to — ( a ) all encumbrances registered or notified under the Land Titles Act 1993 in respect of that flat before the date of the constitution of the charge; ( b ) all moneys due under the lease of the flat to the Board (on its own account or on account of the Central Provident Fund Board), whether before, on or after the date of the constitution of the charge; and ( c ) all moneys due to the Central Provident Fund Board under the charge constituted under section 21 or 21B of the Central Provident Fund Act 1953, whether before, on or after the date of the constitution of the charge. [23/2005] (4) Subject to subsection (5), a Town Council may, with the prior written approval of the Board, by notice of sale to be served or published in the prescribed manner, declare its intention of selling, on the expiry of the period of 90 days from the date of the notice of sale, any flat which is subject to a charge constituted under subsection (1), and if, on the expiry of that period, any conservancy and service charges (including any interest thereon) or any part thereof have not been paid or satisfied, the Town Council may sell that flat. (5) A Town Council must not proceed under subsection (4) to sell any flat in respect of which any conservancy and service charges or any part thereof are due if there is or are upon the flat and liable to be seized and sold by the Town Council by enforcement order for seizure and sale of property movable property belonging to the owner of the flat of a value estimated by the Town Council to be sufficient to realise the sum required to satisfy such unpaid charges and costs. [Act 25 of 2021 wef 01/04/2022] (6) Where a Town Council has sold any flat under subsection (4), neither the purchaser of the flat nor the Registrar of Titles appointed under the Land Titles Act 1993 are to be concerned to inquire into the regularity or validity of the sale or transfer. (7) For the purpose of registration of a transfer of any flat sold under subsection (4), the Registrar of Titles may dispense with the production of the duplicate lease of the flat or the duplicate subsidiary certificate of title in respect of the flat, as the case may be. (8) The moneys received by a Town Council in exercise of its power of sale under subsection (4), after discharging all prior encumbrances, must be held by it in trust to be applied — ( a ) firstly, in payment of all costs and expenses properly and reasonably incurred by the Town Council as incidental to the sale or any attempted sale, or otherwise; ( b ) secondly, in payment to the Central Provident Fund Board of all moneys secured by its charge constituted under section 21 or 21B of the Central Provident Fund Act 1953 and are mentioned in subsection (3); ( c ) thirdly, in payment to the Board of such moneys due under the lease of the flat to the Board as are mentioned in subsection (3); ( d ) fourthly, in payment to the Board of all moneys secured by its charge on the flat (if any) under section 82 of the Housing and Development Act 1959 for unpaid improvement contribution, and in payment to the Town Council of all moneys secured by its charge on the flat (if any), in the order of their priority; ( e ) fifthly, in discharge, equally and without preference, of — (i) the conservancy and service charges and interest accrued and due to the Town Council at the date of sale; and (ii) any improvement contribution (including any interest and penalty thereon) accrued and due to the Town Council at the date of the sale, whether or not secured by any charge under section 32; ( f ) sixthly, in discharge of any improvement contribution (including any interest and penalty thereon) accrued and due to the Board at the date of the sale, which is not secured by any charge under section 78 of the Housing and Development Act 1959; ( g ) seventhly, in payment of subsequent mortgages and charges (if any) in the order of their priority; and ( h ) finally, the residue of such moneys so received must be paid to the person who appears from the land‑register kept under the Land Titles Act 1993 to be entitled to the flat sold or to be authorised to give receipts for the proceeds of the sale thereof. [23/2005] (9) Despite section 80 of the Land Titles Act 1993, where further conservancy and service charges and interest thereon are due to a Town Council when a charge on a flat constituted under subsection (1) is subsisting, the amount of the charges due (including interest thereon) rank in priority to any other claims on the flat as if the charges were due at the date of the constitution of that charge. (10) Any charge on a flat constituted under subsection (1) — ( a ) continues in force until all the conservancy and service charges (including any interest thereon) secured by the charge have been paid; and ( b ) upon payment of the conservancy and service charges (including any interest thereon) and any necessary incidental expenses to the Town Council before it has exercised its powers of sale under subsection (4), is discharged and the owner of the flat is entitled to a certificate of discharge executed and acknowledged by the Town Council as to the receipt of such payment. (11) For the purpose of estimating the value of any movable property belonging to the owner of a flat under subsection (5), a Town Council may, by its employees or agents, enter upon the flat to carry out such valuation at any reasonable time after giving notice to any occupier of the flat. [44


document_id: tca-1988
provision_ref: s67
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 67
title: Deduction of arrears of charges from compensation and other moneys payable by Board
content:
67. Where any conservancy and service charges are due and remain unpaid by the owner or tenant of any flat to a Town Council upon the vesting of the flat in the Board under section 59 or 66 of the Housing and Development Act 1959 or upon the termination of the tenancy or lease of the flat, the Board may, on a request in writing by the Town Council and despite section 67 of that Act — ( a ) deduct such charges (including any interest and penalty thereon) remaining unpaid from any compensation, cash deposit and any other moneys in respect of the flat payable by the Board to the owner or tenant of the flat; and ( b ) subject to the law relating to bankruptcy and all statutory charges, encumbrances and moneys due and payable to the Board, pay the amount so deducted to the Town Council as soon as practicable. [45


document_id: tca-1988
provision_ref: s68
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 68
title: Fines to be paid into Town Council Fund
content:
68. All fines imposed under this Act or any by-law made by a Town Council, less all reasonable legal costs (whenever incurred) for the prosecution thereof, and all moneys collected by it under section 72 must be paid into the Town Council Fund. [46 [23/2005]


document_id: tca-1988
provision_ref: s69
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 69
title: Demand for particulars
content:
69. —(1) A Town Council or any member or employee of a Town Council or any police officer who reasonably believes that any person has committed an offence under this Act or any by-law or rules made under this Act may require the person to provide evidence of the person’s identity. (2) The person mentioned in subsection (1) must thereupon provide such evidence of the person’s identity as may be required by the police officer, the Town Council or its member or employee. (3) A Town Council may, subject to such conditions as it thinks fit, delegate to its managing agent or any employee of its managing agent the power under subsection (1). (4) Any power so delegated may be exercised by the agent or employee mentioned in subsection (3), subject to the production of his or her authority when requested, in the name and on behalf of the Town Council. (5) A person who refuses to provide any information required of the person by a Town Council, any member or employee of the Town Council, any police officer or any person to whom the power under subsection (1) has been delegated under subsection (3), or who wilfully misstates such information, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. [47


document_id: tca-1988
provision_ref: s70
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 70
title: Liability of owners of vehicles for parking offences
content:
70. —(1) When a parking offence is committed within a Town, the person who, at the time of the commission of the offence, is the owner of the vehicle in respect of which the offence is committed shall be guilty of an offence under any by-law made by the Town Council in all respects as if the person were the actual offender guilty of the parking offence unless the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used. (2) Nothing in this section affects the liability of the actual offender except that where a penalty has been imposed on or recovered from a person in relation to any parking offence, no further penalty may be imposed on or recovered from any other person in relation thereto. (3) Despite subsection (1), no owner of a vehicle shall by virtue of this section be guilty of an offence if the owner of the vehicle — ( a ) within 7 days after a Town Council serves on the owner of the vehicle a notice alleging that the owner has been guilty of the offence, provides by statutory declaration to the Town Council the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence; ( b ) satisfies the Town Council that the owner did not know and could not with reasonable diligence have ascertained such name and address; or ( c ) satisfies the court that the owner did not know and could not with reasonable diligence have ascertained such name and address. (4) A statutory declaration made under subsection (3)( a ), if produced in any proceedings against the person named therein and in respect of any parking offence, is prima facie evidence that the person was in charge of the vehicle at all relevant times relating to the parking offence. (5) A statutory declaration which relates to more than one parking offence is not regarded as a statutory declaration under, or for the purposes of, subsection (3)( a ). (6) In this section — “owner”, in relation to a vehicle, includes — ( a ) any person who has the use of the vehicle under a hire-purchase agreement but excludes the owner under any such agreement; ( b ) the person in whose name the vehicle is registered except where the person has sold or otherwise disposed of the vehicle and has complied with the rules made under the Road Traffic Act 1961 applicable to him in regard to such sale or disposal; and ( c ) in the case of a vehicle in respect of which a general licence is issued under section 28 of the Road Traffic Act 1961, the person to whom the general licence is issued; “parking offence” means an offence of parking a vehicle or of causing or permitting a vehicle to stand, wait or be parked in contravention of any by-law made by a Town Council. [48


document_id: tca-1988
provision_ref: s71
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 71
title: Personal liability of members, etc., for certain offences
content:
71. —(1) Where a Town Council commits an offence under section 24(4) or 61(4), an individual — ( a ) who is the chairperson of, or secretary to, the Town Council, or who was purporting to act in any such capacity; and ( b ) who — (i) consented or connived 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 Town Council; or (iii) knew or ought reasonably to have known that the offence by the Town Council (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 Town Council, and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part of a day during which the offence continues after conviction. [17/2017] (2) Where a Town Council commits a relevant offence, an individual — ( a ) who is the chairperson of, or secretary to, the Town Council, or who was purporting to act in any such capacity; and ( b ) who — (i) consented or connived 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 Town Council; or (iii) knew or ought reasonably to have known that the offence by the Town Council (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 Town Council, and shall be liable on conviction to a fine not exceeding $5,000. [17/2017] (3) In subsection (2), “relevant offence” means an offence — ( a ) under section 21(8), 25(6), 47(9) or 52(15); ( b ) under the Financial Rules made under section 57; or ( c ) under any rules made under section 82 about the governance of Town Councils. [17/2017] (4) To avoid doubt, subsections (1) and (2) do not affect the liability of a Town Council for an offence mentioned in that subsection, and apply whether or not the Town Council is convicted of the offence. [17/2017] (5) To avoid doubt, this section also 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. [48A [17/2017]


document_id: tca-1988
provision_ref: s72
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 72
title: Composition of offences
content:
72. —(1) A Town Council may compound any offence under any by‑law made by it for a purpose mentioned in section 28(1) and which is prescribed in those by‑laws as a compoundable offence by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $2,000. [17/2017] (2) A public officer authorised by the Minister may compound any offence under this Act or rules made under this Act that is prescribed under section 82 as a compoundable offence, by collecting from a Town Council or other person reasonably suspected of having committed the offence a sum not exceeding the lower of the following amounts: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $2,000. [17/2017] (3) On payment by a person to a Town Council or public officer (as the case may be) of a sum of money under subsection (1) or (2), no further proceedings are to be taken against that person in respect of the offence. [49 [17/2017]


document_id: tca-1988
provision_ref: s73
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 73
title: Legal proceedings
content:
73. Any charges, fees or expenses or any penalties for late payment of such charges or fees payable to a Town Council under this Act may be recovered by the Town Council by an action for a debt in any court of competent authority. [51 [33/2018]


document_id: tca-1988
provision_ref: s74
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 74
title: Protection from personal liability
content:
74. No suit or other legal proceedings shall lie personally against any member, officer or employee of a Town Council or other person acting under the direction of a Town Council for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other Act. [52


document_id: tca-1988
provision_ref: s75
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 75
title: Board’s obligations under existing leases of flats
content:
75. —(1) On the expiry of the period of 180 days (or such shorter period as the Minister may determine) after the establishment of a Town Council for the Town and so long as a Town Council is established for the Town, the Board as the lessor of the flats in the residential and commercial property and of the stalls in the market and food centres within the Town ceases, despite the Housing and Development Act 1959 and the terms, covenants and conditions in the leases of those flats or stalls to the contrary, to be liable for the maintenance and management of the common property of the residential and commercial property in the housing estates in which those flats or stalls are situated, including the provision of cleaning services and the maintenance of mechanical equipment and installations in the Town, and thereupon the Town Council is liable for the maintenance and management of that common property. (2) Upon the establishment of a Town Council for the Town and so long as a Town Council is established for the Town, except as otherwise provided in this Act, the terms, covenants and conditions in the leases of the flats and stalls mentioned in subsection (1) continue in force. (3) The Board as the lessor of the flats or stalls within the Town mentioned in subsection (1) is entitled to enforce the performance of the terms, covenants and conditions in the leases as if this Act had not been enacted. [53


document_id: tca-1988
provision_ref: s76
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 76
title: Board’s liability for repairs, etc.
content:
76. The Board is not liable in respect of any action, claim or proceedings arising out of any — ( a ) repairs, maintenance, improvements or other works carried out by a Town Council or its agents to the common property of the residential and commercial property in the housing estates within the Town; or ( b ) charges paid to a Town Council by any person under this Act to meet the costs of such repairs, maintenance, improvements or other works. [54


document_id: tca-1988
provision_ref: s77
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 77
title: Handover notices of common property
content:
77. —(1) This section applies only to and in relation to any part of a housing estate that is not comprised in any flat and that — ( a ) is in a housing estate in respect of which a temporary occupation permit is issued on or after 1 May 2017; or ( b ) is excluded (whether before, on or after 1 May 2017) under the definition of “common property” in section 2(1) from being regarded as common property — (i) for a period; (ii) because of the use or description of the part of the housing estate; (iii) because of the status or description of the owner of the part of the housing estate; or (iv) subject to any other condition (whether a condition precedent or a condition subsequent). [17/2017] (2) Subject to subsections (4) and (5), the Board may — ( a ) issue a handover notice in respect of any part of a housing estate of the Board that is not comprised in any flat and is within the area of a Town; and ( b ) give that handover notice to the Town Council whose Town area includes that housing estate. [17/2017] (3) The Town Council to whom a handover notice is given under this section in respect of any part of a housing estate of the Board assumes in relation to that part, with effect from the date specified in the handover notice, the functions of this Act relating to common property within its Town. [17/2017] (4) A handover notice may be issued only as follows: ( a ) for a part of a housing estate mentioned in subsection (1)( a ) — after a temporary occupation permit is issued in respect of that part of the housing estate; ( b ) for a part of a housing estate mentioned in subsection (1)( b ) — after whichever of the following first happens: (i) when the specified period for the exclusion described in subsection (1)( b )(i) ends; (ii) when there is a change in the use or description of the part of the housing estate as to render the part no longer within any use or description in any exclusion described in subsection (1)( b )(ii); (iii) when there is a change to the status or description of the owner of the part of the housing estate as to render the owner not having any status or meeting any description in any exclusion described in subsection (1)( b )(iii); (iv) when the condition (whether a condition precedent or a condition subsequent) subject to which the exclusion described in subsection (1)( b )(iv) is granted is first breached. [17/2017] (5) Every handover notice issued under this section is irrevocable. [17/2017] (6) In this section, “temporary occupation permit”, for a building or part of a building in a housing estate, means — ( a ) a temporary occupation permit granted under the Building Control Act 1989 for the building or part of the building; or ( b ) a certificate of statutory completion issued under that Act for that building or part of that building where no temporary occupation permit is so granted. [54A [17/2017]


document_id: tca-1988
provision_ref: s78
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 78
title: Relationship between Board and Town Council
content:
78. —(1) To avoid doubt, any function, power, requirement or duty conferred on a Town Council by this Act must be performed or exercised in a way that is consistent with the title and rights of the Board as owner of the common property within the Town for which the Town Council is established. [17/2017] (2) Despite section 75, where a Town Council is dissolved by order under section 3, the Board is, upon the dissolution of that Town Council and pending the establishment of another Town Council for the Town, responsible and liable, as the owner of the housing estates within the Town, for the maintenance and management of such housing estates and is entitled to enforce the performance of the terms, covenants and conditions in the leases relating to such housing estates as if this Act had not been enacted. [55 [17/2017]


document_id: tca-1988
provision_ref: s79
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 79
title: Public servants for purposes of Penal Code 1871
content:
79. All members, officers and employees of a Town Council and all employees of its managing agent are deemed to be public servants for the purposes of the Penal Code 1871. [56


document_id: tca-1988
provision_ref: s80
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 80
title: Town Council’s address for service
content:
80. —(1) Every Town Council must — ( a ) ensure that notice of each of the following is given to the Minister: (i) an address for the service of notices or documents; (ii) a fax number for the service of notices or documents by fax; (iii) an email address for the service of notices or documents by email; and ( b ) cause to be constructed and maintained a receptacle suitable for the receipt of mail and other documents with the name of the Town Council clearly shown on the receptacle, at the address in paragraph ( a )(i). [17/2017] (2) A Town Council may from time to time change any address or fax number, as given to the Minister under subsection (1)( a ), for the service of notices or documents on the Town Council. [17/2017] (3) Where a Town Council has, under subsection (2), decided to change the address or fax number for the service of notices or documents on it, the Town Council must, within 7 days after deciding — ( a ) notify the Minister of the change and the effective date of the change; and ( b ) cause to be published (at the Town Council’s cost), before the change takes effect, a notice about the new address or fax number for service of notices or documents on the Town Council and the effective date of the change, in a manner that will secure adequate publicity for the change. [56A [17/2017]


document_id: tca-1988
provision_ref: s81
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 81
title: Service of documents and notices, etc.
content:
81. —(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. [17/2017] (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. [17/2017] (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other like officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s last email address. [17/2017] (4) Subject to subsection (5), a document permitted or required by this Act to be served on a body corporate (including a limited liability partnership but not a Town Council) or an unincorporated association may be served — ( a ) by giving it to the secretary or other like officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the 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. [17/2017] (5) A document permitted or required by this Act to be served on a Town Council may be served — ( a ) by leaving it with the chairperson of, or secretary to, the Town Council or in the receptacle provided by the Town Council under section 80(1)( b ); ( b ) by leaving it at, or by sending it by prepaid registered post to, the Town Council at the last address notified to the Minister under section 80(1) or (3); ( c ) by sending it by fax to the last fax number notified to the Minister under section 80(1) or (3); or ( d ) by sending it by email to the last email address of the Town Council notified to the Minister under section 80(1) or (3). [17/2017] (6) Service of a document under this section 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 addressed; or ( c ) if the document is sent by prepaid registered post — 2 days after the day the document was posted (even if it is returned undelivered). [17/2017] (7) This section does not apply to — ( a ) a document to be served in proceedings in court; ( b ) a written demand under section 53(6); or ( c ) a notice of sale under section 34(6) or 66(4). [17/2017] (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. [56B [17/2017]


document_id: tca-1988
provision_ref: s82
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 82
title: Rules
content:
82. —(1) The Minister may make such rules as the Minister considers necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof and to prescribe matters necessary or convenient to be prescribed for carrying out or giving effect to this Act. [17/2017] (2) In particular, the Minister may make rules under subsection (1) — ( a ) prescribing model by-laws for the purpose of the management, administration, control, use or enjoyment of the common property of the residential and commercial property in the housing estates of the Board within a Town, which may include all or any of the following matters: (i) restricting or prohibiting behaviour or activities on any common property; (ii) restricting or prohibiting parking of vehicles on any common property; (iii) other details of any common property of which the use is restricted; (iv) waste disposal; (v) safety or security measures; (vi) conferring power on a Town Council to store or dispose of, or authorise the disposal of, goods and vehicles left on common property in housing estates within its Town and the passing of title to any goods or vehicles on such disposal; [Act 19 of 2025 wef 05/12/2025] ( b ) prescribing, for the purposes of section 21(1)( d ), the different types of uses of any part of the common property within a Town, or for otherwise enjoying the benefit of any improvements by, or services and facilities provided by, a Town Council, including for different users or different types of common property, improvements, services or facilities within a Town, or in different parts of a Town; ( c ) about the governance of Town Councils, including requirements for the preparation and submission of documents or information in compliance with such governance requirements or best practices, and the periodic disclosure to the Minister of the level of such compliance by Town Councils; ( d ) prescribing a caretaker policy (and requirements for its adoption by a Town Council) governing the conduct of the Town Council and its officers and employees (including prohibiting the making of major policy decisions) during the caretaker period that — (i) starts on the issue of a writ of election for every constituency comprised in the Town for which the Town Council is established; and (ii) ends on the date that the elected members of a Town Council assume office for that Town Council after that election; ( e ) providing that any contravention of any provision of these rules shall be an offence punishable with a fine not exceeding $5,000; and ( f ) providing such saving, transitional and other consequential, incidental and supplemental provisions as the Minister considers necessary or expedient. [17/2017] (3) All rules made under this section are to be presented to Parliament as soon as possible after publication in the Gazette . [57 [17/2017]


document_id: tca-1988
provision_ref: s83
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 83
title: Saving
content:
83. —(1) Nothing in this Act is to be construed to affect any obligation or liability accrued or incurred under a lease for a flat in any residential or commercial property or for a stall in any market or food centre of the Board within a Town at any time prior to the establishment of the Town Council. (2) Any cause of action which has arisen between any such owner or tenant and the Board prior to the establishment of the Town Council may be continued and enforced as if this Act had not been enacted. (3) Nothing in this Act affects any rights or remedies that the Board or an owner or tenant of a flat in any residential or commercial property may have in relation to the flat or the common property, or any function of the Board, apart from this Act. [58


document_id: tca-2005
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “advocate and solicitor” means an advocate and solicitor of the Supreme Court or a foreign lawyer as defined in section 2(1) of the Legal Profession Act 1966; “Authority” means the Monetary Authority of Singapore established under the Monetary Authority of Singapore Act 1970; “book” includes any record, register, account, deed, writing and information, however compiled, recorded or stored, whether in written or printed form or on microfilm or in any other electronic form or otherwise; “capital markets products” has the meaning given by section 2(1) of the Securities and Futures Act 2001; “chief executive”, in relation to a licensed trust company, means any person, by whatever name described, who — ( a ) is in the direct employment of, or acting for or by arrangement with, the licensed trust company; and ( b ) is principally responsible for the management and conduct of the business of the licensed trust company; “collective investment scheme” has the meaning given by section 2(1) of the Securities and Futures Act 2001; “controller”, in relation to a licensed trust company, means a 20% controller, a 50% controller or an indirect controller as defined in section 16(3); “corporation” has the meaning given by section 4(1) of the Companies Act 1967; “director” has the meaning given by section 4(1) of the Companies Act 1967; “executive officer”, in relation to a licensed trust company, means any person, by whatever name described, who — ( a ) is in the direct employment of, or acting for or by arrangement with, the licensed trust company; and ( b ) is concerned with or takes part in the management of the licensed trust company on a day‑to‑day basis; “exempt person” means a person who is exempt under section 15 from holding a licence for the carrying on of any trust business; “financial year” has the meaning given by section 4(1) of the Companies Act 1967; “futures contract” has the meaning given by section 2(1) of the Securities and Futures Act 2001; “licensed trust company” means a corporation holding a trust business licence; “officer” has the meaning given by section 4(1) of the Companies Act 1967; “parent supervisory authority”, in relation to a licensed trust company incorporated outside Singapore, means the supervisory authority which is responsible, under the laws of the country or territory where the licensed trust company is incorporated, formed or established, for supervising the licensed trust company; “protected party”, in relation to a trust company, means a trust for which the trust company provides trust business services and includes the settlor and beneficiary under the trust; “related corporation” has the meaning given by section 4(1) of the Companies Act 1967; “resident manager” means an individual resident in Singapore who, under the immediate authority of the directors of a licensed trust company, is responsible for the conduct of the trust business of the licensed trust company; “securities” has the meaning given by section 2(1) of the Securities and Futures Act 2001; “specified securities-based derivatives contract” has the meaning given by section 2(1) of the Securities and Futures Act 2001; “substantial shareholder” has the meaning given by Division 4 of Part 4 of the Companies Act 1967; “trust business” means any business specified in the First Schedule; “trust business licence” means a licence granted by the Authority under section 5 that authorises the holder of the licence to carry on trust business; “trust business service” means any service in respect of any business specified in the First Schedule; “unit” has the meaning given by section 2(1) of the Securities and Futures Act 2001; “written directions” means written directions issued by the Authority under section 76. [2/2007; 10/2013; 4/2017]


document_id: tca-2005
provision_ref: s3
chapter: PART 2 - LICENSING OF TRUST COMPANIES
section: 3
title: Restriction on carrying on trust business
content:
3. —(1) Subject to subsection (3), a person must not carry on any trust business or hold himself, herself or itself out as carrying on any trust business in or from within Singapore unless that person is a licensed trust company. (2) A licensed trust company must not, without the prior approval of the Authority, establish a place of business outside Singapore to carry on any business which, if carried on in Singapore, would constitute trust business. (3) Subsection (1) does not apply to any person specified in the Second Schedule. (4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $75,000 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 $7,500 for every day or part of a day during which the offence continues after conviction.


document_id: tca-2005
provision_ref: s4
chapter: PART 2 - LICENSING OF TRUST COMPANIES
section: 4
title: Application for trust business licence
content:
4. —(1) An application for a trust business licence must — ( a ) be made to the Authority in such form and manner as the Authority may require; and ( b ) be accompanied by the prescribed application fee, which is non‑refundable and which must be paid in the manner specified by the Authority. (2) The Authority may require an applicant to provide it with such information or documents as it considers necessary in relation to the application.


document_id: tca-2005
provision_ref: s5
chapter: PART 2 - LICENSING OF TRUST COMPANIES
section: 5
title: Grant of trust business licence
content:
5. —(1) The Authority must not grant a trust business licence to an applicant therefor unless the applicant is — ( a ) a company incorporated under the Companies Act 1967; or ( b ) a foreign company registered under Division 2 of Part 11 of the Companies Act 1967. (2) A trust business licence may only be granted if the applicant meets such minimum financial and other requirements as the Authority may prescribe. (3) Subject to regulations made under this Act, where an application is made for the grant of a trust business licence, the Authority may refuse the application if — ( a ) the applicant has not provided the Authority with such information or document as the Authority may require in relation to — (i) the applicant or any person employed by or associated with the applicant for the purposes of its trust business; or (ii) any circumstances likely to affect the manner in which the applicant conducts its trust business; ( b ) any information or document that is provided by the applicant to the Authority is false or misleading; ( c ) the applicant or its substantial shareholder is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere; ( d ) an enforcement order against the applicant or its substantial shareholder in respect of a judgment debt has been returned unsatisfied in whole or in part; [Act 25 of 2021 wef 01/04/2022] ( e ) a receiver, a receiver and manager, a judicial manager or an equivalent person has been appointed, whether in Singapore or elsewhere, in relation to or in respect of any property of the applicant or its substantial shareholder; ( f ) the applicant or its substantial shareholder has, whether in Singapore or elsewhere, entered into a compromise or scheme of arrangement with its creditors, being a compromise or scheme of arrangement that is still in operation; ( g ) the applicant or its substantial shareholder, or any officer of the applicant — (i) has been convicted, whether in Singapore or elsewhere, of any offence involving fraud or dishonesty or the conviction for which involved a finding that the applicant, substantial shareholder or officer had acted fraudulently or dishonestly; or (ii) has been convicted of an offence under this Act; ( h ) the Authority is not satisfied as to the educational or other qualification or experience of the officers or employees of the applicant having regard to the nature of the duties they are to perform if the applicant were granted the trust business licence; ( i ) the applicant fails to satisfy the Authority that it is a fit and proper person to be licensed or that all of its officers, employees and substantial shareholders are fit and proper persons; ( j ) the Authority has reason to believe that the applicant may not be able to act in the best interests of any protected party having regard to the reputation, character, financial integrity and reliability of the applicant or its officers, employees or substantial shareholders; ( k ) the Authority is not satisfied as to the financial standing of the applicant or its substantial shareholders or the manner in which the applicant’s trust business is to be conducted; ( l ) the Authority is not satisfied as to the record of past performance or expertise of the applicant, having regard to the nature of the trust business which the applicant may carry on if granted the trust business licence; ( m ) there are other circumstances which are likely — (i) to lead to the improper conduct of the applicant’s trust business by the applicant or any of its officers, employees or substantial shareholders; or (ii) to reflect discredit on the manner in which the applicant or its substantial shareholders conduct its trust business; ( n ) the Authority has reason to believe that the applicant, or any of its officers or employees, will not efficiently, honestly or fairly perform any of the activities or provide any of the services for which the applicant seeks to be licensed; or ( o ) the Authority is of the opinion that it would be contrary to the interests of the public to grant the trust business licence to the applicant. (4) The Authority must not refuse an application for a trust business licence without giving the applicant an opportunity to be heard, except in the following circumstances: ( a ) the applicant is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere; ( b ) a receiver, a receiver and manager, a judicial manager or an equivalent person has been appointed, whether in Singapore or elsewhere, in relation to or in respect of any property of the applicant; or ( c ) the applicant has been convicted, whether in Singapore or elsewhere, of an offence involving fraud or dishonesty or the conviction for which involved a finding that it had acted fraudulently or dishonestly.


document_id: tca-2005
provision_ref: s6
chapter: PART 2 - LICENSING OF TRUST COMPANIES
section: 6
title: Licence fee
content:
6. —(1) Every licensed trust company must pay to the Authority such licence fee as may be prescribed. (2) Any licence fee paid to the Authority under this Act is not to be refunded or remitted if — ( a ) the licence is revoked or suspended or lapses during the period to which the licence fee relates; or ( b ) the licensed trust company ceases to carry on trust business during the period to which the licence fee relates. (3) Despite subsection (2), the Authority may, where it considers appropriate, refund or remit the whole or part of any licence fee paid to it.


document_id: tca-2005
provision_ref: s7
chapter: PART 2 - LICENSING OF TRUST COMPANIES
section: 7
title: Power of Authority to impose conditions or restrictions
content:
7. —(1) The Authority may grant a trust business licence subject to such conditions or restrictions as it thinks fit. (2) The Authority may, at any time, by written notice to a licensed trust company, vary or revoke any condition or restriction or attach such further condition or restriction as it thinks fit. (3) Any licensed trust company which contravenes any condition or restriction attached to its trust business licence shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: tca-2005
provision_ref: s8
chapter: PART 2 - LICENSING OF TRUST COMPANIES
section: 8
title: False statements in relation to application for grant of licence
content:
8. Any person who, in connection with an application for a trust business licence and without reasonable excuse — ( a ) makes any statement which is false or misleading in a material particular; or ( b ) omits to state any matter or thing without which the application is misleading in a material respect, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: tca-2005
provision_ref: s9
chapter: PART 2 - LICENSING OF TRUST COMPANIES
section: 9
title: Notification of change of particulars
content:
9. —(1) Where — ( a ) a licensed trust company ceases to carry on any trust business; ( b ) any person has ceased to be a resident manager or a controller of a licensed trust company; ( c ) any civil or criminal proceedings have been instituted against a licensed trust company or any officer of the licensed trust company; ( d ) any change occurs in the name of a licensed trust company or the address of the principal place of business at which the licensed trust company carries on its trust business; ( e ) a licensed trust company has ceased to fulfil the minimum financial or other requirements prescribed by the Authority; or ( f ) any change occurs in relation to any other matters that may be prescribed, the licensed trust company must, not later than 14 days after the occurrence of the event, provide particulars of the event to the Authority in the prescribed form and manner. (2) Any licensed trust company that, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence. [Act 12 of 2024 wef 24/01/2025] (3) [ Deleted by Act 12 of 2024 wef 24/01/2025 ]


document_id: tca-2005
provision_ref: s10
chapter: PART 2 - LICENSING OF TRUST COMPANIES
section: 10
title: Lapsing, revocation and suspension of licence
content:
10. —(1) The trust business licence of a licensed trust company lapses — ( a ) if the licensed trust company is wound up or otherwise dissolved, whether in Singapore or elsewhere; or ( b ) in the event of such other occurrence or in such other circumstances as may be prescribed. (2) The Authority may revoke or suspend the trust business licence of a licensed trust company in respect to all or any of the trust business services that are provided by the licensed trust company if — ( a ) there exists a ground on which the Authority may refuse an application under section 5(3); ( b ) the licensed trust company fails or ceases to carry on any trust business; ( c ) the Authority has reason to believe that the licensed trust company, or any of its officers or employees, has not performed its, his or her duties efficiently, honestly or fairly; ( d ) the licensed trust company has contravened or is contravening — (i) any condition or restriction attached to its trust business licence; (ii) any direction issued to it by the Authority under this Act; or (iii) any provision of this Act; ( e ) upon the Authority exercising any power under section 21C(2) or the Minister exercising any power under Division 2, 4, 5 or 6 of Part 8 of the Financial Services and Markets Act 2022 in relation to the licensed trust company, the Authority considers that it is in the public interest to revoke or suspend the trust business licence; [Act 18 of 2022 wef 10/05/2024] ( f ) any information or document that is provided by the licensed trust company to the Authority is false or misleading; or ( g ) the interests of the public or of the protected parties of the licensed trust company are in any way prejudiced. [10/2013; 31/2017] (3) The Authority must not revoke or suspend the trust business licence of a licensed trust company under subsection (2) without giving the licensed trust company an opportunity to be heard, except in any of the following circumstances: ( a ) the licensed trust company is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere; ( b ) a receiver, a receiver and manager, a judicial manager or an equivalent person has been appointed, whether in Singapore or elsewhere, in relation to or in respect of any property of the licensed trust company; ( c ) the licensed trust company has been convicted, whether in Singapore or elsewhere, of an offence involving fraud or dishonesty or the conviction for which involved a finding that it had acted fraudulently or dishonestly.


document_id: tca-2005
provision_ref: s11
chapter: PART 2 - LICENSING OF TRUST COMPANIES
section: 11
title: Restriction on cessation of business
content:
11. —(1) A licensed trust company must not, without the sanction of the court and for so long as any trust in respect of which the licensed trust company is a trustee remains in whole or in part unadministered, cease to carry on its trust business. ( a ) [ Deleted by Act 12 of 2024 wef 24/01/2025 ] ( b ) [ Deleted by Act 12 of 2024 wef 24/01/2025 ] [Act 12 of 2024 wef 24/01/2025] (2) Any licensed trust company which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction. [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s12
chapter: PART 2 - LICENSING OF TRUST COMPANIES
section: 12
title: General provisions as to winding up
content:
12. —(1) The persons who may apply under the Insolvency, Restructuring and Dissolution Act 2018 for the winding up of the affairs of a licensed trust company, or for the continuance of the winding up of the affairs of a licensed trust company subject to the supervision of the court, include the Authority. [40/2018] (2) The Authority may, in accordance with the provisions of the Insolvency, Restructuring and Dissolution Act 2018, apply for the winding up of a licensed trust company if the licensed trust company has contravened any provision of this Act. [40/2018] (3) The Authority is to be a party to any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of a licensed trust company. [40/2018] (4) The liquidator in any winding up mentioned in subsection (3) must give to the Authority such information as the Authority may, from time to time, require about the affairs of the licensed trust company. (5) Any liquidator who contravenes subsection (4) shall be guilty of an offence.


document_id: tca-2005
provision_ref: s13
chapter: PART 2 - LICENSING OF TRUST COMPANIES
section: 13
title: Approval of resident manager and director of licensed trust company
content:
13. —(1) A licensed trust company must not appoint a person as — ( a ) its resident manager; or ( b ) its director where, upon appointment, the person — (i) resides or is to reside in Singapore, whether or not he or she is directly responsible for its business in Singapore or any part of such business; or (ii) is directly responsible for its business in Singapore or any part of such business, whether he or she resides in Singapore or elsewhere, unless it has obtained the approval of the Authority. (2) Where a licensed trust company has obtained the approval of the Authority to appoint a person as its resident manager or director under subsection (1), the person may be re‑appointed as resident manager or director (as the case may be) of the licensed trust company immediately upon the expiry of the earlier term without the approval of the Authority. (3) Without affecting any other matter that the Authority may consider relevant, the Authority may, in determining whether to grant its approval under subsection (1), have regard to such requirements as may be prescribed or as may be specified in written directions. (4) The Authority must not refuse an application for approval under subsection (1) without giving the licensed trust company an opportunity to be heard, except where the person proposed to be appointed — ( a ) is an undischarged bankrupt, whether in Singapore or elsewhere; or ( b ) has been convicted, whether in Singapore or elsewhere, of an offence — (i) involving fraud or dishonesty or the conviction for which involved a finding that he or she had acted fraudulently or dishonestly; and (ii) punishable with imprisonment for a term of 3 months or more. (5) Where the Authority refuses an application for approval under subsection (1), the Authority need not give the person who was proposed to be appointed an opportunity to be heard. (6) Any licensed trust company which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.


document_id: tca-2005
provision_ref: s14
chapter: PART 2 - LICENSING OF TRUST COMPANIES
section: 14
title: Disqualification or removal of officer of licensed trust company
content:
14. —(1) Despite the provisions of any other written law — ( a ) a licensed trust company must not, without the prior written consent of the Authority, permit an individual to act as its officer, executive officer or resident manager; and ( b ) a licensed trust company which is incorporated in Singapore must not, without the prior written consent of the Authority, permit an individual to act as its director, if the individual — ( c ) has been convicted, whether in Singapore or elsewhere, of an offence committed before, on or after the date of commencement of section 97( b ) of the Financial Institutions (Miscellaneous Amendments) Act 2024, being an offence — (i) involving fraud or dishonesty; (ii) the conviction for which involved a finding that he or she had acted fraudulently or dishonestly; or (iii) that is specified in the Third Schedule to the Registration of Criminals Act 1949; ( d ) is an undischarged bankrupt, whether in Singapore or elsewhere; ( e ) has had an enforcement order against him or her in respect of a judgment debt returned unsatisfied in whole or in part; ( f ) has, whether in Singapore or elsewhere, entered into a compromise or scheme of arrangement with his or her creditors, being a compromise or scheme of arrangement that is still in operation; ( g ) has had a related Acts prohibition order or an FSMA prohibition order made against him or her that remains in force; or ( h ) has been a director of, or directly concerned in the management of, a regulated financial institution, whether in Singapore or elsewhere — (i) which is being or has been wound up by a court; or (ii) the approval, authorisation, designation, recognition, registration or licence of which has been withdrawn, cancelled or revoked (without any application by the regulated financial institution for withdrawal, cancellation or revocation) by the Authority or, in the case of a regulated financial institution in a foreign country or jurisdiction, by the regulatory authority in that foreign country or jurisdiction. [Act 12 of 2024 wef 24/01/2025] (2) Despite the provisions of any other written law, where the Authority is satisfied that a director of a licensed trust company which is incorporated in Singapore, or an officer, executive officer or resident manager of a licensed trust company is not a fit and proper person to be a director, officer, executive officer or resident manager (as the case may be) of the licensed trust company, the Authority may, by notice in writing to the licensed trust company, direct it to remove the director, officer, executive officer or resident manager from his or her office or employment within such period as the Authority may specify in the notice, and the licensed trust company must comply with the notice. [Act 12 of 2024 wef 24/01/2025] (3) For the purpose of subsection (2), the Authority may consider any matter which it considers relevant, including (but not limited to) whether — ( a ) the individual has wilfully contravened or wilfully caused the licensed trust company to contravene any provision of this Act; ( b ) the individual has, without reasonable excuse, failed to secure the compliance of the licensed trust company with this Act, the Monetary Authority of Singapore Act 1970, or any of the written laws set out in the Schedule to that Act; ( c ) the individual has failed to discharge any of the duties of his or her office or employment; ( d ) the individual’s removal is necessary in the public interest or for the protection of protected parties of the licensed trust company; or ( e ) the individual comes within any of the grounds mentioned in subsection (1). [Act 12 of 2024 wef 24/01/2025] (4) The Authority must, in determining whether an individual has failed to discharge the duties of his or her office or employment for the purposes of subsection (3)( c ), have regard to such criteria as may be prescribed. [Act 12 of 2024 wef 24/01/2025] (4A) The Authority must not direct a licensed trust company to remove an individual from his or her office or employment under subsection (2) without giving the licensed trust company and that individual an opportunity to be heard, except in any of the following circumstances: ( a ) the individual is an undischarged bankrupt, whether in Singapore or elsewhere; ( b ) an FSMA prohibition order against the individual has been made that remains in force; ( c ) the individual has been convicted, whether in Singapore or elsewhere, of an offence, committed before, on or after the date of commencement of section 97( b ) of the Financial Institutions (Miscellaneous Amendments) Act 2024 — (i) involving fraud or dishonesty or the conviction for which involved a finding that the individual had acted fraudulently or dishonestly; and (ii) punishable with imprisonment for a term of 3 months or more. [Act 12 of 2024 wef 24/01/2025] (4B) A licensed trust company must, as soon as practicable after receiving a direction under subsection (2), notify the affected director, officer, executive officer or resident manager of the direction. [Act 12 of 2024 wef 24/01/2025] (4C) A licensed trust company who receives a direction under subsection (2), or any director, officer, executive officer or resident manager of a licensed trust company in relation to whom a direction under subsection (2) is given, may, within 30 days after the licensed trust company receives the direction, appeal to the Minister whose decision is final. [Act 12 of 2024 wef 24/01/2025] (4D) Despite the lodging of an appeal under subsection (4C), any direction under subsection (2) continues to have effect pending the Minister’s decision. [Act 12 of 2024 wef 24/01/2025] (4E) The Minister may, when deciding an appeal under subsection (4C), modify the direction under subsection (2), and such modified action has effect starting on the date of the Minister’s decision. [Act 12 of 2024 wef 24/01/2025] (5) No civil or criminal liability is incurred by — ( a ) a licensed trust company; or ( b ) any person acting on behalf of the licensed trust company, in respect of anything done or omitted to be done with reasonable care and in good faith in the discharge or purported discharge of its obligations under this section. (6) Any licensed trust company who, without reasonable excuse, contravenes subsection (1) or fails to comply with a notice issued under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000. [Act 12 of 2024 wef 24/01/2025] (7) In this section — “FSMA prohibition order” means a prohibition order made under section 7(1) of the Financial Services and Markets Act 2022; “regulated financial institution” means a person who carries on a business the conduct of which is regulated or authorised by the Authority or, if it is carried on in Singapore, would be regulated or authorised by the Authority; “regulatory authority”, in relation to a foreign country or jurisdiction, means an authority of the foreign country or jurisdiction exercising any function that corresponds to a regulatory function of the Authority under this Act, the Monetary Authority of Singapore Act 1970 or any of the written laws set out in the Schedule to that Act; “related Acts prohibition order” means — ( a ) a prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022; ( b ) a prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022, and as continued by section 217(2) of the Financial Services and Markets Act 2022; ( c ) an order made under section 74(1) of the Insurance Act 1966 as in force immediately before the date of commencement of section 204(1) to (4) of the Financial Services and Markets Act 2022; ( d ) an order made under section 74(1) of the Insurance Act 1966 as in force immediately before the date of commencement of section 204(1) to (4) of the Financial Services and Markets Act 2022, and as continued by section 218(2) of the Financial Services and Markets Act 2022; ( e ) a prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022; ( f ) a prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022, and as continued by section 220(3) of the Financial Services and Markets Act 2022; ( g ) a prohibition order made under section 123ZZC(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022; or ( h ) a prohibition order made under section 123ZZC(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022, and as continued by section 220(5) of the Financial Services and Markets Act 2022. [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s15
chapter: PART 2 - LICENSING OF TRUST COMPANIES
section: 15
title: Exempt persons
content:
15. —(1) Subject to subsection (9), the following persons are exempt from the requirement to hold a trust business licence in respect of the carrying on of trust business: ( a ) any bank licensed under the Banking Act 1970 in respect of — (i) the provision of services in relation to the creation of an express trust; (ii) the arrangement for any person to act as trustee in relation to an express trust; or (iii) the provision of trust administration services which are procedural and non‑discretionary; ( b ) any merchant bank licensed under the Banking Act 1970 in respect of — (i) the provision of services in relation to the creation of an express trust; (ii) the arrangement for any person to act as trustee in relation to an express trust; or (iii) the provision of trust administration services which are procedural and non-discretionary; ( c ) any holder of a capital markets services licence, or any person who is exempt from holding a capital markets services licence, for providing fund management or custodial services under the Securities and Futures Act 2001, in respect of the provision of fund management or custodial services; ( d ) any other person or class of persons that may be prescribed; ( e ) any other person not falling within the description of paragraphs ( a ) to ( d ) whom the Authority may, on the application of the person, by written notice so exempt. [4/2017; 1/2020] (2) Any bank providing any trust business service referred to in subsection (1)( a )(i) or (ii) must — ( a ) within 3 months from 1 February 2006 or one month from the date of commencement of its trust business, whichever is the later, notify the Authority in writing that it is providing such service; and ( b ) as soon as practicable, notify the Authority if it ceases to provide such service, but in any case no later than 14 days from the date of cessation. (3) Any merchant bank providing any trust business service referred to in subsection (1)( b )(i) or (ii) must — ( a ) within 3 months from 1 February 2006 or one month from the date of commencement of its trust business, whichever is the later, notify the Authority in writing that it is providing such service; and ( b ) as soon as practicable, notify the Authority if it ceases to provide such service, but in any case no later than 14 days from the date of cessation. (4) The Authority may prescribe the provisions of this Act that apply to persons referred to in subsection (1)( a ), ( b ) and ( c ). (5) The Authority may prescribe or specify in written directions the provisions of this Act that apply to persons mentioned in subsection (1)( d ) and ( e ). (6) The Authority may prescribe or specify in written directions such conditions or restrictions as it thinks fit to impose on an exempt person in relation to the conduct of trust business or any related matter as the Authority thinks fit and the exempt person must comply with such conditions or restrictions. (7) The Authority may at any time vary, rescind or revoke any written direction issued under subsection (5) or (6). (8) Any exempt person who contravenes — ( a ) subsection (2) or (3); ( b ) any applicable provision of this Act as prescribed under subsection (4) or (5) in relation to the exempt person; or ( c ) any condition or restriction imposed under subsection (6), shall be guilty of an offence and shall be liable on conviction — ( d ) in the case of a contravention of any applicable provision of this Act, to the same penalties as are prescribed under this Act for any such contravention; and ( e ) in the case of a contravention of subsection (2) or (3) or a contravention of any condition or restriction imposed under subsection (6), to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. (9) The Authority may revoke an exemption conferred on any person by this section if — ( a ) the person contravenes any applicable provision of this Act or any condition or restriction imposed on that person under subsection (6); ( b ) the person contravenes any written direction issued to it by the Authority; or ( c ) the Authority considers that the person is carrying on trust business in a manner that is, in the opinion of the Authority, contrary to the public interest. (10) Where the Authority revokes an exemption conferred on any person by this section, the Authority need not give the person an opportunity to be heard. (11) The revocation under subsection (9) of the exemption conferred on any person by this section does not operate so as to — ( a ) avoid or affect any agreement, transaction or arrangement relating to any trust business entered into by the person, whether the agreement, transaction or arrangement was entered into before or after the revocation of the exemption; or ( b ) affect any right, obligation or liability arising under any such agreement, transaction or arrangement. (12) Any person who is aggrieved by a decision of the Authority made under subsection (9) may, within 30 days after being notified of the decision of the Authority, appeal to the Minister whose decision is final.


document_id: tca-2005
provision_ref: s16
chapter: PART 3 - CONTROL OF SHAREHOLDINGS AND VOTING POWERS
section: 16
title: Control of shareholdings and voting power in licensed trust company
content:
16. —(1) A person must not become — ( a ) a 20% controller; ( b ) a 50% controller; or ( c ) an indirect controller, of a licensed trust company incorporated in Singapore without obtaining the prior approval of the Authority in accordance with section 17. (2) Where any person becomes a controller of a licensed trust company that is incorporated outside Singapore, the licensed trust company must notify the Authority in writing as soon as practicable after the acquisition of the control. (3) In this section — “20% controller” means a person who, alone or together with the person’s associates — ( a ) holds 20% or more but less than 50% of the total number of issued shares in the licensed trust company; or ( b ) is in a position to control voting power of 20% or more but less than 50% in the licensed trust company; “50% controller” means a person who, alone or together with the person’s associates — ( a ) holds 50% or more of the total number of issued shares in the licensed trust company; or ( b ) is in a position to control voting power of 50% or more in the licensed trust company; “indirect controller” means any person, whether acting alone or together with any other person and whether with or without holding shares or controlling voting power in a licensed trust company — ( a ) in accordance with whose directions, instructions or wishes the directors of the licensed trust company 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 licensed trust company, but does not include any person — ( c ) who is a director or other officer of the licensed trust company whose appointment has been approved by the Authority; or ( d ) in accordance with whose directions, instructions or wishes the directors of the licensed trust company are accustomed to act by reason only that they act on advice given by the person in the person’s professional capacity. (4) For the purposes of subsection (3) — ( a ) a person holds a share if — (i) the person is deemed to have an interest in that share under section 7(6) to (10) of the Companies Act 1967; or (ii) the person otherwise has a legal or an equitable interest in that share except for such interest as is to be disregarded under section 7(6) to (10) of the Companies Act 1967; ( b ) a reference to the control of a percentage of the voting power in a licensed trust company is a reference to the control, whether direct or indirect, of that percentage of the total number of votes that might be cast in a general meeting of the licensed trust company; and ( c ) a person, A , is an associate of another person, B , if — (i) A is the spouse or a parent, remoter lineal ancestor or step‑parent or a son, daughter, remoter issue, stepson or stepdaughter or a brother or sister, of B ; (ii) A is a body corporate that is, or a majority of the directors of which are, accustomed or under an obligation whether formal or informal to act in accordance with the directions, instructions or wishes of B ; (iii) A is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B ; (iv) A is a subsidiary of B ; (v) A is a body corporate in which B, alone or together with other associates of B as described in sub‑paragraphs (ii), (iii) and (iv), is in a position to control at least 20% of the voting power in A ; or (vi) A is a person with whom B has an agreement or arrangement, whether oral or in writing and whether express or implied, to act together with respect to the acquisition, holding or disposal of shares or other interests in, or with respect to the exercise of their voting power in relation to, the licensed trust company. [35/2014] (5) In subsection (4)( c ), “subsidiary” has the meaning given by section 5 of the Companies Act 1967. [35/2014]


document_id: tca-2005
provision_ref: s17
chapter: PART 3 - CONTROL OF SHAREHOLDINGS AND VOTING POWERS
section: 17
title: Application for approval of Authority to become controller of licensed trust company
content:
17. —(1) An application for the approval of the Authority as required under section 16(1) must be made to the Authority in such form and manner as the Authority may require and the Authority may grant such approval to the applicant therefor if the Authority is satisfied that — ( a ) the applicant is a fit and proper person; and ( b ) having regard to the applicant’s likely influence, the licensed trust company is likely to continue to conduct its business prudently and comply with the provisions of this Act and directions made under this Act. (2) Any approval under this section may be granted to any person subject to such conditions as the Authority may determine, including but not limited to any condition — ( a ) restricting the person’s disposal or further acquisition of shares or voting power in the licensed trust company; or ( b ) restricting the person’s exercise of voting power in the licensed trust company. (3) Any condition imposed under subsection (2) has effect despite any provision of the Companies Act 1967 or anything contained in the memorandum or articles of association of the licensed trust company.


document_id: tca-2005
provision_ref: s18
chapter: PART 3 - CONTROL OF SHAREHOLDINGS AND VOTING POWERS
section: 18
title: Objection to existing control
content:
18. —(1) The Authority may serve a written notice of objection on any person mentioned in section 16 if the Authority is satisfied that — ( a ) any condition of approval imposed on the person under section 17(2) has not been complied with; ( b ) the person is not or ceases to be a fit and proper person; ( c ) having regard to the likely influence of the person, the licensed trust company is not able to or is no longer likely to conduct its business prudently or to comply with the provisions of this Act or any direction made under this Act; ( d ) the person has provided false or misleading information or documents in connection with an application under section 17; or ( e ) the Authority would not have granted its approval under section 17 had it been aware, at that time, of circumstances relevant to the person’s application for such approval. (2) The Authority must not serve a notice of objection on any person without giving the person an opportunity to be heard, except in the following circumstances: ( a ) the person is in the course of being wound up or otherwise dissolved, or in the case of an individual, in the course of bankruptcy proceedings, whether in Singapore or elsewhere; ( b ) a receiver, a receiver and manager, a judicial manager or an equivalent person has been appointed, whether in Singapore or elsewhere, in relation to or in respect of any property of the person; ( c ) the person has been convicted, whether in Singapore or elsewhere, of any offence involving fraud or dishonesty or the conviction for which involved a finding that the person had acted fraudulently or dishonestly. (3) Any person served with a notice of objection under this section must comply with the requirements of the notice.


document_id: tca-2005
provision_ref: s19
chapter: PART 3 - CONTROL OF SHAREHOLDINGS AND VOTING POWERS
section: 19
title: Licensed trust company to provide to Authority information relating to controllers, etc.
content:
19. A licensed trust company must provide to the Authority, in such form and manner as the Authority may prescribe, information relating to its controllers and the quantity of their control in the licensed trust company.


document_id: tca-2005
provision_ref: s20
chapter: PART 3 - CONTROL OF SHAREHOLDINGS AND VOTING POWERS
section: 20
title: Offences, penalties and defences
content:
20. —(1) Any person who contravenes section 16(1), 18(3) or 19 or any condition imposed under section 17(2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000. (2) Where a person is charged with an offence in respect of a contravention of section 16(1), it is a defence for the person to prove that — ( a ) the person was not aware that the person had contravened that provision; and ( b ) the person has, within 14 days of becoming aware that the person had contravened that provision, notified the Authority of the contravention and, within the time determined by the Authority, taken such actions in relation to the person’s shareholding or control of the voting power in the licensed trust company as the Authority may direct. (3) Where a person is charged with an offence in respect of a contravention of section 16(1), 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 shareholding as described in section 16(4)( a ) or in the voting power controlled by any of the person’s associates described in section 16(4)( c )(i); ( 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 shares or other interests in, or under which they act together in exercising their voting power in relation to, the licensed trust company; and ( c ) the person has, within 14 days of the date of the contravention, notified the Authority of the contravention and, within such time as may be determined by the Authority, taken such action in relation to the person’s shareholding or control of the voting power in the licensed trust company as the Authority may direct. (4) Except as provided in subsections (2) and (3), it is not a defence for a person charged with an offence in respect of a contravention of section 16(1) to prove that the person did not intend to or did not knowingly contravene that provision.


document_id: tca-2005
provision_ref: s21
chapter: PART 3 - CONTROL OF SHAREHOLDINGS AND VOTING POWERS
section: 21
title: Shareholding or control in other corporations
content:
21. —(1) A licensed trust company must not, without obtaining the prior approval of the Authority, acquire or hold more than — ( a ) 20% of the total number of issued shares; or ( b ) 20% of the voting power, in a corporation, unless it acquires or holds such shares or voting power in the course of acting as a trustee. (2) Any licensed trust company which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.


document_id: tca-2005
provision_ref: s21A
chapter: PART 3A - CONTROL OVER LICENSED TRUST COMPANY
section: 21A
title: Interpretation of this Part
content:
21A. In this Part, unless the context otherwise requires — “business” includes affairs and property; “office holder”, in relation to a licensed trust company, means any person acting as the liquidator, the provisional liquidator, the receiver or the receiver and manager of the licensed trust company, or acting in an equivalent capacity in relation to the licensed trust company; “relevant business” means any business of a licensed trust company — ( a ) which the Authority has assumed control of under section 21C; or ( b ) in relation to which a statutory adviser or a statutory manager has been appointed under section 21C; “statutory adviser” means a statutory adviser appointed under section 21C; “statutory manager” means a statutory manager appointed under section 21C. [10/2013]


document_id: tca-2005
provision_ref: s21B
chapter: PART 3A - CONTROL OVER LICENSED TRUST COMPANY
section: 21B
title: Information of insolvency, etc.
content:
21B. —(1) Any licensed trust company which is or is likely to become insolvent, which is or is likely to become unable to meet its obligations, or which has suspended or is about to suspend payments, must immediately inform the Authority of that fact. [10/2013] (2) Any licensed trust company which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. [10/2013]


document_id: tca-2005
provision_ref: s21C
chapter: PART 3A - CONTROL OVER LICENSED TRUST COMPANY
section: 21C
title: Action by Authority if licensed trust company unable to meet obligations, etc.
content:
21C. —(1) The Authority may exercise any one or more of the powers specified in subsection (2) as appears to it to be necessary, where — ( a ) a licensed trust company informs the Authority that it is or is likely to become insolvent, or that it is or is likely to become unable to meet its obligations, or that it has suspended or is about to suspend payments; ( b ) a licensed trust company becomes unable to meet its obligations, or is insolvent, or suspends payments; ( c ) the Authority is of the opinion that a licensed trust company — (i) is carrying on its business in a manner likely to be detrimental to the interests of the public or a section of the public or of the protected parties of the licensed trust company; (ii) is or is likely to become insolvent, or is or is likely to become unable to meet its obligations, or is about to suspend payments; (iii) has contravened any of the provisions of this Act; or (iv) has failed to comply with any condition or restriction attached to its trust business licence; or ( d ) the Authority considers it in the public interest to do so. [10/2013] (2) Subject to subsections (1) and (3), the Authority may — ( a ) require the licensed trust company immediately to take any action or to do or not to do any act or thing whatsoever in relation to its business as the Authority may consider necessary; ( b ) appoint one or more persons as statutory adviser, on such terms and conditions as the Authority may specify, to advise the licensed trust company on the proper management of such of the business of the licensed trust company as the Authority may determine; or ( c ) assume control of and manage such of the business of the licensed trust company as the Authority may determine, or appoint one or more persons as statutory manager to do so on such terms and conditions as the Authority may specify. [10/2013] (3) In the case of a licensed trust company incorporated outside Singapore, any appointment of a statutory adviser or statutory manager or any assumption of control by the Authority of any business of the licensed trust company under subsection (2) must only be in relation to — ( a ) the business or affairs of the licensed trust company carried on in, or managed in or from, Singapore; or ( b ) the property of the licensed trust company located in Singapore, or reflected in the books of the licensed trust company in Singapore (as the case may be) in relation to its operations in Singapore. [10/2013] (4) Where the Authority appoints 2 or more persons as the statutory manager of a licensed trust company, the Authority must specify, in the terms and conditions of the appointment, which of the duties, functions and powers of the statutory manager — ( a ) may be discharged or exercised by such persons jointly and severally; ( b ) must be discharged or exercised by such persons jointly; and ( c ) must be discharged or exercised by a specified person or such persons. [10/2013] (5) Where the Authority has exercised any power under subsection (2), it may, at any time and without affecting its power under section 10(2)( e ), do one or more of the following: ( a ) vary or revoke any requirement of, any appointment made by or any action taken by the Authority in the exercise of such power, on such terms and conditions as it may specify; ( b ) further exercise any of the powers under subsection (2); ( c ) add to, vary or revoke any term or condition specified by the Authority under this section. [10/2013] (6) No liability shall be incurred by a statutory manager or a statutory adviser for anything done (including any statement made) or omitted to be done with reasonable care and in good faith in the course of or in connection with — ( a ) the exercise or purported exercise of any power under this Act; ( b ) the performance or purported performance of any function or duty under this Act; or ( c ) the compliance or purported compliance with this Act. [10/2013] (7) Any licensed trust company that fails to comply with a requirement imposed by the Authority under subsection (2)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. [10/2013]


document_id: tca-2005
provision_ref: s21D
chapter: PART 3A - CONTROL OVER LICENSED TRUST COMPANY
section: 21D
title: Effect of assumption of control under section 21C
content:
21D. —(1) Upon assuming control of the relevant business of a licensed trust company, the Authority or statutory manager (as the case may be) must take custody or control of the relevant business. [10/2013] (2) During the period when the Authority or statutory manager is in control of the relevant business of a licensed trust company, the Authority or statutory manager — ( a ) must manage the relevant business of the licensed trust company in the name of and on behalf of the licensed trust company; and ( b ) is deemed to be an agent of the licensed trust company. [10/2013] (3) In managing the relevant business of a licensed trust company, the Authority or statutory manager — ( a ) must take into consideration the interests of the public or the section of the public mentioned in section 21C(1)( c )(i), or of the protected parties of the licensed trust company; and ( b ) has all the duties, powers and functions of the members of the board of directors of the licensed trust company (collectively and individually) under this Act, the Companies Act 1967 and the constitution of the licensed trust company, including powers of delegation, in relation to the relevant business of the licensed trust company; but nothing in this paragraph requires the Authority or statutory manager to call any meeting of the licensed trust company under the Companies Act 1967 or the constitution of the licensed trust company. [10/2013] (4) Despite any written law or rule of law, upon the assumption of control of the relevant business of a licensed trust company by the Authority or statutory manager, any appointment of a person as the chief executive or a director of the licensed trust company, which was in force immediately before the assumption of control, is deemed to be revoked, unless the Authority gives its approval, by written notice to the person and the licensed trust company, for the person to remain in the appointment. [10/2013] (5) Despite any written law or rule of law, during the period when the Authority or statutory manager is in control of the relevant business of a licensed trust company, except with the approval of the Authority, a person must not be appointed as the chief executive or a director of the licensed trust company. [10/2013] (6) Where the Authority has given its approval under subsection (4) or (5) to a person to remain in the appointment of, or to be appointed as, the chief executive or a director of a licensed trust company, the Authority may at any time, by written notice to the person and the licensed trust company, revoke that approval, and the appointment is deemed to be revoked on the date specified in the notice. [10/2013] (7) Despite any written law or rule of law, if any person, whose appointment as the chief executive or a director of a licensed trust company is revoked under subsection (4) or (6), acts or purports to act after the revocation as the chief executive or a director of the licensed trust company during the period when the Authority or statutory manager is in control of the relevant business of the licensed trust company — ( a ) the act or purported act of the person is invalid and of no effect; and ( b ) the person shall be guilty of an offence. [10/2013] (8) Despite any written law or rule of law, if any person who is appointed as the chief executive or a director of a licensed trust company in contravention of subsection (5) acts or purports to act as the chief executive or a director of the licensed trust company during the period when the Authority or statutory manager is in control of the relevant business of the licensed trust company — ( a ) the act or purported act of the person is invalid and of no effect; and ( b ) the person shall be guilty of an offence. [10/2013] (9) During the period when the Authority or statutory manager is in control of the relevant business of a licensed trust company — ( a ) if there is any conflict or inconsistency between — (i) a direction or decision given by the Authority or statutory manager (including a direction or decision to a person or body of persons referred to in sub‑paragraph (ii)); and (ii) a direction or decision given by any chief executive, director, member, executive officer, employee, agent or office holder, or the board of directors, of the licensed trust company, the direction or decision mentioned in sub‑paragraph (i) prevails over the direction or decision mentioned in sub‑paragraph (ii) to the extent of the conflict or inconsistency; and ( b ) a person must not exercise any voting or other right attached to any share in the licensed trust company in any manner that may defeat or interfere with any duty, function or power of the Authority or statutory manager, and any such act or purported act is invalid and of no effect. [10/2013] (10) Any person who is guilty of an offence under subsection (7) or (8) shall be liable on conviction to a fine not exceeding $50,000 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 $5,000 for every day or part of a day during which the offence continues after conviction. [10/2013] (11) In this section, “constitution”, in relation to a licensed trust company, means the memorandum of association and articles of association of the licensed trust company. [10/2013]


document_id: tca-2005
provision_ref: s21E
chapter: PART 3A - CONTROL OVER LICENSED TRUST COMPANY
section: 21E
title: Duration of control
content:
21E. —(1) The Authority must cease to be in control of the relevant business of a licensed trust company when the Authority is satisfied that — ( a ) the reasons for the Authority’s assumption of control of the relevant business have ceased to exist; or ( b ) it is no longer necessary in the interests of the public or the section of the public mentioned in section 21C(1)( c )(i) or for the protection of the protected parties of the licensed trust company. [10/2013] (2) A statutory manager is deemed to have assumed control of the relevant business of a licensed trust company on the date of the statutory manager’s appointment as a statutory manager. [10/2013] (3) The appointment of a statutory manager in relation to the relevant business of a licensed trust company may be revoked by the Authority at any time — ( a ) if the Authority is satisfied that — (i) the reasons for the appointment have ceased to exist; or (ii) it is no longer necessary in the interests of the public or the section of the public mentioned in section 21C(1)( c )(i) or for the protection of the protected parties of the licensed trust company; or ( b ) on any other ground, and upon the revocation, the statutory manager ceases to be in control of the relevant business of the licensed trust company. [10/2013] (4) The Authority must, as soon as practicable, publish in the Gazette the date, and any other particulars that the Authority thinks fit, of — ( a ) the Authority’s assumption of control of the relevant business of a licensed trust company; ( b ) the cessation of the Authority’s control of the relevant business of a licensed trust company; ( c ) the appointment of a statutory manager in relation to the relevant business of a licensed trust company; and ( d ) the revocation of a statutory manager’s appointment in relation to the relevant business of a licensed trust company. [10/2013]


document_id: tca-2005
provision_ref: s21F
chapter: PART 3A - CONTROL OVER LICENSED TRUST COMPANY
section: 21F
title: Responsibilities of officers, member, etc., of licensed trust company
content:
21F. —(1) During the period when the Authority or statutory manager is in control of the relevant business of a licensed trust company — ( a ) the General Division of the High Court may, on an application by the Authority or statutory manager, direct any person who has ceased to be or who is still any chief executive, director, member, executive officer, employee, agent, banker, auditor or office holder of, or trustee for, the licensed trust company to pay, deliver, convey, surrender or transfer to the Authority or statutory manager, within such period as the General Division of the High Court may specify, any property or book of the licensed trust company which is comprised in, forms part of or relates to the relevant business of the licensed trust company, and which is in the person’s possession or control; and ( b ) any person who has ceased to be or who is still any chief executive, director, member, executive officer, employee, agent, banker, auditor or office holder of, or trustee for, the licensed trust company must give to the Authority or statutory manager such information as the Authority or statutory manager may require for the discharge of the Authority’s or statutory manager’s duties or functions, or the exercise of the Authority’s or statutory manager’s powers, in relation to the licensed trust company, within such time and in such manner as may be specified by the Authority or statutory manager. [10/2013; 40/2019] (2) Any person who — ( a ) without reasonable excuse, fails to comply with subsection (1)( b ); or ( b ) in purported compliance with subsection (1)( b ), knowingly or recklessly provides any information or document that is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 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 $5,000 for every day or part of a day during which the offence continues after conviction. [10/2013]


document_id: tca-2005
provision_ref: s21G
chapter: PART 3A - CONTROL OVER LICENSED TRUST COMPANY
section: 21G
title: Remuneration and expenses of Authority and others in certain cases
content:
21G. —(1) The Authority may at any time fix the remuneration and expenses to be paid by a licensed trust company — ( a ) to a statutory manager or statutory adviser appointed in relation to the licensed trust company, whether or not the appointment has been revoked; and ( b ) where the Authority has assumed control of the relevant business of the licensed trust company, to the Authority and any person appointed by the Authority under section 73 in relation to the Authority’s assumption of control of the relevant business, whether or not the Authority has ceased to be in control of the relevant business. [10/2013] (2) The licensed trust company must reimburse the Authority any remuneration and expenses payable by the licensed trust company to a statutory manager or statutory adviser. [10/2013]


document_id: tca-2005
provision_ref: s21H
chapter: PART 3B - VOLUNTARY TRANSFER OF BUSINESS
section: 21H
title: Interpretation of this Part
content:
21H. In this Part, unless the context otherwise requires — “business” includes affairs, property, right, obligation and liability; “Court” means the General Division of the High Court; “debenture” has the meaning given by section 4(1) of the Companies Act 1967; “property” includes property, right and power of every description; “Registrar of Companies” means the Registrar of Companies appointed under the Companies Act 1967 and includes any Deputy or Assistant Registrar of Companies appointed under that Act; “transferee” means a licensed trust company, or a corporation which has applied or will be applying for a trust business licence, to which the whole or any part of a transferor’s business is, is to be or is proposed to be transferred under this Part; “transferor” means a licensed trust company the whole or any part of the business of which is, is to be, or is proposed to be transferred under this Part. [10/2013; 40/2019]


document_id: tca-2005
provision_ref: s21I
chapter: PART 3B - VOLUNTARY TRANSFER OF BUSINESS
section: 21I
title: Voluntary transfer of business
content:
21I. —(1) A transferor may transfer the whole or any part of its business (including any business that is not trust business) to a transferee, if — ( a ) the Authority has consented to the transfer; ( b ) the transfer involves the whole or any part of the trust business of the transferor; and ( c ) the Court has approved the transfer. [10/2013] (2) Subsection (1) does not affect the right of a licensed trust company to transfer the whole or any part of its business under any law. [10/2013] (3) The Authority may consent to a transfer under subsection (1)( a ) if the Authority is satisfied that — ( a ) the transferee is a fit and proper person; and ( b ) the transferee will conduct the business of the transferor prudently and comply with the provisions of this Act. [10/2013] (4) The Authority may at any time appoint one or more persons to perform an independent assessment of, and provide a report on, the proposed transfer of a transferor’s business (or any part thereof) under this Part. [10/2013] (5) The remuneration and expenses of any person appointed under subsection (4) must be paid by the transferor and the transferee jointly and severally. [10/2013] (6) The Authority must serve a copy of any report provided under subsection (4) on the transferor and the transferee. [10/2013] (7) The Authority may require a person to provide, within the period and in the manner specified by the Authority, any information or document that the Authority may reasonably require for the discharge of its duties or functions, or the exercise of its powers, under this Part. [10/2013] (8) Any person who — ( a ) without reasonable excuse, fails to comply with any requirement under subsection (7); or ( b ) in purported compliance with any requirement under subsection (7), knowingly or recklessly provides any information or document that is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 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 $5,000 for every day or part of a day during which the offence continues after conviction. [10/2013] (9) Where a person claims, before providing the Authority with any information or document that the person is required to provide under subsection (7), that the information or document might tend to incriminate the person, the information or document is not admissible in evidence against the person in criminal proceedings other than proceedings under subsection (8). [10/2013]


document_id: tca-2005
provision_ref: s21J
chapter: PART 3B - VOLUNTARY TRANSFER OF BUSINESS
section: 21J
title: Approval of transfer
content:
21J. —(1) A transferor must apply to the Court for its approval of the transfer of the whole or any part of the business of the transferor to the transferee under this Part. [10/2013] (2) Before making an application under subsection (1) — ( a ) the transferor must lodge with the Authority a report setting out such details of the transfer and provide such supporting documents as the Authority may specify; ( b ) the transferor must obtain the consent of the Authority under section 21I(1)( a ); ( c ) the transferor and the transferee must, if they intend to serve on their respective protected parties a summary of the transfer, obtain the Authority’s approval of the summary; ( d ) the transferor must, at least 15 days before the application is made but not earlier than one month after the report mentioned in paragraph ( a ) is lodged with the Authority, publish in the Gazette and in such newspaper or newspapers as the Authority may determine a notice of the transferor’s intention to make the application and containing any other particulars that may be prescribed; ( e ) the transferor and the transferee must keep at their respective offices in Singapore, for inspection by any person who may be affected by the transfer, a copy of the report mentioned in paragraph ( a ) for a period of 15 days after the publication of the notice mentioned in paragraph ( d ) in the Gazette ; and ( f ) unless the Court directs otherwise, the transferor and the transferee must serve on their respective protected parties affected by the transfer, at least 15 days before the application is made, a copy of the report mentioned in paragraph ( a ) or a summary of the transfer approved by the Authority under paragraph ( c ). [10/2013] (3) The Authority and any person who, in the opinion of the Court, is likely to be affected by the transfer — ( a ) have the right to appear before and be heard by the Court in any proceedings relating to the transfer; and ( b ) may make any application to the Court in relation to the transfer. [10/2013] (4) The Court must not approve the transfer if the Authority has not consented under section 21I(1)( a ) to the transfer. [10/2013] (5) The Court may, after taking into consideration the views (if any) of the Authority on the transfer — ( a ) approve the transfer without modification or subject to any modification agreed to by the transferor and the transferee; or ( b ) refuse to approve the transfer. [10/2013] (6) If the transferee is not granted a trust business licence by the Authority, the Court may approve the transfer on terms that the transfer takes effect only in the event of the transferee being granted a trust business licence by the Authority. [10/2013] (7) The Court may by the order approving the transfer or by any subsequent order provide for all or any of the following matters: ( a ) the transfer to the transferee of the whole or any part of the business of the transferor; ( b ) the allotment or appropriation by the transferee of any share, debenture, policy or other interest in the transferee which under the transfer is to be allotted or appropriated by the transferee to or for any person; ( c ) the continuation by (or against) the transferee of any legal proceedings pending by (or against) the transferor; ( d ) the dissolution, without winding up, of the transferor; ( e ) the provisions to be made for persons who are affected by the transfer; ( f ) such incidental, consequential and supplementary matters as are, in the opinion of the Court, necessary to secure that the transfer is fully effective. [10/2013] (8) Any order under subsection (7) may — ( a ) provide for the transfer of any business, whether or not the transferor otherwise has the capacity to effect the transfer in question; ( b ) make provision in relation to any property which is held by the transferor as trustee; and ( c ) make provision as to any future or contingent right or liability of the transferor, including provision as to the construction of any instrument under which any such right or liability may arise. [10/2013] (9) Subject to subsection (10), where an order made under subsection (7) provides for the transfer to the transferee of the whole or any part of the transferor’s business, then by virtue of the order the business (or part thereof) of the transferor specified in the order is transferred to and vests in the transferee, free in the case of any particular property (if the order so directs) from any charge which by virtue of the transfer is to cease to have effect. [10/2013] (10) No order under subsection (7) has any effect or operation in transferring or otherwise vesting land in Singapore until the appropriate entries are made with respect to the transfer or vesting of that land by the appropriate authority. [10/2013] (11) If any business specified in an order under subsection (7) is governed by the law of any foreign country or territory, the Court may order the transferor to take all necessary steps for securing that the transfer of the business to the transferee is fully effective under the law of that country or territory. [10/2013] (12) Where an order is made under this section, the transferor and the transferee must each lodge within 7 days after the order is made — ( a ) a copy of the order with the Registrar of Companies and with the Authority; and ( b ) where the order relates to land in Singapore, an office copy of the order with the appropriate authority concerned with the registration or recording of dealings in that land. [10/2013] (13) A transferor or transferee which contravenes subsection (12), and every officer of the transferor or transferee (as the case may be) who fails to take all reasonable steps to secure compliance by the transferor or transferee (as the case may be) with that subsection, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction. [10/2013]


document_id: tca-2005
provision_ref: s22
chapter: PART 4 - PROBATE AND ADMINISTRATION
section: 22
title: Licensed trust company may act as executor
content:
22. Where a licensed trust company is appointed executor of the will of any testator, the licensed trust company may apply to the court for probate of the will and, if probate is granted, to exercise and discharge all the powers and duties of an executor.


document_id: tca-2005
provision_ref: s23
chapter: PART 4 - PROBATE AND ADMINISTRATION
section: 23
title: Licensed trust company may be authorised to apply for probate or administration
content:
23. —(1) Subject to subsection (3), where any person is entitled to apply for probate of the will of any testator without leave being reserved to any other person to apply for probate, it is lawful for the person, whether absent from Singapore or not, and despite the provisions of any other written law, instead of the person applying for probate, to authorise a licensed trust company to apply to the court for a grant of administration with the will of the testator annexed, and such a grant may be made to the licensed trust company upon its own application, when so authorised. (2) Subject to subsection (3), where any person is entitled to apply for letters of administration with the will of any testator annexed, it is lawful for the person, whether absent from Singapore or not, and despite the provisions of any other written law, to authorise a licensed trust company, either alone or jointly with any other person, to apply to the court for a grant of letters of administration with the will of the testator annexed, and such a grant may be made to the licensed trust company upon its own application, when so authorised. (3) Subsections (1) and (2) do not apply to a case in which a will provides that the licensed trust company must not act as executor or in the trusts thereof. (4) Despite the provisions of any other written law, any person or persons entitled to apply for letters of administration of the estate of any intestate, whether the person or persons are absent from Singapore or not, may authorise a licensed trust company to apply to the court for such letters of administration, either alone or jointly with any other person, and administration of the estate of the intestate may be granted to the licensed trust company, either alone or jointly, upon its own application, when so authorised. (5) For the purposes of any application to the court for letters of administration of the estate of any deceased person, the court is to consider a licensed trust company, when authorised under subsection (4), to be in law entitled equally with any other person or class of persons to apply for and obtain a grant, but a licensed trust company, being so entitled, is not on that account alone to be preferred to the widower, widow or next of kin of any intestate. (6) A grant of probate or of letters of administration is not to be made to an agent or a nominee on behalf of a licensed trust company.


document_id: tca-2005
provision_ref: s24
chapter: PART 4 - PROBATE AND ADMINISTRATION
section: 24
title: Procedure as to probate applications
content:
24. —(1) In all cases in which a licensed trust company is empowered under this Act to apply for probate or for letters of administration, any application, declaration, account or affidavit or other necessary document may be made or sworn by any officer of the company duly authorised by the licensed trust company in that behalf. [42/2005] (2) Subject to subsection (3), any officer of a licensed trust company appointed by the licensed trust company for that purpose may, on behalf of the licensed trust company, sign any application, account or statement, take any oath, swear any affidavit, make any declaration, verify any act, attend at any court or place, and do any act or thing whatsoever, which may be required to be signed, taken, sworn, made, verified, given or done on behalf of the licensed trust company. [42/2005] (3) Nothing in this Act confers upon any person, not otherwise entitled thereto, any right to appear or be heard before or in any court on behalf of a licensed trust company or to do any act whatsoever on behalf of a licensed trust company which could otherwise be lawfully done only by an advocate and solicitor.


document_id: tca-2005
provision_ref: s25
chapter: PART 4 - PROBATE AND ADMINISTRATION
section: 25
title: Licensed trust company not to provide security
content:
25. —(1) Despite the provisions of the Probate and Administration Act 1934, a licensed trust company to which a grant of letters of administration has been made is not required to provide security for the due administration of the estate. (2) Despite the provisions of the Probate and Administration Act 1934 or any other written law, a licensed trust company appointed by the court to perform the duties of receiver, guardian, committee or any other office or trust is not required to provide security for the due performance of such duties.


document_id: tca-2005
provision_ref: s26
chapter: PART 4 - PROBATE AND ADMINISTRATION
section: 26
title: Guardianship of person prohibited
content:
26. —(1) A licensed trust company must not be any of the following: ( a ) a guardian of the person of an infant; ( b ) a donee of a lasting power of attorney which is granted by an individual under the Mental Capacity Act 2008, and under which that individual confers on the donee authority to make decisions in relation to the personal welfare of that individual; ( c ) a deputy who is appointed or deemed to be appointed for an individual by the court under the Mental Capacity Act 2008, and who is conferred power to make decisions in relation to the personal welfare of that individual. [16/2016] (2) Any licensed trust company which accepts any appointment in contravention of subsection (1) shall be guilty of an offence.


document_id: tca-2005
provision_ref: s27
chapter: PART 5 - CONDUCT OF BUSINESS
section: 27
title: Priority to orders of protected parties
content:
27. —(1) A licensed trust company or any of its employees involved in the management of the assets of an express trust must not enter into any transaction for the purchase or sale of any capital markets products for its, his or her own account unless all instructions to purchase or sell the capital markets products of the same class for the account of the trust have been fulfilled. [4/2017] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: tca-2005
provision_ref: s28
chapter: PART 6 - BOOKS, ACCOUNTS AND AUDIT
section: 28
title: Keeping of books and providing of returns
content:
28. —(1) Where a licensed trust company acts as a trustee of any express trust, the licensed trust company must keep, or cause to be kept, such books as will sufficiently explain the transactions entered into by the licensed trust company on behalf of the trust and the financial position of the trust. (2) A licensed trust company must keep, or cause to be kept, the books relating to the company as will — ( a ) sufficiently explain the transactions and financial position of its business; and ( b ) enable true and fair profit and loss accounts and balance sheets to be prepared from time to time, and its books must be kept in such a manner as will enable them to be conveniently and properly audited. (3) An entry in the books of a licensed trust company required to be kept in accordance with this section is deemed to have been made by, or with the authority of, the licensed trust company. (4) A licensed trust company must retain such books as may be required to be kept under this Act for a period of at least 5 years. [2/2007] (5) A licensed trust company must — ( a ) provide such returns and records in such form and manner as may be prescribed or as may be notified by the Authority in writing; and ( b ) provide such information relating to its business as the Authority may require. (6) The Authority may, without limiting section 82(1), make regulations in respect of all or any of the matters in this section, including the keeping of such books, by a licensed trust company, in such form and manner as the Authority may prescribe. (7) Any licensed trust company which, without reasonable excuse, contravenes subsection (1), (2) or (4) or any regulations made under subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000. (8) Any licensed trust company which, without reasonable excuse, contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. Division 2 &#x2014; Audit


document_id: tca-2005
provision_ref: s29
chapter: PART 6 - BOOKS, ACCOUNTS AND AUDIT
section: 29
title: Appointment of auditors
content:
29. —(1) A licensed trust company must appoint an auditor to audit its accounts and where, for any reason, the auditor ceases to act for the licensed trust company, the licensed trust company must, as soon as practicable thereafter, appoint another auditor. (2) Despite any other provision of this Act or any other written law, the Authority may, if it is not satisfied with the performance of duties by an auditor appointed by a licensed trust company — ( a ) at any time direct the licensed trust company to remove the auditor; and ( b ) direct the licensed trust company, as soon as practicable thereafter, to appoint another auditor, and the licensed trust company must comply with the direction. (3) Any licensed trust company which contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.


document_id: tca-2005
provision_ref: s30
chapter: PART 6 - BOOKS, ACCOUNTS AND AUDIT
section: 30
title: Lodgment of annual accounts, etc.
content:
30. —(1) A licensed trust company must, in respect of each financial year — ( a ) prepare a true and fair profit and loss account and a balance sheet in relation to its business made up to the last day of the financial year; and ( b ) lodge the profit and loss account and balance sheet with the Authority within 5 months, or any extension thereof permitted by the Authority under subsection (2), after the end of the financial year, together with an auditor’s report on that profit and loss account and balance sheet. (2) Where an application for an extension of the period of 5 months specified in subsection (1) has been made by a licensed trust company to the Authority and the Authority is satisfied that there is a special reason for requiring the extension, the Authority may extend that period by not more than 4 months, subject to such conditions or restrictions as the Authority may think fit to impose. (3) A licensed trust company must submit to the Authority, at such intervals and in such manner as the Authority may specify, consolidated statements or information relating to the trusts that are administered by the licensed trust company or for which it provides trust administration services. (4) Any licensed trust company which contravenes subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 for every day or part of a day that the lodgment is late, subject to a maximum fine of $50,000. (5) Any licensed trust company which contravenes any condition or restriction imposed under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.


document_id: tca-2005
provision_ref: s31
chapter: PART 6 - BOOKS, ACCOUNTS AND AUDIT
section: 31
title: Reports by auditor to Authority in certain cases
content:
31. —(1) Where the auditor of a licensed trust company, in the performance of his, her or its duties as such auditor, becomes aware of — ( a ) any matter which, in the auditor’s opinion, adversely affects or may adversely affect the financial position of the licensed trust company to a material extent; ( b ) any matter which, in the auditor’s opinion, constitutes or may constitute a contravention of any provision of this Act or an offence involving fraud or dishonesty; or ( c ) any irregularity that has or may have a material effect upon the accounts, including any irregularity that may affect or jeopardise the moneys or other assets of any protected party of the licensed trust company, the auditor must immediately thereafter send a report in writing of the matter or irregularity to the Authority. (2) Any auditor who contravenes subsection (1) shall be guilty of an offence.


document_id: tca-2005
provision_ref: s32
chapter: PART 6 - BOOKS, ACCOUNTS AND AUDIT
section: 32
title: Power of Authority to appoint auditor
content:
32. —(1) Where — ( a ) a licensed trust company fails to lodge an auditor’s report under section 31; or ( b ) the Authority receives a report under section 31, the Authority may, without affecting its powers under section 36, if it is satisfied that it is in the interests of the licensed trust company, any protected party of the licensed trust company or the public, appoint in writing an auditor to examine and audit, either generally or in relation to any particular matter, the books of the licensed trust company. (2) Where the Authority is of the opinion that the whole or any part of the costs and expenses of an auditor appointed by the Authority under subsection (1) should be borne by the licensed trust company, the Authority may by written notice, direct the licensed trust company to pay a specified amount, being the whole or part of such costs and expenses, within such time and in such manner as may be specified in the direction. (3) Where a licensed trust company fails to comply with a direction under subsection (2), the amount specified in the direction may be recovered by the Authority as a civil debt. (4) An auditor appointed under subsection (1) must, on the conclusion of the examination and audit, submit a report to the Authority. (5) Any auditor who contravenes subsection (4) shall be guilty of an offence.


document_id: tca-2005
provision_ref: s33
chapter: PART 6 - BOOKS, ACCOUNTS AND AUDIT
section: 33
title: Offence to destroy, conceal, alter, etc., books
content:
33. —(1) Any person who, with intent to prevent, delay or obstruct the carrying out of any audit under this Part — ( a ) destroys, conceals or alters any book relating to the business of a licensed trust company or any trust that is administered by the licensed trust company; or ( b ) sends, or conspires with any other person to send, out of Singapore, any book or asset of any description belonging to, in the possession of or under the control of a licensed trust company, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. (2) If, in any proceedings for an offence under subsection (1), it is proved that the person charged with the offence — ( a ) destroyed, concealed or altered any book mentioned in subsection (1)( a ); or ( b ) sent, or conspired to send, out of Singapore, any book or asset mentioned in subsection (1)( b ), the onus of proving that, in so doing, the person did not act with intent to prevent, delay or obstruct the carrying out of an examination and audit under this Part lies on the person.


document_id: tca-2005
provision_ref: s34
chapter: PART 6 - BOOKS, ACCOUNTS AND AUDIT
section: 34
title: Safeguarding of books
content:
34. —(1) A licensed trust company must take reasonable precautions — ( a ) to prevent falsification of the books required to be kept by it under this Act; and ( b ) to facilitate the discovery of any falsification of any such book. (2) Any licensed trust company which contravenes subsection (1) shall be guilty of an offence.


document_id: tca-2005
provision_ref: s35
chapter: PART 6 - BOOKS, ACCOUNTS AND AUDIT
section: 35
title: Restriction on auditor’s and employee’s right to communicate certain matters
content:
35. —(1) Except as may be necessary for the carrying into effect of the provisions of this Act or so far as may be required for the purposes of any legal proceedings, whether civil or criminal, an auditor appointed under section 32 or carrying out any duty imposed under section 36, and any employee of such an auditor, must not disclose any information which may come to his, her or its knowledge or possession in the course of performing his, her or its duties as such auditor or employee (as the case may be) to any person other than — ( a ) the Authority; and ( b ) in the case of an employee of such auditor, the auditor. (2) Any auditor who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000. (3) Any employee of an auditor who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000.


document_id: tca-2005
provision_ref: s36
chapter: PART 6 - BOOKS, ACCOUNTS AND AUDIT
section: 36
title: Additional powers of Authority in respect of auditors
content:
36. —(1) The Authority may impose all or any of the following duties on an auditor of a licensed trust company: ( a ) a duty to submit to the Authority such additional information in relation to the auditor’s audit as the Authority considers necessary; ( b ) a duty to enlarge or extend the scope of the auditor’s audit of the business and affairs of the licensed trust company; ( c ) a duty to carry out any other examination or establish any procedure in any particular case; ( d ) a duty to submit a report to the Authority on any of the matters referred to in paragraphs ( b ) and ( c ), and the auditor must carry out such additional duty or duties. (2) A licensed trust company must remunerate the auditor in respect of the discharge of such additional duty or duties as the Authority may impose under subsection (1). (3) Any auditor who contravenes subsection (1) shall be guilty of an offence. (4) Any licensed trust company which contravenes subsection (2) shall be guilty of an offence.


document_id: tca-2005
provision_ref: s37
chapter: PART 6 - BOOKS, ACCOUNTS AND AUDIT
section: 37
title: Defamation
content:
37. —(1) An auditor of a licensed trust company or employee of such auditor is not, in the absence of malice on the auditor’s or employee’s part, liable to any action for defamation at the suit of any person in respect of — ( a ) any statement made orally or in writing in the discharge of the auditor’s or employee’s duties under this Part; or ( b ) the submission of any report to the Authority under section 31(1), 32(4) or 36(1)( d ). (2) Subsection (1) does not restrict or otherwise affect any right, privilege or immunity that, apart from this section, the auditor or the auditor’s employee has as a defendant in an action for defamation.


document_id: tca-2005
provision_ref: s38
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 38
title: Self-incrimination
content:
38. —(1) A person is not excused from disclosing any information to the Authority, pursuant to a requirement made of that person under this Division, on the ground that the disclosure of the information might tend to incriminate the person. [Act 12 of 2024 wef 24/01/2025] (2) Where a person claims, before making a statement disclosing any information that the person is required to disclose by a requirement made of the person under this Division, that the statement might tend to incriminate the person, that statement is not admissible in evidence against the person in criminal proceedings other than proceedings under this Act. [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s39
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 39
title: Savings for advocates and solicitors
content:
39. —(1) Nothing in this Division — ( a ) compels an advocate and solicitor to disclose or produce a privileged communication, or a document or other material containing a privileged communication, made by or to him or her in that capacity; or ( b ) authorises the taking of any such document or other material which is in his or her possession. [Act 12 of 2024 wef 24/01/2025] (2) An advocate and solicitor who refuses to disclose the information or produce the document or other material referred to in subsection (1) is nevertheless obliged to give the name and address (if he or she knows them) of the person to whom, or by or on behalf of whom, that privileged communication was made. (3) Any advocate and solicitor who contravenes subsection (2) shall be guilty of an offence.


document_id: tca-2005
provision_ref: s40
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 40
title: Inspection by Authority
content:
40. —(1) The Authority may, for the purpose of ensuring that the provisions of this Act have been or are being complied with, from time to time inspect, under conditions of secrecy, the books in the possession, custody or control of a licensed trust company and of any branch, agency or office outside Singapore opened by a licensed trust company that is incorporated in Singapore. (2) For the purposes of an inspection under this section — ( a ) the licensed trust company, or any person who is in possession of the books of the licensed trust company, must produce the books to the Authority and give such information or facilities as may be required by the Authority; ( b ) the licensed trust company must procure that any person who is in possession of its books produce the books to the Authority and give such information or facilities as may be required by the Authority; and ( c ) the Authority may — (i) make copies of, or take possession of, any of the books; (ii) use, or permit the use of, any of the books for the purposes of any proceedings under this Act; and (iii) retain possession of any of the books for so long as is necessary — (A) for the purposes of exercising a power conferred by this section (other than subsection (4)); (B) for a decision to be made on whether or not proceedings should be commenced under this Act in relation to the books; or (C) for such proceedings to be commenced and carried on. (3) A person is not entitled, as against the Authority, to claim a lien on any of the books, but such a lien is not otherwise prejudiced. (4) Subject to Part 8, while the books of a licensed trust company are in the possession of the Authority, the Authority — ( a ) must permit another person to inspect at all reasonable times any of the books that the other person would be entitled (whether under any written law, rule of law or contract) to inspect if they were not in the possession of the Authority; and ( b ) may permit any other person to inspect any of the books. (5) The Authority may require a person who produced any book to the Authority to explain, to the best of the person’s knowledge and belief, any matter about the compilation of the book or to which the book relates. (6) Any person who, without reasonable excuse, contravenes subsection (2) or any requirement of the Authority under subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both 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. Division 2 &#x2014; Investigative powers of Authority Subdivision (1) &#x2014; Preliminary


document_id: tca-2005
provision_ref: s41
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 41
title: Interpretation of this Division
content:
41. In this Division — “auditor” means a public accountant who is registered or deemed to be registered under the Accountants Act 2004; “computer” and “data” have the meanings given by section 2(1) of the Computer Misuse Act 1993; “law enforcement agency” means any authority or person charged with the duty of investigating offences or charging offenders under any written law; “legal counsel” has the meaning given by section 3(7) of the Evidence Act 1893; “officer” — ( a ) in relation to the Authority, includes any person employed by the Authority in an executive capacity; and ( b ) in relation to any corporation (other than a law enforcement agency), has the meaning given by section 4(1) of the Companies Act 1967; “prescribed written law” means this Act or any of the following Acts, and any subsidiary legislation made under this Act or those Acts: ( a ) Banking Act 1970; ( b ) Credit Bureau Act 2016; ( c ) Deposit Insurance and Policy Owners’ Protection Schemes Act 2011; ( d ) Finance Companies Act 1967; ( e ) Financial Advisers Act 2001; ( f ) Financial Holding Companies Act 2013; ( g ) Financial Services and Markets Act 2022; ( h ) Insurance Act 1966; ( i ) Monetary Authority of Singapore Act 1970; ( j ) Payment Services Act 2019; ( k ) Securities and Futures Act 2001; ( l ) such other Act as the Authority may prescribe by regulations made under section 82. [Act 12 of 2024 wef 24/01/2025] Subdivision (2) &#x2014; General


document_id: tca-2005
provision_ref: s42
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 42
title: Investigation by Authority
content:
42. —(1) The Authority may conduct such investigation, under conditions of secrecy, as it considers necessary or expedient for any of the following purposes: ( a ) to perform any of its functions and duties under this Act; ( b ) to ensure compliance with this Act or any written direction issued under this Act; ( c ) to investigate an alleged or suspected contravention of any provision of this Act or any written direction issued under this Act. (2) The Authority may exercise any of its powers under this Division for the purposes of conducting an investigation under subsection (1) despite the provisions of any prescribed written law or any requirement imposed thereunder or any rule of law. (3) Subject to subsection (5), a requirement imposed by the Authority under this Division has effect despite any obligations as to secrecy or other restrictions upon the disclosure of information imposed by any prescribed written law or any requirement imposed thereunder, any rule of law, any contract or any rule of professional conduct. (4) Subject to subsection (5), any person who complies with a requirement imposed by the Authority under this Division is not treated as being in breach of any restriction upon the disclosure of information or thing imposed by any prescribed written law or any requirement imposed thereunder, any rule of law, any contract or any rule of professional conduct. (5) Nothing in this section requires a person to disclose any information subject to legal privilege. (6) No civil or criminal action, other than proceedings for an offence under section 46L, shall lie against any person — ( a ) for giving assistance to the Authority, including answering questions, if the person had given the assistance or answered the questions in good faith in compliance with a requirement imposed by the Authority under this Division; ( b ) for providing information, producing books or giving access to data to the Authority, if the person had done so in good faith in compliance with a requirement imposed by the Authority under this Division; or ( c ) for doing or omitting to do any act, if the person had done or omitted to do the act in good faith and as a result of complying with a requirement imposed by the Authority under this Division. (7) In this section, a reference to a requirement imposed by the Authority under this Division includes a reference to a requirement imposed by an investigator or authorised person under Subdivision (3) or (4). [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s43
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 43
title: Confidentiality of investigation reports
content:
43. —(1) Where a written report or any part of a written report (called in this section the report) has been produced by the Authority in respect of any investigation under section 42 and is provided by the Authority to the person under investigation (called in this section the investigated person), the report must not be disclosed by the investigated person or, if the investigated person is a corporation, by any of its officers or auditors, to any other person except in the circumstances provided under subsection (2). (2) Disclosure of the report mentioned in subsection (1) may be made — ( a ) by the investigated person to any officer or auditor of that investigated person solely in connection with the performance of the duties of the officer or auditor (as the case may be) in that investigated person; ( b ) by any officer or auditor of the investigated person to any other officer or auditor of that investigated person, solely in connection with the performance of their duties in that investigated person; or ( c ) to such other person as the Authority may approve in writing. (3) In granting written approval for any disclosure under subsection (2)( c ), the Authority may impose such conditions or restrictions as it thinks fit on the investigated person, any of its officers or auditors or the person to whom disclosure is approved, and that person must comply with such conditions or restrictions. (4) The obligation on an officer or auditor mentioned in subsection (1) continues after the termination or cessation of his or her employment or appointment by the investigated person. (5) Any person who contravenes subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $75,000 or to imprisonment for a term not exceeding 3 years or to both. (6) Any person to whom the report is disclosed and who knows or has reasonable grounds for believing, at the time of the disclosure, that the report was disclosed to the person in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $12,500, unless the person proves that — ( a ) the disclosure was made contrary to the person’s desire; ( b ) where the disclosure was made in any written or printed form, the person had, as soon as practicable after receiving the report, surrendered or taken all reasonable steps to surrender the report and all copies of the report to the Authority; and ( c ) where the disclosure was made in an electronic form, the person had, as soon as practicable after receiving the report, taken all reasonable steps to ensure that all electronic copies of the report had been deleted and that the report and all copies of the report in other forms had been surrendered to the Authority. [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s44
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 44
title: Self‑incrimination and saving for advocates and solicitors
content:
44. —(1) A person is not excused from disclosing information to the Authority, or an investigator or authorised person mentioned in Subdivision (3) or (4), pursuant to a requirement made of the person under any provision of this Division, on the ground that the disclosure of the information might tend to incriminate the person. (2) Where a person claims, before making a statement disclosing information that the person is required to disclose under any provision of this Division to the Authority or to an investigator or authorised person mentioned in Subdivision (3) or (4), that the statement might tend to incriminate the person, that statement is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence under section 46L(4). (3) For the purposes of any proceedings for an offence under this Act, the making of a statement by an accused person made pursuant to a requirement mentioned in subsection (1), is not to be regarded under section 258(3) of the Criminal Procedure Code 2010 as caused by any inducement, threat or promise merely because the Authority, investigator or authorised person had earlier informed the accused person that the accused person was not excused from disclosing information on the ground that the disclosure of the information might tend to incriminate the accused person, if the Authority, investigator or authorised person (as the case may be) believed in good faith, when so informing the accused person, that — ( a ) the accused person was concerned in an offence under this Act; or ( b ) a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, that the accused person was concerned in an offence under this Act. (4) Nothing in this Division — ( a ) compels an advocate and solicitor or legal counsel to disclose or produce a privileged communication, or a book or other material containing a privileged communication, made by or to the advocate and solicitor or legal counsel in that capacity; or ( b ) authorises the taking of any such book or other material which is in the possession of an advocate and solicitor or legal counsel. (5) Despite subsection (4), an advocate and solicitor or legal counsel — ( a ) who is required under this Division to disclose or produce a privileged communication, or a book or other material containing a privileged communication, made by or to the advocate and solicitor or legal counsel in that capacity; and ( b ) who refuses to disclose or produce the privileged communication, book or other material, must give the name and address (if he or she knows them) of the person to whom, or by or on behalf of whom, that privileged communication was made. [Act 12 of 2024 wef 24/01/2025] Subdivision (3) &#x2014; Examination of persons


document_id: tca-2005
provision_ref: s45
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 45
title: Requirement to appear for examination
content:
45. —(1) For the purpose of an investigation under this Division, the Authority may, in writing, require a person — ( a ) to give to the Authority all reasonable assistance in connection with the investigation; and ( b ) to appear before an officer of the Authority duly authorised by the Authority for examination and to answer questions. (2) A written requirement imposed under subsection (1) must state the general nature of the matter mentioned in that subsection. [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s46
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 46
title: Proceedings at examination
content:
46. The provisions of this Subdivision apply where, pursuant to a requirement made under section 45 for the purposes of an investigation under this Division, a person (called in this Subdivision the examinee) appears before another person (called in this Subdivision the investigator) for examination. [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s46A
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 46A
title: Requirements made of examinee
content:
46A. —(1) The investigator may examine the examinee on oath or affirmation, and may, for that purpose, administer an oath or affirmation to the examinee. (2) The oath or affirmation to be taken or made by the examinee for the purposes of the examination is an oath or affirmation that the statements that the examinee will make are true. (3) The investigator may require the examinee to answer a question that is put to the examinee at the examination and is relevant to a matter that the Authority is investigating, or is to investigate, under this Division. [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s46B
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 46B
title: Examination to take place in private
content:
46B. —(1) The examination must take place in private and the investigator may give directions as to who may be present during the examination or part thereof. (2) A person must not be present at the examination unless the person is — ( a ) the investigator or the examinee; ( b ) a person approved by the Authority; or ( c ) entitled to be present by virtue of a direction under subsection (1). [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s46C
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 46C
title: Record of examination
content:
46C. —(1) The investigator may, and must if the examinee so requests, cause a record to be made of statements made at the examination. (2) If a record made under subsection (1) is in writing or is reduced to writing — ( a ) the investigator may require the examinee to read the record, or to have it read to the examinee, and may require the examinee to sign it; and ( b ) the investigator must, if requested in writing by the examinee to give to the examinee a copy of the written record, provide a copy of the written record without charge within a reasonable time, subject to such conditions as the investigator may impose. [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s46D
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 46D
title: Giving copies of record to other persons
content:
46D. —(1) The Authority may, subject to such conditions or restrictions as it may impose, give a copy of a written record of the examination, or such a copy together with a copy of any related book, to an advocate and solicitor acting on behalf of a person who is carrying on, or is contemplating in good faith, a legal proceeding in respect of a matter to which the examination relates. (2) If the Authority gives a copy of a written record or book to a person under subsection (1), the person, or any other person who has possession, custody or control of the copy or a further copy of the copy, must not, except in connection with preparing, beginning or carrying on, or in the course of, any legal proceeding — ( a ) use the copy or a further copy of the copy; or ( b ) publish, or communicate to a person, the copy, a further copy of the copy, or any part of the contents of the copy. (3) The Authority may, subject to such conditions or restrictions as it may impose, give to a person other than a person mentioned in subsection (1), a copy of a written record of the examination, or the copy together with a copy of any related book. [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s46E
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 46E
title: Copies given subject to conditions
content:
46E. If a copy of any written record or book is given to a person under section 46C(2) or 46D(1) or (3) subject to conditions or restrictions imposed by the investigator or the Authority (as the case may be), the person, and any other person who has possession, custody or control of the copy or the further copy of the copy, must comply with the conditions or restrictions. [Act 12 of 2024 wef 24/01/2025] Subdivision (4) &#x2014; Powers to obtain information


document_id: tca-2005
provision_ref: s46F
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 46F
content:
46F. For the purpose of an investigation under this Division, the Authority may, in writing, require — ( a ) a person who is believed to possess, or to have power to access, any book, or who is believed to possess any information, relating to any matter under investigation; or ( b ) a person who is believed to have power to access any data relating to any matter under investigation, to — ( c ) produce the book or a copy of the book, or to provide the information, at the time and place specified in the written requirement; ( d ) give the Authority or any officer of the Authority who is authorised by the Authority for this purpose (called in this section an investigator) access to the book or data; or ( e ) provide such reasonable assistance as the Authority or an investigator may require for the purposes of accessing the book or data. [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s46G
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 46G
title: Power to enter premises without warrant
content:
46G. —(1) In connection with an investigation under this Division, any officer of the Authority who is authorised by the Authority to do so (called in this section an investigator) and such other officers or persons as the Authority has authorised in writing to accompany the investigator (each called in this section an authorised person) may enter any premises. (2) An investigator or authorised person accompanying the investigator must not enter any premises in the exercise of the powers under this section unless the investigator has given the occupier of the premises a written notice which — ( a ) gives at least 2 working days’ notice of the intended entry; ( b ) indicates the subject matter and purpose of the investigation; and ( c ) indicates the nature of the offences investigated. (3) Subsection (2) does not apply — ( a ) if the investigation relates to an alleged or suspected contravention of any provision of this Act and the investigator has reasonable grounds for suspecting that the premises are, or have been, occupied by a person who is being investigated in relation to the contravention; or ( b ) if the investigator has taken all such steps as are reasonably practicable to give notice under subsection (2)( a ) but has not been able to do so. (4) Where subsection (3) applies, the power of entry conferred by subsection (1) may only be exercised upon production of — ( a ) evidence of the investigator’s authorisation and the authorisation of every authorised person accompanying the investigator; and ( b ) a document containing information indicating the subject matter and purpose of the investigation and the nature of the offences investigated. (5) Without affecting section 46F, an investigator or authorised person entering any premises under this section may — ( a ) bring with him or her to the premises such items as appear to him or her to be necessary; ( b ) require any person on the premises to produce any book or copy of any book or to give access to any data which the investigator or authorised person considers relates to any matter relevant to the investigation; ( c ) require any person on the premises to state, to the best of the person’s knowledge and belief, where any such book or data is to be found; and ( d ) take any step, or issue to any person on the premises any requirement, which appears to be necessary for the purpose of preserving or preventing interference with any such book or data. [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s46H
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 46H
title: Warrant to seize books, etc.
content:
46H. —(1) A Magistrate may, on the application of the Authority — ( a ) issue a warrant, if the Magistrate is satisfied that there are reasonable grounds to suspect that there is, on any particular premises, any book, or a computer in which any data is contained or to which any data is available — (i) being any book or data the production of which, or access to which, has been required under section 46F or 46G, but which has not been produced, or access to which has not been given, in compliance with that requirement; or (ii) being any book or data which, if production of which or access to which is required under section 46F or 46G, will be concealed, removed, tampered with or destroyed; and ( b ) if the Magistrate is also satisfied that there are reasonable grounds to suspect that there is, on those premises, any other book, or a computer in which any other data is contained or to which any other data is available, which relates to any matter relevant to the investigation concerned, direct that the powers exercisable under the warrant extend to such other book or computer. (2) A warrant issued under subsection (1) authorises the Authority or any person named in the warrant, with or without assistance — ( a ) to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose; ( b ) to search the premises and to break open and search anything, whether a fixture or not, in the premises; ( c ) to take possession of, or secure against interference, any book or computer that appears to be a book or computer mentioned in subsection (1)( a ) or ( b ); ( d ) to require any person to provide an explanation of any book or data that appears to be any book or data mentioned in subsection (1)( a ) or ( b ), or to state, to the best of that person’s knowledge and belief, where any such book or data may be found; ( e ) to search any person on those premises, if there are reasonable grounds to suspect that the person has in his or her possession any book or computer that appears to be a book or computer mentioned in subsection (1)( a ) or ( b ), or any equipment or article which relates to any matter relevant to the investigation concerned; ( f ) to remove from those premises for examination any book that appears to be a book mentioned in subsection (1)( a ) or ( b ), or any equipment (including a computer) or article which relates to any matter relevant to the investigation concerned; ( g ) to access, inspect and check the operation of a computer on the premises specified in the warrant, if there are reasonable grounds to suspect that any data mentioned in subsection (1)( a ) or ( b ) is or has been contained in or available to the computer, or that the computer is a computer mentioned in subsection (1)( a ) or ( b ); ( h ) to use any computer mentioned in paragraph ( g ), or cause any such computer to be used — (i) to search any book or data that appears to be a book or any data mentioned in subsection (1)( a ) or ( b ), that is contained in or available to such computer; and (ii) to make a copy of any such book or data; ( i ) to prevent any other person from gaining access to, or using, any computer mentioned in paragraph ( g ) (including by changing any username, password or other authentication information required to gain access to the computer); ( j ) to order any person — (i) to stop accessing or using or to not access or use any computer mentioned in paragraph ( g ); or (ii) to access or use any such computer only under such conditions as the Authority or any person named in the warrant may specify; and ( k ) to order — (i) any person whom the Authority or any person named in the warrant reasonably suspects of using, or of having used, a computer mentioned in paragraph ( g ); (ii) any person having charge of, or otherwise concerned with the operation of, any such computer; or (iii) any person whom the Authority or any person named in the warrant reasonably believes has knowledge of or access to any username, password or other authentication information required to gain access to any such computer, to provide any of the following types of assistance to the Authority: (iv) assistance to gain access to the computer (including assistance through the provision of any username, password or other authentication information required to gain access to the computer); (v) assistance to prevent a person (other than the Authority or any person named in the warrant) from gaining access to, or using, the computer, including assistance in changing any username, password or other authentication information required to gain access to the computer. (3) The Authority or any person named in the warrant may allow any equipment or article mentioned in subsection (2)( f ) to be retained on the premises specified in the warrant, subject to such conditions as the Authority or that person may require. (4) Any person entering any premises by virtue of a warrant issued under subsection (1) may bring with him or her to the premises such items as appear to him or her to be necessary. (5) Where a warrant is issued under subsection (1), and there is no one present at the premises specified in the warrant when the Authority or any person named in the warrant proposes to execute the warrant, the Authority or that person must, before executing the warrant — ( a ) take such steps as are reasonable in all the circumstances to inform the occupier of the premises of the intended entry into the premises; and ( b ) subject to subsection (6), give the occupier or the occupier’s legal or other representative a reasonable opportunity to be present when the warrant is executed. (6) If the Authority or any person named in the warrant is unable to inform the occupier of the premises of the intended entry into the premises, the Authority or that person must, when executing the warrant, leave a copy of the warrant in a prominent place on the premises. (7) On leaving any premises specified in a warrant issued under subsection (1), the Authority or any person named in the warrant must, if the premises are unoccupied or if the occupier of the premises is temporarily absent, leave the premises as effectively secured as the Authority or that person found the premises. (8) The powers conferred by this section are in addition to, and not in derogation of, any other powers conferred by any other written law or rule of law. (9) In this section — “occupier”, in relation to any premises specified in a warrant issued under subsection (1), includes any person whom the Authority or any person named in the warrant reasonably believes to be the occupier of those premises; “premises” includes any structure, building, aircraft, vehicle or vessel. [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s46I
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 46I
title: Powers where books are produced, etc.
content:
46I. —(1) This section applies where — ( a ) any book is produced to the Authority, or access to any book, or any data contained in or available to a computer, is given to the Authority — (i) pursuant to a requirement under section 46F; or (ii) during an entry into any premises by an investigator or authorised person under section 46G; ( b ) under a warrant issued under section 46H(1), the Authority or a person named therein — (i) takes possession of any book or computer; or (ii) secures any book or computer against interference; or ( c ) under a previous application of subsection (6), any book or computer is delivered into the possession of the Authority or a person authorised by it. (2) If subsection (1)( a ) applies, the Authority may take possession of any book or computer mentioned in that provision. (3) The Authority or, where applicable, a person mentioned in subsection (1)( b ) or ( c ) may — ( a ) inspect, and make copies of, or take extracts from, a book, or any data contained in or available to the computer, mentioned in that subsection; ( b ) use, or permit the use of, a book, or any data contained in or available to the computer, mentioned in that subsection for the purposes of any proceedings; ( c ) retain possession of a book or computer mentioned in that subsection for so long as is necessary — (i) for the purposes of exercising a power conferred by this section; (ii) for a decision to be made about whether or not any proceedings to which the book or any data contained in or available to the computer would be relevant should be instituted; or (iii) for such proceedings to be instituted and carried on; and ( d ) require any book stored in any electronic form, or any data, which the Authority or person mentioned in subsection (1)( b ) or ( c ) is satisfied relates to any matter relevant to an investigation under this Division, to be produced in a form which can be taken away and which is visible and legible. (4) No person is entitled, as against the Authority or, where applicable, a person mentioned in subsection (1)( b ) or ( c ) to claim a lien on any book or computer mentioned in that subsection, but such a lien is not otherwise prejudiced. (5) While any book or computer is in the possession of the Authority or (where applicable) the person mentioned in subsection (1)( b ) or ( c ), the Authority or the person — ( a ) must permit another person to inspect at all reasonable times the book or computer as the second-mentioned person would be entitled to inspect if the book or computer were not in the possession of the Authority or the firstmentioned person; and ( b ) may permit any other person to inspect the book or computer. (6) If subsection (1)( a ) or ( b )(i) applies, an investigator or authorised person mentioned in subsection (1)( a ) or a person mentioned in subsection (1)( b ) may deliver any book or computer into the possession of the Authority or of a person authorised by the Authority to receive them. (7) If subsection (1)( a ) or ( b ) or (6) applies, the Authority, an investigator or authorised person mentioned in subsection (1)( a ), a person mentioned in subsection (1)( b ) or a person into whose possession any book or computer is delivered under subsection (6), may require — ( a ) if subsection (1)( a ) applies — a person who produced the book or gave access to the book or the data contained in or available to the computer; or ( b ) if subsection (1)( b ) applies — a person who was a party to the preparation of the book or any data contained in or available to the computer, to explain, to the best of his or her knowledge and belief, any matter about the preparation of the book or data or any matter to which the book or data relates. [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s46J
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 46J
title: Powers where books not produced, information not provided or access to book or data not given
content:
46J. Where a person fails to comply with a requirement imposed by the Authority under section 46F to produce any book, provide any information or give access to any book or data, the Authority may require the person to state, to the best of his or her knowledge and belief — ( a ) the place where such book, or any computer in which such data is contained or to which such data is available, may be found; ( b ) the person who last had possession, custody or control of such book, or any computer in which such data is contained or to which such data is available, and the place where that person may be found; or ( c ) the person who possesses such information and the place where that person may be found. [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s46K
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 46K
title: Copies of or extracts from books to be admitted in evidence
content:
46K. —(1) Subject to this section, a copy of or extract from any book referred to in this Division that is proved to be a true copy of the book, or of the relevant part of the book, is admissible in evidence as if it were the original book, or the relevant part of the original book. (2) For the purposes of subsection (1), evidence that a copy of or extract from any book is a true copy of the book or of a part of the book, may be given by a person who has compared the copy or extract with the book or the relevant part of the book, and may be given orally or by an affidavit sworn, or by a declaration made, before a person authorised to take affidavits or statutory declarations. [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s46L
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 46L
title: Offences under this Division
content:
46L. —(1) An advocate and solicitor or legal counsel who, without reasonable excuse, fails to comply with section 44(5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $12,500. (2) A person who, without reasonable excuse, refuses or fails to comply with — ( a ) any requirement imposed under section 45(1), 46A(3), 46F, 46G(5)( b ), ( c ) or ( d ), 46I(3)( d ) or (7) or 46J; or ( b ) any requirement imposed pursuant to a warrant issued under section 46H(1), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. (3) A person who, without reasonable excuse, refuses or fails to comply with — ( a ) any requirement of an investigator under section 46C(2)( a ); or ( b ) section 46D(2) or 46E, 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. (4) A person who — ( a ) in purported compliance with a requirement imposed under section 44(5), 46F, 46G(5)( b ), ( c ) or ( d ), 46I(3)( d ) or (7) or 46J, or pursuant to a warrant issued under section 46H(1); or ( b ) in the course of examination of the person, provides information or makes a statement that is false or misleading in a material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. (5) It is a defence to a prosecution for an offence under subsection (4) if the defendant proves that the defendant believed on reasonable grounds that the information or statement was true and not misleading. (6) Any person who, knowing or having reasonable grounds to believe that any book, computer, equipment or article relates to a matter that the Authority is investigating or about to investigate under this Division — ( a ) conceals, destroys, mutilates or alters that book, computer, equipment or article; or ( b ) if any such book, computer, equipment or article is within the territory of Singapore, takes or sends the book, computer, equipment or article out of Singapore, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both. (7) A person who, without reasonable excuse, obstructs or hinders the Authority in the exercise of any power under this Division, or obstructs or hinders a person who is exercising any power under section 46G(1) or (5) or executing a warrant issued under section 46H(1), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. (8) Any occupier or person in charge of any premises who fails to provide, to any person who enters those premises under section 46G(1) or under a warrant issued under section 46H(1), all reasonable facilities and assistance for the effective exercise of that person’s powers under section 46G(1) or (5) or under the warrant (as the case may be) 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. [Act 12 of 2024 wef 24/01/2025] Division 3 &#x2014; Transfer of evidence


document_id: tca-2005
provision_ref: s46M
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 46M
title: Interpretation of this Division
content:
46M. In this Division –– “Commercial Affairs Officer” means a Commercial Affairs Officer appointed under section 64 of the Police Force Act 2004; “data” has the meaning given by section 2(1) of the Computer Misuse Act 1993; “police officer” means a member of the Singapore Police Force. [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s46N
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 46N
title: Evidence obtained by Authority may be used in criminal investigations and proceedings
content:
46N. —(1) Despite the provisions of any written law or rule of law, the Authority may provide any book, written record of any examination or other information, or access to any data, obtained by the Authority under Division 2 to –– ( a ) a police officer; ( b ) a Commercial Affairs Officer; or ( c ) the Public Prosecutor, for the purposes of any investigation into or criminal proceedings against a person for an alleged or suspected contravention of any provision under this Act. (2) To avoid doubt, any book, written record of examination or other information provided, or any data to which access is provided, by the Authority under subsection (1) is not inadmissible in any criminal proceedings by reason only that it was first obtained by the Authority under this Act, and the admissibility thereof is to be determined in accordance with the rules of evidence under written law and any relevant rules of law. [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s46O
chapter: PART 7 - SUPERVISION AND INVESTIGATION
section: 46O
title: Evidence obtained under Criminal Procedure Code 2010 may be used for purposes of Act
content:
46O. Despite the provisions of any written law or any rule of law, any book, data, statement or other information obtained by — ( a ) a police officer or a Commercial Affairs Officer in the exercise of his or her powers under Divisions 1 and 2 of Part 4 of the Criminal Procedure Code 2010; or ( b ) an authorised person mentioned in section 20(1) or (1A), 39(1) or 40(2) of the Criminal Procedure Code 2010, in the exercise of his or her powers under those sections, may be provided to the following persons for the following purposes, if it is in the public interest to do so: ( c ) to the Authority — for the purpose of any investigation under section 42(1); ( d ) to the Minister or to an Appeal Advisory Committee constituted under section 51 — for the purpose of any appeal against a decision of the Authority under this Act. [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s47
chapter: PART 8 - DISCLOSURE OF INFORMATION
section: 47
title: Inspection in Singapore by parent supervisory authority
content:
47. —(1) In relation to a licensed trust company that is incorporated outside Singapore, the parent supervisory authority may, with the prior written approval of the Authority and under conditions of secrecy, conduct an inspection in Singapore of the books, accounts and transactions of any branch or office of that licensed trust company in Singapore in accordance with this section if the following conditions are satisfied: ( a ) the inspection is required by the parent supervisory authority for the sole purpose of carrying out its supervisory functions; ( b ) the parent supervisory authority — (i) is prohibited by the laws applicable to the parent supervisory authority from disclosing information obtained by it in the course of the inspection to any other person; or (ii) has given to the Authority such written undertaking, as to the confidentiality of the information obtained, as the Authority may determine; ( c ) the parent supervisory authority has given a written undertaking to the Authority to comply with the provisions of this Act and such conditions as the Authority may impose under subsection (2). (2) The Authority may at any time, whether before, on or after giving written approval for an inspection under this section, require the parent supervisory authority to comply with conditions relating to — ( a ) the classes of information to which the parent supervisory authority is or is not to have access in the course of the inspection; ( b ) the conduct of the inspection; ( c ) the use or disclosure of any information obtained in the course of the inspection; and ( d ) any other matters that the Authority may determine. (3) Subject to compliance by a parent supervisory authority with such conditions as the Authority may impose under subsection (2), a licensed trust company under inspection — ( a ) must afford the parent supervisory authority access to the books, accounts and documents of the branch or office of the licensed trust company under inspection, and provide such information (including information relating to the licensed trust company’s internal control systems) and facilities as may be required to conduct the inspection; and ( b ) is not required to afford the parent supervisory authority access to its books, accounts and documents or to provide information or facilities at such times or at such places as would unduly interfere with the proper conduct of the normal daily business of the licensed trust company. (4) A parent supervisory authority may, with the prior written approval of the Authority, appoint another body to conduct the inspection under subsection (1), and in such event the provisions of this section apply to the appointed body as they apply to the parent supervisory authority. (5) For the purposes of ensuring the confidentiality of any information obtained in the course of an inspection by a parent supervisory authority under this section, section 49(1) applies, with the necessary modifications, to any official of the parent supervisory authority as if the official were an officer of a licensed trust company. (6) To avoid doubt, this section, and section 48 in relation to an inspection under this section, do not apply to any inspection by a parent supervisory authority of the books, accounts and transactions of any branch or office of a licensed trust company, if — ( a ) the parent supervisory authority is an AML/CFT authority as defined in section 17 of the Financial Services and Markets Act 2022, and exercises consolidated supervision authority as defined in that section over that licensed trust company; and [Act 18 of 2022 wef 28/04/2023] ( b ) the inspection is solely for the purpose of such consolidated supervision. [31/2017] (7) Any licensed trust company which, without reasonable excuse, refuses or neglects to afford access to any book, account or document or provide any information or facility as may be required by this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $75,000 and, in the case of a continuing offence, to a further fine not exceeding $7,500 for every day or part of a day during which the offence continues after conviction.


document_id: tca-2005
provision_ref: s48
chapter: PART 8 - DISCLOSURE OF INFORMATION
section: 48
title: Confidentiality of inspection reports
content:
48. —(1) Where a written report or any part of the written report (called in this section the report) has been produced in respect of any licensed trust company in Singapore — ( a ) by the Authority upon an inspection under section 40; or [Act 12 of 2024 wef 24/01/2025] ( b ) by a parent supervisory authority upon an inspection under section 47, the report must not be disclosed by the licensed trust company, or any officer or auditor of the licensed trust company, to any other person except in the circumstances provided under subsection (2). (2) Disclosure of the report mentioned in subsection (1) may be made — ( a ) by the licensed trust company in Singapore to any officer or auditor of that licensed trust company solely in connection with the performance of the duties of the officer or auditor (as the case may be) in that licensed trust company; ( b ) by any officer or auditor of the licensed trust company in Singapore to any other officer or auditor of that licensed trust company, solely in connection with the performance of their duties in that licensed trust company; ( c ) to the Authority if requested by the Authority, where the report has been produced by a parent supervisory authority; or ( d ) to any other person as the Authority may approve in writing. (3) In granting written approval for any disclosure under subsection (2)( d ), the Authority may impose such conditions as it considers appropriate. (4) The obligation on an officer or auditor referred to in subsection (1) continues after the termination or cessation of the officer’s or auditor’s employment or appointment at the licensed trust company. (5) Any person who contravenes subsection (1) or any condition imposed by the Authority under subsection (3) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $75,000 or to imprisonment for a term not exceeding 3 years or to both; or ( b ) in any other case, to a fine not exceeding $150,000. (6) Any person who solicits or procures the disclosure to the person or to any other person of any report or any part of the report in contravention of subsection (1) shall be guilty of an offence. (7) If any person to whom any report or any part of the report is disclosed knows or has reasonable grounds for believing, at the time of the disclosure, that the report was disclosed to the person in contravention of that subsection, the person must report the disclosure to the Authority and take any one or more of the following actions, as appropriate, as soon as is practicable: ( a ) where the disclosure was made in any written form, to surrender or take all reasonable steps to surrender the report and all copies of the report to the Authority; ( b ) where the disclosure was made in an electronic form, to take all reasonable steps to ensure that all electronic copies of the report received by the person are deleted; ( c ) to take any other action that the Authority may direct. (8) Any person who contravenes subsection (7) shall be guilty of an offence. [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s49
chapter: PART 8 - DISCLOSURE OF INFORMATION
section: 49
title: Confidentiality
content:
49. —(1) Information regarding a protected party or the business or other affairs of the protected party (called in this section protected information) must not, in any way, be disclosed by a licensed trust company in Singapore or any of its officers to any other person except as expressly provided in this Act. (2) A licensed trust company in Singapore or any of its officers may, for such purpose as may be specified in the first column of the Third Schedule, disclose protected information to such persons or class of persons as may be specified in the second column of that Schedule, and in compliance with such conditions as may be specified in the third column of that Schedule. (3) Where any protected information is likely to be disclosed in any proceedings referred to in item 3 or 4 of Part 1 of the Third Schedule, the court may, either of its own motion or on the application of any party to the proceedings or the protected party to which the information relates — ( a ) direct that the proceedings be held in private; and [Act 25 of 2021 wef 01/04/2022] ( b ) make any further orders that the court considers necessary to ensure the confidentiality of the information. (4) Where an order has been made by a court under subsection (3), any person who, contrary to the order, publishes any information that is likely to lead to the identification of any party to the proceedings shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $75,000. (5) Any person (including, where the person is a body corporate, an officer of the body corporate) who receives any protected information referred to in Part 2 of the Third Schedule must not, at any time, disclose the information or any part of the information to any other person, except as authorised under that Schedule or if required to do so by an order of court. (6) Any person who contravenes subsection (1) or (5) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $75,000 or to imprisonment for a term not exceeding 3 years or to both; or ( b ) in any other case, to a fine not exceeding $150,000. (7) In this section and in the Third Schedule, unless the context otherwise requires — ( a ) where disclosure of any protected information is authorised under the Third Schedule to be made to any person which is a body corporate, such information may be disclosed to such officers of the body corporate as may be necessary for the purpose for which the disclosure is authorised under that Schedule; and ( b ) the obligation of any officer or other person who receives any protected information referred to in Part 2 of the Third Schedule continues after the termination or cessation of the officer’s or other person’s appointment, employment, engagement or other capacity or office in which the officer or other person had received such information. (8) To avoid doubt, nothing in this section is to be construed to prevent a licensed trust company from entering into an express agreement with a protected party of that licensed trust company for a higher degree of confidentiality than that prescribed in this section and in the Third Schedule. (9) Where, in the course of an inspection under section 40 or an investigation under section 42(1) or the carrying out of the Authority’s function of supervising or regulating a licensed trust company, the Authority incidentally obtains any protected information and such protected information is not necessary for the supervision or regulation of the licensed trust company by the Authority, then, such protected information must be treated as secret by the Authority. [Act 12 of 2024 wef 24/01/2025] (10) Nothing in subsection (9) prevents the Authority from disclosing or publishing consolidated statements aggregating any information obtained by the Authority under section 30(3).


document_id: tca-2005
provision_ref: s50
chapter: PART 9 - APPEALS
section: 50
title: Appeals
content:
50. Any applicant or licensed trust company which is aggrieved by — ( a ) the refusal of the Authority to grant a trust business licence; ( b ) the revocation or suspension of a trust business licence by the Authority; or [Act 12 of 2024 wef 24/01/2025] ( c ) the refusal of the Authority to grant an approval to a licensed trust company to appoint a person as its director or resident manager, [Act 12 of 2024 wef 24/01/2025] ( d ) [ Deleted by Act 12 of 2024 wef 24/01/2025 ] may, within 30 days after it is notified of the decision of the Authority, appeal to the Minister whose decision is final.


document_id: tca-2005
provision_ref: s51
chapter: PART 9 - APPEALS
section: 51
title: Appeals to Minister
content:
51. —(1) Where an appeal is made to the Minister under this Act, the Minister may confirm, vary or reverse the decision of the Authority on appeal, or give any directions in the matter that he or she thinks fit, and the decision of the Minister is final. (2) Where an appeal is made to the Minister under this Act, the Minister must, within 28 days of his or her receipt of the appeal, constitute an Appeal Advisory Committee comprising at least 3 members of the Appeal Advisory Panel and refer that appeal to the Appeal Advisory Committee. (3) The Appeal Advisory Committee must submit to the Minister a written report on the appeal referred to it under subsection (2), and may make any recommendations that it thinks fit. (4) The Minister must consider the report submitted under subsection (3) in making his or her decision under this section but he or she is not bound by the recommendations in the report.


document_id: tca-2005
provision_ref: s52
chapter: PART 9 - APPEALS
section: 52
title: Appeal Advisory Committees
content:
52. —(1) For the purpose of enabling Appeal Advisory Committees to be constituted under section 51, the Minister must appoint a panel (called in this Part the Appeal Advisory Panel) comprising such members from the financial services industry, and the public and private sectors, as the Minister may appoint. (2) A member of the Appeal Advisory Panel is to be appointed for a term of not more than 2 years and is eligible for re‑appointment. (3) An Appeal Advisory Committee has the power, in the exercise of its functions, to inquire into any matter or thing relating to any trust business or any licensed trust company and may, for this purpose, summon any person to give evidence on oath or affirmation or produce any document or material necessary for the purpose of the inquiry. (4) For the purposes of this Act, every member of an Appeal Advisory Committee — ( a ) is deemed to be a public servant for the purposes of the Penal Code 1871; and ( b ) in case of any suit or legal proceedings brought against the member for any act done or omitted to be done in the execution of the member’s duty under the provisions of this Act, has the like protection and privileges as are by law given to a Judge in the execution of his or her office. (5) Every Appeal Advisory Committee must have regard to — ( a ) the interest of the public; ( b ) the interest of the protected parties of licensed trust companies; and ( c ) the safeguarding of sources of information. (6) Subject to the provisions of this Part, an Appeal Advisory Committee may regulate its own procedure and is not bound by the rules of evidence.


document_id: tca-2005
provision_ref: s53
chapter: PART 9 - APPEALS
section: 53
title: Disclosure of information
content:
53. Nothing in this Act requires the Minister or any public servant to disclose any information which he or she considers to be against the interest of the public to disclose.


document_id: tca-2005
provision_ref: s54
chapter: PART 9 - APPEALS
section: 54
title: Regulations for purposes of this Part
content:
54. —(1) The Minister may make regulations for the purposes and provisions of this Part and for the due administration of this Part. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to — ( a ) the appointment of members to, and procedures of, the Appeal Advisory Panel and Appeal Advisory Committees; ( b ) the form and manner in which an appeal to the Minister under this Act is to be made; ( c ) the fees to be paid in respect of any appeal made to the Minister under this Act, including the refund or remission, whether in whole or in part, of such fees; ( d ) the remuneration of the members of the Appeal Advisory Panel and Appeal Advisory Committees; and ( e ) all matters and things which by this Part are required or permitted to be prescribed or which are necessary or expedient to be prescribed to give effect to any provision of this Part.


document_id: tca-2005
provision_ref: s55
chapter: PART 10 - MISCELLANEOUS
section: 55
title: Registration of trust company as shareholder, etc., not notice of trust
content:
55. —(1) Neither the application by a licensed trust company for registration as a member or shareholder in the books of any company or corporation nor the entry of the name of a licensed trust company in the books of any company or corporation constitutes a notice of trust. (2) A company or corporation is not entitled to object to the entering of the name of a licensed trust company in its books by reason only that the licensed trust company may be or is a trustee. (3) In dealings with property, the fact that the person or one of the persons dealt with is a licensed trust company does not of itself constitute a notice of trust.


document_id: tca-2005
provision_ref: s56
chapter: PART 10 - MISCELLANEOUS
section: 56
title: Trusteeship
content:
56. —(1) Subject to subsection (2), in all cases in which the court or any person or persons has or have power to appoint a trustee, whether as an original or a new or an additional trustee, to perform any legal trust or duty, a licensed trust company may be appointed in the same manner as if the licensed trust company were a private individual. (2) A licensed trust company must not be appointed in any case in which the instrument creating the trust, or the power authorising the appointment, forbids the appointment of a company.


document_id: tca-2005
provision_ref: s57
chapter: PART 10 - MISCELLANEOUS
section: 57
title: Joint tenancy
content:
57. A licensed trust company, acting in a fiduciary capacity, is capable of acquiring and holding any property in joint tenancy in the same manner as if it were a private individual.


document_id: tca-2005
provision_ref: s58
chapter: PART 10 - MISCELLANEOUS
section: 58
title: Licensed trust company may act as agent
content:
58. —(1) Subject to subsection (2), a licensed trust company may act under any deed or instrument by which the licensed trust company is appointed agent or attorney for any person, and all the powers conferred upon the licensed trust company by any such deed or instrument may be exercised by such officer of the licensed trust company as the licensed trust company may appoint for that purpose. (2) Nothing in this section is deemed to authorise any person to confer upon a licensed trust company any power which may not lawfully be delegated by the person.


document_id: tca-2005
provision_ref: s59
chapter: PART 10 - MISCELLANEOUS
section: 59
title: Trust funds to be kept separate
content:
59. —(1) Every licensed trust company must ensure that all moneys, property, securities, specified securities‑based derivatives contracts and units in a collective investment scheme received or held by the licensed trust company in a fiduciary capacity are always kept distinct and in separate accounts from its own moneys, property, securities, specified securities‑based derivatives contracts and units in a collective investment scheme and marked in its books for each particular trust, so that they may be distinguished from any other assets shown in the registers and other books of account kept by it and so that the trust moneys do not form part of, or are not mixed with, its general assets. [4/2017] (2) Every licensed trust company must ensure that all investments made by it as trustee are designated so that the trusts to which the investments belong may be readily identified at any time. (3) Any licensed trust company which contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.


document_id: tca-2005
provision_ref: s60
chapter: PART 10 - MISCELLANEOUS
section: 60
title: Unclaimed money to be paid into court
content:
60. —(1) All moneys and assets which remain in the hands of a licensed trust company, as trustee of a trust constituted in Singapore, and unclaimed by the person entitled to them for a period of 6 years after the time when they became payable to that person (except where payment has been restrained by order of a court of competent jurisdiction), together with interest (if any) that has been received by the licensed trust company in respect of the moneys and assets, less any commission or other charges properly chargeable by the licensed trust company, must be paid by the licensed trust company into court — ( a ) under and in accordance with section 62 of the Trustees Act 1967; and ( b ) within such time or at such intervals as may be prescribed. (2) It is not necessary for a licensed trust company to obtain the concurrence or consent of any person to make payment into court in accordance with subsection (1).


document_id: tca-2005
provision_ref: s61
chapter: PART 10 - MISCELLANEOUS
section: 61
title: Falsification of records by officer, auditor, employee or agent of licensed trust company
content:
61. Any officer, auditor, employee or agent of any licensed trust company who — ( a ) wilfully makes, or causes to be made, a false entry in any book of the licensed trust company; ( b ) wilfully omits to make, or causes to be omitted, an entry in any such book; or ( c ) wilfully alters, extracts, conceals or destroys, or causes to be altered, extracted, concealed or destroyed, an entry in any such book, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: tca-2005
provision_ref: s62
chapter: PART 10 - MISCELLANEOUS
section: 62
title: Duty not to provide false information to Authority
content:
62. —(1) Any individual who provides the Authority with any information under this Act or relevant to the Authority’s exercise of powers under this Act must use due care to ensure that the information is not false or misleading in any material particular. (2) Any person, other than an individual, who provides the Authority with any information under this Act or relevant to the Authority’s exercise of powers under this Act must use due care to ensure that the information is not false or misleading. (3) Subsection (1) applies only if no other provision of this Act makes it an offence to do the act mentioned in that subsection. (4) Subsection (2) applies only if no other provision of this Act makes it an offence to do the act mentioned in that subsection. (5) Any individual who — ( a ) signs any document lodged with the Authority; or ( b ) lodges with the Authority any document by electronic means using any identification or identifying code, password or other authentication method or procedure assigned to the individual by the Authority, must use due care to ensure that the document is not false or misleading in any material particular. (6) Any person, other than an individual, who — ( a ) signs any document lodged with the Authority; or ( b ) lodges with the Authority any document by electronic means using any identification or identifying code, password or other authentication method or procedure assigned to the person by the Authority, must use due care to ensure that the document is not false or misleading. (7) Any individual who contravenes subsection (1) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 2 years or to both. (8) Any person who contravenes subsection (2) or (6) shall be guilty of an offence and shall be liable on conviction — ( a ) if the information or document is false or misleading in a material particular — to a fine not exceeding $25,000; or ( b ) in any other case — to a fine not exceeding $12,500. [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s63
chapter: PART 10 - MISCELLANEOUS
section: 63
title: Jurisdiction of court
content:
63. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.


document_id: tca-2005
provision_ref: s64
chapter: PART 10 - MISCELLANEOUS
section: 64
title: Offences by bodies corporate
content:
64. —(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 the body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) In this section, “officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, and includes a person purporting to act in any such capacity. (4) Regulations may provide for the application of any provision of this section, with such modifications as the Authority considers appropriate, to a body corporate formed or recognised under the law of a territory outside Singapore.


document_id: tca-2005
provision_ref: s65
chapter: PART 10 - MISCELLANEOUS
section: 65
title: Offences by officers
content:
65. —(1) Any person, being an officer of a licensed trust company, who fails to take all reasonable steps to secure — ( a ) compliance with any provision of this Act; or ( b ) the accuracy and correctness of any statement submitted under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both. (2) In any proceedings against an officer under subsection (1), it is a defence for the officer to prove that the officer had reasonable grounds for believing that another person was charged with the duty of securing compliance with the requirements of this Act, or with the duty of ensuring that those statements were accurate (as the case may be) and that that person was competent, and in a position, to discharge that duty. (3) An officer shall not be sentenced to imprisonment for any offence under subsection (1) unless, in the opinion of the court, the officer committed the offence wilfully.


document_id: tca-2005
provision_ref: s66
chapter: PART 10 - MISCELLANEOUS
section: 66
title: General penalty
content:
66. Any person who is guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $12,500.


document_id: tca-2005
provision_ref: s67
chapter: PART 10 - MISCELLANEOUS
section: 67
title: Penalty for corporations
content:
67. —(1) Subject to subsections (2) and (3), where a corporation or body corporate is convicted of an offence under this Act, the penalty that the court may impose is a fine not exceeding 2 times the maximum amount that the court could, but for this subsection, impose as a fine for that offence. (2) Subsection (1) does not apply to — ( a ) offences under section 7(3), 11(2), 13(6), 14(6), 21(2), 28(7) or (8), 29(3), 30(4) or (5), 47(6), 48(5)( b ) or 49(6)( b ); and ( b ) offences under any subsidiary legislation made under this Act where it is expressly provided in the subsidiary legislation that subsection (1) does not apply to those offences. (3) Where an individual is convicted of an offence under this Act by virtue of section 64, he or she shall be liable to the fine or imprisonment or both as prescribed for that offence and subsection (1) does not apply.


document_id: tca-2005
provision_ref: s68
chapter: PART 10 - MISCELLANEOUS
section: 68
title: Proceedings with consent of Public Prosecutor
content:
68. Proceedings for an offence under this Act may be taken only with the consent of the Public Prosecutor. [15/2010]


document_id: tca-2005
provision_ref: s69
chapter: PART 10 - MISCELLANEOUS
section: 69
title: Composition of offences
content:
69. —(1) The Authority may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding one half of the amount of the maximum fine prescribed for that offence. [10/2013] (2) The Authority may compound any offence under this Act (including an offence under a provision which has been repealed) that — ( a ) was compoundable under this section at the time the offence was committed; but ( b ) has ceased to be so compoundable, by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding one half of the amount of the maximum fine prescribed for that offence at the time it was committed. [10/2013] (3) On payment of the sum of money mentioned in subsection (1) or (2), no further proceedings are to be taken against that person in respect of the offence. [10/2013] (4) The Authority may make regulations to prescribe the offences that may be compounded. (5) All sums collected by the Authority under subsection (1) or (2) must be paid into the Consolidated Fund. [10/2013]


document_id: tca-2005
provision_ref: s70
chapter: PART 10 - MISCELLANEOUS
section: 70
title: Power to make regulations giving effect to treaty, etc., relating to trust business
content:
70. —(1) Without limiting section 82(1), the Authority may make regulations prescribing the matters necessary or expedient to give effect in Singapore to the provisions of any treaty, convention, arrangement, memorandum of understanding, exchange of letters or other similar instrument relating to trust business, to which Singapore or the Authority is a party. (2) Without limiting subsection (1), such regulations may provide for — ( a ) exemptions from any requirement relating to — (i) the licensing or approval of any person; or (ii) the lodgment or registration of any document, under this Act; ( b ) exemptions from any other requirement in this Act; ( c ) the application of this Act with such modifications as may be necessary; ( d ) the revocation or withdrawal of any exemption granted; and ( e ) the variation of any condition or restriction imposed in connection with the granting of any exemption under this Act.


document_id: tca-2005
provision_ref: s71
chapter: PART 10 - MISCELLANEOUS
section: 71
title: Opportunity to be heard
content:
71. Where this Act provides for a person to be given an opportunity to be heard by the Authority, the Authority may prescribe the manner in which the person is to be given an opportunity to be heard.


document_id: tca-2005
provision_ref: s72
chapter: PART 10 - MISCELLANEOUS
section: 72
title: Power to reprimand for misconduct
content:
72. —(1) Where the Authority is satisfied that a relevant person is guilty of misconduct, the Authority may, if it thinks it necessary in the interest of the public or of the protection of the protected parties of licensed trust companies, reprimand the relevant person. (1A) The Authority may, under subsection (1), reprimand a person who has ceased to be a relevant person, if the person was a relevant person at the time of the misconduct. [Act 12 of 2024 wef 30/08/2024] (2) In this section — “misconduct” means — ( a ) the contravention of — (i) any provision of this Act; (ii) any condition or restriction of a licence or an exemption granted under this Act; (iii) any written direction issued by the Authority under this Act; or (iv) any code, guideline, policy statement or practice note issued or published under section 74; ( b ) the failure by an officer of a licensed trust company or an exempt person to discharge any duty or function of his or her office; or ( c ) the commission of an offence under section 64 or 65(1); “officer” — ( a ) in relation to a body corporate, means a director, chief executive, manager, resident manager, secretary or other similar officer of the body corporate, and includes a 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, a member of the committee of the association or a person holding a position analogous to that of president, secretary or member of a committee, and includes a person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; [Act 12 of 2024 wef 30/08/2024] “relevant person” means any licensed trust company or exempt person, or any employee, officer or partner of the licensed trust company or exempt person.


document_id: tca-2005
provision_ref: s73
chapter: PART 10 - MISCELLANEOUS
section: 73
title: Appointment of assistants
content:
73. —(1) Subject to subsection (2), the Authority may appoint any person to exercise any of its powers or perform any of its functions or duties under this Act, either generally or in any particular case, except the power to make subsidiary legislation. (2) The Authority may appoint one or more of its officers to exercise the power to grant an exemption to any person (not being an exemption granted to a class of persons) under any of the provisions of this Act as specified in the Fourth Schedule, or to revoke any such exemption. [Act 5 of 2025 wef 09/03/2025] (2A) An appointment under subsection (2) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (3) Any person appointed by the Authority under subsection (1) is deemed to be a public servant for the purposes of the Penal Code 1871.


document_id: tca-2005
provision_ref: s74
chapter: PART 10 - MISCELLANEOUS
section: 74
title: Codes, guidelines, etc., by Authority
content:
74. —(1) The Authority may issue, in such manner as it considers appropriate, such codes, guidelines, policy statements, practice notes and no-action letters as it considers appropriate for providing guidance — ( a ) in furtherance of its regulatory objectives; ( b ) in relation to any matter relating to any of the functions of the Authority under any provision of this Act; or ( c ) in relation to the operation of any provision of this Act. (2) The Authority may publish any such code, guideline, policy statement, practice note or no‑action letter in such manner as it thinks fit. (3) The Authority may revoke, vary, revise or amend the whole or any part of any code, guideline, policy statement, practice note or no‑action letter issued under this section in such manner as it thinks fit. (4) Where amendments are made under subsection (3) — ( a ) the other provisions of this section apply, with the necessary modifications, to such amendments as they apply to the code, guideline, policy statement, practice note or no‑action letter; and ( b ) any reference in this Act or any other written law to the code, guideline, policy statement, practice note or no‑action letter however expressed is, unless the context otherwise requires, a reference to the code, guideline, policy statement, practice note or no‑action letter as so amended. (5) Any failure of a person to comply with any provision of a code, guideline, policy statement or practice note issued under this section that applies to the person does not of itself render that person liable to criminal proceedings but any such failure may, in any proceedings whether civil or criminal, be relied upon by any party to the proceedings as tending to establish or to negate any liability which is in question in the proceedings. (6) The issue by the Authority of a no-action letter does not of itself prevent the institution of any criminal proceedings against any person for a contravention of any provision of this Act. (7) Any code, guideline, policy statement or practice note issued under this section — ( a ) may be of general or specific application; and ( b ) may specify that different provisions thereof apply to different circumstances or provide for different cases or classes of cases. (8) It is not necessary to publish any code, guideline, policy statement, practice note or no‑action letter issued under this section in the Gazette . [10/2013] (9) In this section, “no-action letter” means a letter written by the Authority to an applicant for such a letter to the effect that, if the facts are as represented by the applicant, the Authority will not institute proceedings against the applicant in respect of a particular state of affairs or particular conduct.


document_id: tca-2005
provision_ref: s75
chapter: PART 10 - MISCELLANEOUS
section: 75
title: Power of Authority to publish information
content:
75. —(1) The Authority may, where it thinks it necessary or expedient in the interest of the public, a section of the public or the protected parties of licensed trust companies, publish in such form and manner as it thinks fit — ( a ) any information relating to — (i) any licensed trust company; (ii) any exempt person; or (iii) any other person or class of persons granted an exemption under section 80; or ( b ) any other information which the Authority has acquired in the exercise of its functions or the performance of its duties under this Act. (2) Without limiting subsection (1), the Authority may publish information relating to — ( a ) the lapsing, revocation or suspension of the approval, licence or exemption granted to any person referred to in subsection (1); ( b ) the removal of an officer of any person referred to in subsection (1); ( c ) the composition of any offence — (i) under this Act committed by any person; or (ii) under any other law (whether of Singapore or any territory or country outside Singapore) involving a person referred to in subsection (1); ( d ) any civil or criminal proceedings brought — (i) under this Act against any person and the outcome of the proceedings, including any settlement, whether in or out of court; or (ii) under any other law, whether of Singapore or any territory or country outside Singapore, against any person referred to in subsection (1) and the outcome of the proceedings, including any settlement, whether in or out of court; ( e ) any disciplinary proceedings brought by the Authority against any person referred to in subsection (1) and the outcome of the proceedings; and ( f ) any other action as may have been taken by the Minister or the Authority against any person referred to in subsection (1).


document_id: tca-2005
provision_ref: s76
chapter: PART 10 - MISCELLANEOUS
section: 76
title: Power of Authority to issue written directions
content:
76. —(1) The Authority may, if it thinks it necessary or expedient in the interest of the public or the protected parties of licensed trust companies, issue written directions, either of a general or specific nature, to — ( a ) any licensed trust company; ( b ) any exempt person; ( c ) any officer of a licensed trust company or an exempt person; or ( d ) any class of the persons referred to in paragraphs ( a ), ( b ) or ( c ), to comply with such requirements as the Authority may specify in the written directions. (2) Without limiting subsection (1), any written direction may be issued with respect to — ( a ) the standards to be maintained by the licensed trust company or exempt person concerned in the conduct of the business of the licensed trust company or exempt person; ( b ) the type and frequency of submission of financial returns and other information to be submitted to the Authority; and ( c ) the qualifications, experience and training of the officers of the licensed trust company or exempt person, and the person to whom the direction is issued must comply with the direction. (3) Any person who contravenes any direction issued under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine of $5,000 for every day or part of a day during which the offence continues after conviction. (4) It is not necessary to publish any direction issued under subsection (1) in the Gazette . [10/2013] (5) The Authority may at any time vary, rescind or revoke any written direction under subsection (1).


document_id: tca-2005
provision_ref: s77
chapter: PART 10 - MISCELLANEOUS
section: 77
title: Power of court to make certain orders
content:
77. —(1) Where on the application of the Authority, it appears to the court that a person — ( a ) has committed an offence under this Act; ( b ) has contravened any condition or restriction of a trust business licence; or ( c ) is about to do an act that, if done, would be such an offence or contravention, the court may, without affecting any order it would be entitled to make otherwise than under this section, make one or more of the following orders: ( d ) in the case of a persistent or continuing breach of this Act or of any condition or restriction of a licence, an order restraining a person from carrying on all or any of the trust business or from holding the person out as so carrying on all or any of the trust business or so acting; ( e ) for the purpose of securing compliance with any other order under this section, an order directing a person to do or refrain from doing a specified act; ( f ) any ancillary order deemed to be necessary or desirable in consequence of the making of any of these orders. (2) The court may, before making an order under subsection (1), direct that notice of the application be given to such person as the court thinks fit or that notice of the application be published in such manner as it thinks fit, or both. (3) Any person who, without reasonable excuse, contravenes an order made under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. (4) Subsection (3) does not affect the powers of the court in relation to the punishment for contempt of court. (5) The court may, on the application of an affected person or of its own motion, rescind, vary or discharge an order made by the court under this section or suspend the operation of such an order.


document_id: tca-2005
provision_ref: s78
chapter: PART 10 - MISCELLANEOUS
section: 78
title: Injunctions
content:
78. —(1) Where a person has engaged, is engaging or is likely to engage in any conduct that constitutes or would constitute a contravention of this Act, the court may, on the application of the Authority, grant an injunction restraining the person from engaging in the conduct and, if the court is of the opinion that it is desirable to do so, requiring that person to do any act or thing. (2) Where a person has refused or failed, is refusing or failing, or is likely to refuse or fail, to do an act or thing that the person is required by this Act to do, the court may, on the application of the Authority, make an order requiring the person to do that act or thing. (3) Where an application is made to the court for an injunction under subsection (1) or an order under subsection (2), the court may, if the court is of the opinion that it is desirable to do so, before considering the application, grant an interim injunction restraining a person from engaging in conduct of the kind referred to in subsection (1) or make an interim order requiring a person to do any act or thing, pending the determination of the application. (4) Where the court has granted an injunction or interim injunction or made an order or interim order under this section, the court may, on application by the Authority or by any person affected by the injunction, order, interim injunction or interim order, rescind or vary the injunction, order, interim injunction or interim order. (5) An injunction, order, interim injunction or interim order granted or made under this section may be expressed to operate for a period specified in the injunction, order, interim injunction or interim order or until the injunction, order, interim injunction or interim order is rescinded. (6) Any person who contravenes an injunction, order, interim injunction or interim order that is granted or made by the court under this section that is applicable to the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. (7) Where an application is made to the court for the grant of an injunction under subsection (1), the power of the court to grant the injunction may be exercised — ( a ) if the court is satisfied that the person has engaged in conduct of that kind referred to in that subsection, whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or ( b ) if it appears to the court that, in the event that an injunction is not granted, it is likely that the person will engage in conduct of that kind referred to in that subsection, whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the firstmentioned person engages in conduct of that kind. (8) Where an application is made to the court for the making of an order under subsection (2), the power of the court to make the order may be exercised — ( a ) if the court is satisfied that the person has refused or failed to do that act or thing mentioned in that subsection, whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or ( b ) if it appears to the court that, in the event that an order is not made, it is likely the person will refuse or fail to do that act or thing mentioned in that subsection, whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the firstmentioned person refuses or fails to do that act or thing. (9) Where the Authority makes an application to the court for the grant of an injunction or interim injunction or for the making of an order or interim order under this section, the court is not to require the Authority or any other person, as a condition of granting the injunction, order, interim injunction or interim order, to give any undertaking as to damages. (10) Subsection (6) does not affect the powers of the court in relation to the punishment for contempt of court.


document_id: tca-2005
provision_ref: s79
chapter: PART 10 - MISCELLANEOUS
section: 79
title: Service of documents, etc.
content:
79. —(1) Any notice, order or document required or authorised by this Act to be served on any person may be served — ( a ) in the case of an individual — (i) by delivering it to the individual or to some adult member or employee of his or her family or household at his or her last known place of residence; (ii) by leaving it at the individual’s usual or last known place of residence or business in an envelope addressed to him or her; (iii) by sending it by registered post addressed to the individual at his or her usual or last known place of residence or business; or (iv) by sending it by email to the individual’s last email address; or ( b ) in the case of a body corporate or body of persons — (i) by delivering it to the secretary or other similar officer of the body corporate or body of persons at its registered office or principal place of business; (ii) by leaving it at the registered office or principal place of business of the body corporate or body of persons in an envelope addressed to the body corporate or body of persons; (iii) by sending it by registered post addressed to the body corporate or body of persons at its registered office or principal place of business; or (iv) by sending it by email to the last email address of the body corporate or body of persons. (2) Any notice, order or document sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the notice, order or document (as the case may be) would in the ordinary course of post be delivered. (3) When proving service of the notice, order or document mentioned in subsection (2), it is sufficient to prove that the envelope containing the notice, order or document (as the case may be) was properly addressed, stamped and posted by registered post. (4) Service of a notice, order or document, under subsection (1)( a )(iv) or ( b )(iv) takes effect at the time the email becomes capable of being retrieved by the person to whom the notice, order or document is sent. (5) A notice, order or document may be served on a person under subsection (1)( a )(iv) or ( b )(iv) by email only with that person’s prior written consent. (6) This section does not apply to documents to be served in proceedings in court. (7) In this section, “last email address” means — ( a ) the last email address given by the addressee concerned to the person giving or serving the notice, order or document as the email address for the service of notices, orders or documents under this Act; or ( b ) the last email address of the addressee concerned known to the person giving or serving the notice, order or document. [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s79A
chapter: PART 10 - MISCELLANEOUS
section: 79A
title: Electronic service
content:
79A. —(1) The Authority may provide an electronic service for the service of any document that is required or authorised by this Act to be given to or served on any person. (2) For the purposes of the electronic service, the Authority may assign to any person — ( a ) an authentication code; and ( b ) an account with the electronic service. (3) Despite section 79, where any person has given the person’s consent for any document to be given to or served on the person through the electronic service, the Authority may give or serve the document on that person by transmitting an electronic record of the document to that person’s account with the electronic service. (4) Where a person has given the person’s consent for a document to be given to or served on the person through the electronic service, the document is deemed to have been given or served at the time when an electronic record of the document enters the person’s account with the electronic service. (5) Despite any other written law, in any proceedings under this Act — ( a ) an electronic record of any document that was given or served through the electronic service; or ( b ) any copy or print‑out of that electronic record, is admissible as evidence of the facts stated or contained therein if that electronic record, copy or print‑out — ( c ) is certified by the Authority to contain all or any information given or served through the electronic service in accordance with this section; and ( d ) is duly authenticated in the manner specified in subsection (7) or is otherwise authenticated in the manner provided in the Evidence Act 1893 for the authentication of computer output. (6) To avoid doubt — ( a ) an electronic record of any document that was given or served through the electronic service; or ( b ) any copy or print‑out of that electronic record, is not inadmissible in evidence merely because the document was given or served without the delivery of any equivalent document or counterpart in paper form. (7) For the purposes of this section, a certificate — ( a ) giving the particulars of — (i) any person whose authentication code was used to give or serve the document; and (ii) any person or device involved in the production or transmission of the electronic record of the document, or the copy or print‑out of the electronic record; ( b ) identifying the nature of the electronic record or copy or print-out of the electronic record; and ( c ) purporting to be signed by the Authority or by a person occupying a responsible position in relation to the operation of the electronic service at the relevant time, is sufficient evidence that the electronic record, copy or print‑out has been duly authenticated, unless the court, in its discretion, calls for further evidence on this issue. (8) Where the electronic record of any document, or a copy or print‑out of that electronic record, is admissible under subsection (5), it is presumed, until the contrary is proved, that the electronic record, copy or print‑out accurately reproduces the contents of that document. (9) The Authority may make regulations which are necessary or expedient for carrying out the purposes of this section, including regulations prescribing the procedure for the use of the electronic service, including the procedure in circumstances where there is a breakdown or interruption of the electronic service. (10) In this section — “account with the electronic service”, in relation to any person, means a computer account within the electronic service which is assigned by the Authority to that person for the storage and retrieval of electronic records relating to that person; “authentication code”, in relation to any person, means an identification or identifying code, a password or any other authentication method or procedure which is assigned to that person for the purposes of identifying and authenticating the access to and use of the electronic service by that person; “document” includes notice and order; “electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010. [Act 12 of 2024 wef 24/01/2025]


document_id: tca-2005
provision_ref: s80
chapter: PART 10 - MISCELLANEOUS
section: 80
title: Exemption
content:
80. —(1) The Authority may, by regulations, exempt any person or any class of persons, from all or any of the provisions of this Act, subject to such conditions or restrictions as may be prescribed. (2) The Authority may, on the application of any person, by written notice exempt the person from — ( a ) all or any of the provisions of this Act; or ( b ) all or any of the requirements imposed by the Authority under this Act. [Act 12 of 2024 wef 30/08/2024] (3) An exemption granted under subsection (2) — ( a ) may be granted subject to such conditions or restrictions as the Authority may specify by written notice; ( b ) need not be published in the Gazette ; and ( c ) may be withdrawn at any time by the Authority. (4) Any person who contravenes any condition or restriction imposed under subsection (1) or (3)( a ) shall be guilty of an offence.


document_id: tca-2005
provision_ref: s81
chapter: PART 10 - MISCELLANEOUS
section: 81
title: Amendment of Schedules
content:
81. —(1) The Minister may, by order in the Gazette , amend, add to or vary any of Schedules. (2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provisions to the Act as may be necessary or expedient. (3) Any order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: tca-2005
provision_ref: s82
chapter: PART 10 - MISCELLANEOUS
section: 82
title: Regulations
content:
82. —(1) The Authority may make regulations for carrying out the purposes and provisions of this Act and for the due administration of this Act. (2) Without limiting subsection (1), the Authority may make regulations for or with respect to — ( a ) applications for the grant of licences under this Act and matters incidental thereto; ( b ) the minimum financial and other requirements that an applicant must fulfil for it to be issued a licence under this Act; ( c ) the activities of, and standards to be maintained by, a licensed trust company, an exempt person or any person who is granted an exemption under section 80, including the manner, method and place of conducting trust business; ( d ) the particulars to be recorded in, or in respect of, books kept by a licensed trust company; and ( e ) the requirements and restrictions relating to the granting of any unsecured advance, unsecured loan or unsecured credit facility by a licensed trust company. (3) Except as otherwise expressly provided in this Act, the regulations made under this Act — ( a ) may be of general or specific application; ( b ) may provide that a contravention of any specified provision thereof shall be an offence; and ( c ) may provide for penalties not exceeding a fine of $25,000 or imprisonment for a term not exceeding 12 months or both for each offence.


document_id: tcasa-1993
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “access” includes — ( a ) access that is subject to a precondition (such as, but not limited to, the use of a password); ( b ) access by way of push technology; or ( c ) access by way of a standing request; “advertisement” includes any notice, circular, pamphlet, brochure, programme, price list, label, wrapper or other document and any announcement, notification or intimation to the public or any section of the public or to any person or persons made — ( a ) orally or in writing; ( b ) by means of any poster, placard, notice or other document affixed, posted up or displayed on any wall, billboard or hoarding or on any other object or thing; ( c ) by means of producing or transmitting sound or light and whether for aural or visual reception or both; ( d ) by means of any writing on any vehicle, ashtray, calendar, cigarette lighter, clock or any other object or thing; or ( e ) in any other manner; “authorised officer” means any officer or person appointed under section 19; “Authority” means the Health Sciences Authority established under the Health Sciences Authority Act 2001; “chewing tobacco” means loose‑leaf tobacco, plug tobacco, twist tobacco or tobacco bits intended for chewing; “Chief Executive” means the person appointed under section 15 of the Health Sciences Authority Act 2001 to be the Chief Executive of the Authority; “cigarette” means any product which consists in whole or in part of cut, shredded or manufactured tobacco, or any tobacco derivative or tobacco substitute, rolled up in paper, tobacco leaf or other material and which is in any form that is capable of immediate use; “conveyance” includes any vessel, train, aircraft, vehicle, trailer or other mode of transport; “emission” means any substance that is produced when a tobacco product is used; “imitation tobacco product” means any of the products mentioned in section 16(1) or (2); “licence” means an import and wholesale licence mentioned in section 18(1) or (2), or a retail licence mentioned in section 18(3); “newspaper” includes any magazine, journal, periodical or any other publication containing news, intelligence, information or reports of occurrences, or any remarks, observations or comments in relation either to such news, intelligence, information or occurrences or to any other matter of interest to the public or any section of the public, issued in any language at regular or irregular intervals; “packaging”, in relation to any product or article, means any container and any other packaging material in which or with which the product or article is supplied, and includes — ( a ) the box, carton, cylinder, packet, pouch, tin or other receptacle which contains the product or article; ( b ) where any such receptacle is or is to be contained in one or more other receptacles, each of the other receptacles; ( c ) wrapper or wrapping of any nature or form; ( d ) any accompanying leaflet, brochure or other written material; and ( e ) any written, printed or graphic representation that appears on or with, or is attached to, the product or article or any part of its packaging; “point of sale” means an immobile cash register or counter at which a sale by retail may be made, and does not include a conveyance or vending machine; “premises” includes any or part of any vacant land, building, conveyance or place in Singapore; “publish”, in relation to an advertisement, includes to distribute, show, exhibit, display or broadcast by any form of communication or in any manner; “retail outlet” means any shop, kiosk or stall in Singapore at which goods are sold or exposed for sale by retail; “sell” includes — ( a ) to barter or exchange; or ( b ) to supply in circumstances in which the supplier derives a direct benefit, pecuniary or otherwise; “Singapore‑connected person” means — ( a ) a citizen or a permanent resident of Singapore; ( b ) an individual in Singapore; ( c ) a company or other body corporate incorporated in, or having its central management and control in, Singapore; or ( d ) an unincorporated body established in Singapore, and includes any person or persons constituting or responsible for the management of a person in paragraph ( c ) or ( d ); “smoking” means inhaling and expelling the smoke of any tobacco product and includes the holding of any tobacco product which is alight or emitting smoke; “tobacco product” means — ( a ) a cigarette or cigar, or any other form of tobacco; ( b ) a tobacco derivative; ( c ) a tobacco substitute; or ( d ) a mixture containing any form of tobacco or a tobacco derivative or tobacco substitute, but does not include a therapeutic product registered under the Health Products Act 2007; “tobacco substitute” means any article, object or thing that contains nicotine, but does not include any of the following: ( a ) a cigarette or cigar, or any other form of tobacco; ( b ) a tobacco derivative; ( c ) a mixture containing any form of tobacco or a tobacco derivative; ( d ) a therapeutic product registered under the Health Products Act 2007; “trade mark” has the meaning given by section 2(1) of the Trade Marks Act 1998; “unauthorised advertisement” means any advertisement described in section 3(1)( a ), ( b ), ( c ) or ( d ), but not — ( a ) a price list mentioned in section 3(2); ( b ) an advertisement the publication of which is approved under section 3(6); or ( c ) an advertisement published, or caused to be published, by a person exempted under section 22 from section 3(1); “under-aged person” means — ( a ) for 12 months after the date prescribed, an individual who is below 19 years of age; ( b ) for 12 months after the end of the period in paragraph ( a ), an individual who is below 20 years of age; and ( c ) at any time after the end of the period in paragraph ( b ), an individual who is below 21 years of age; “use”, in relation to any tobacco product, means smoking, chewing, inhaling, ingesting or otherwise introducing the tobacco product or any of its constituents or emissions into the human body (whether by oral means or otherwise); “writing” includes painting, inscription, printing, lithography, typewriting, photography and other modes of representing or reproducing words or figures in visible form. [9/2016; 46/2017; 9/2019] (2) For the purposes of this Act, a sale or a purchase (as the case may be) that is transacted online is regarded as a sale or a purchase in Singapore if, and only if, the purchaser is physically present in Singapore and the purchased product is intended to be delivered in Singapore. [46/2017]


document_id: tcasa-1993
provision_ref: s3
chapter: PART 2 - CONTROL OF ADVERTISEMENTS RELATING
section: 3
title: Prohibition on advertisements relating to tobacco products and imitation tobacco products
content:
3. —(1) Subject to subsection (2) or (6), a person must not publish, or cause to be published, or take part in the publication, in Singapore, of any advertisement — ( a ) containing any express or implied inducement, suggestion or request to purchase or to use any tobacco product or imitation tobacco product; ( b ) providing a facility for a person accessing the advertisement on the Internet to purchase any tobacco product or imitation tobacco product; ( c ) relating to any tobacco product or imitation tobacco product or its use in terms which are calculated, expressly or impliedly, to lead to, induce, urge, promote or encourage the use of the tobacco product or imitation tobacco product; or ( d ) mentioning, illustrating or depicting — (i) the name or trade name of any person associated or concerned with the manufacture, distribution or marketing of any tobacco product or imitation tobacco product; (ii) a brand name of, or trade mark relating to, any tobacco product or imitation tobacco product; or (iii) any pictorial device commonly associated with a brand name of, or trade mark relating to, any tobacco product or imitation tobacco product. [9/2016] (2) Subsection (1) does not apply to an advertisement comprising only a price list that is of a prescribed description and is published in prescribed circumstances. [9/2016] (3) A person who contravenes subsection (1) 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 6 months or to both, unless paragraph ( b ) applies; or ( b ) if the person has any previous qualifying conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. [9/2016] (4) In subsection (3), “qualifying conviction” means — ( a ) a conviction for an offence under subsection (3); or ( b ) a conviction for an offence under section 3(1) as in force immediately before 1 August 2016. [9/2016] (5) In any proceedings against a person for contravening subsection (1), it is not necessary for the prosecution to prove that the person knew or had reason to believe that the advertisement published is of a type described in that subsection. [9/2016] (6) The Minister may approve, for such time and upon such conditions as he or she may think fit, the publication of an advertisement or class of advertisements which mentions or refers to the brand name associated with or the name or trade name of a person associated or concerned with the manufacture, distribution or marketing of a tobacco product or imitation tobacco product for the purpose of promoting or identifying any goods or services unconnected with any tobacco product or imitation tobacco product which are manufactured, distributed, marketed or provided by that person. [9/2016] (7) Subsection (6) does not apply to any advertisement or class of advertisements which, directly or indirectly, leads to, induces, urges, promotes or encourages the use of any tobacco product or imitation tobacco product. [9/2016] (8) Where any person fails to comply with any condition imposed by the Minister under this section, the Minister may cancel the approval in relation to which that condition was imposed. (9) Any application for approval under subsection (6) must be made in such form and with such particulars as may be determined by the Minister. (10) In this section, an advertisement that is published electronically is published in Singapore, if — ( a ) the advertisement originates in Singapore, even if none of the persons capable of having access to the advertisement is physically present in Singapore; or ( b ) all of the following apply in respect of the advertisement: (i) the advertisement did not originate in Singapore, or the advertisement’s origin cannot be determined; (ii) the advertisement is published or caused to be published by a Singapore‑connected person or the Singapore‑connected person takes part in that publication; (iii) the advertisement is accessible by persons physically present in Singapore. [9/2016]


document_id: tcasa-1993
provision_ref: s4
chapter: PART 2 - CONTROL OF ADVERTISEMENTS RELATING
section: 4
title: Defences
content:
4. Where a person is charged with an offence for contravening section 3(1) in relation to an unauthorised advertisement, it is a defence for the person charged to prove, on a balance of probabilities, that — ( a ) the person was acting in the course of a business of delivering, transmitting or broadcasting communications (in whatever form or by whatever means) or making data available, and the nature of the business is such that persons undertaking it have no control over the nature or content of the communications or data; or ( b ) the person did not know and had no reason to believe that the advertisement was of a type described in section 3(1). [9/2016]


document_id: tcasa-1993
provision_ref: s5
chapter: PART 2 - CONTROL OF ADVERTISEMENTS RELATING
section: 5
title: Offences by owner and occupier
content:
5. Any person being the owner or occupier of any premises to which the public or any section of the public has access, on payment or otherwise, who knowingly permits or suffers such premises or any part thereof to be kept or used for the publication of any advertisement in contravention of section 3(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 second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: tcasa-1993
provision_ref: s6
chapter: PART 2 - CONTROL OF ADVERTISEMENTS RELATING
section: 6
title: Presumption relating to printed documents
content:
6. Where more than 10 copies of a notice, pamphlet, brochure or other printed document, containing an advertisement described in section 3(1)( a ), ( c ) or ( d ), are found in the possession of or in premises occupied by a person who is associated or concerned with the manufacture, distribution or marketing of any tobacco product or imitation tobacco product associated with or related to the brand name, trade name or trade mark mentioned or depicted in the advertisement, the person is presumed, until the contrary is proved, to have taken part in the publication of the advertisement in contravention of section 3(1). [9/2016]


document_id: tcasa-1993
provision_ref: s7
chapter: PART 2 - CONTROL OF ADVERTISEMENTS RELATING
section: 7
title: Advertisements in newspapers published outside Singapore
content:
7. —(1) This Part does not apply to any advertisement described in section 3(1)( a ), ( c ) or ( d ) (called in this section a relevant advertisement), if the advertisement is contained in a newspaper that — ( a ) is printed or published outside Singapore; ( b ) is brought into Singapore for sale, free distribution or personal use; and ( c ) is not a newspaper of a class or description specified by the Minister by notification in the Gazette . [9/2016] (2) Despite subsection (1), a person must not distribute or supply or cause to be distributed or supplied, whether free of charge or otherwise, any newspaper or printed matter containing any relevant advertisement which is printed or published outside Singapore and is brought into Singapore, if that newspaper or printed matter — ( a ) forms part of, or is supplemental to, any newspaper that is printed or published in Singapore; and ( b ) is supplied or distributed to any purchaser or subscriber of any newspaper that is printed or published in Singapore, whether or not the firstmentioned newspaper or printed matter is supplied or distributed at the same time as, or together with, the newspaper printed or published in Singapore. [9/2016] (3) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: tcasa-1993
provision_ref: s8
chapter: PART 2 - CONTROL OF ADVERTISEMENTS RELATING
section: 8
title: Advertisements not exempted
content:
8. Nothing in section 7(1) is to be construed as exempting from the provisions of this Act any unauthorised advertisement contained in any notice, circular, pamphlet, brochure or other printed matter or document which is not a newspaper within the meaning of this Act and which is printed or published outside Singapore and brought into Singapore for distribution solely or mainly for the purpose of announcing or commending the qualities of any brand of tobacco product or imitation tobacco product. [9/2016]


document_id: tcasa-1993
provision_ref: s9
chapter: PART 3 - CONTROL OF SALE OF TOBACCO PRODUCTS
section: 9
title: Prohibition on sales promotion of tobacco products
content:
9. —(1) A person must not sell or offer for sale in Singapore to any person, whether in Singapore or elsewhere — ( a ) any goods or services with any tobacco product as a free gift; ( b ) any tobacco product with any other goods or services as a free gift; or ( c ) any tobacco product packaged or labelled together or otherwise in conjunction with any other goods or services. [9/2016] (2) A person must not — ( a ) distribute or give in Singapore; ( b ) cause in Singapore to be distributed or given; or ( c ) assist in Singapore in the distribution or giving of, any free sample of a tobacco product to the public or any section of the public (whether in Singapore or elsewhere) other than to persons who are associated or concerned with the manufacture, distribution or sale of tobacco products. [9/2016] (3) A person must not offer or give in Singapore any tobacco product as a prize in any lottery, raffle, draw, game or competition, whether held in Singapore or elsewhere. [9/2016] (4) Any person who contravenes subsection (1), (2) or (3) 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 and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: tcasa-1993
provision_ref: s9A
chapter: PART 3 - CONTROL OF SALE OF TOBACCO PRODUCTS
section: 9A
title: Prohibition on shopper loyalty programmes involving tobacco products
content:
9A. —(1) A person in Singapore must not implement or conduct a programme — ( a ) under which a gift or other benefit may be obtained by a purchaser of tobacco products on the basis of the amount or type of those products purchased, whether or not the programme extends to the purchase of other goods or services; or ( b ) under which a purchaser of goods or services may be entitled to a gift of any tobacco product, whether or not the purchaser may accept another gift. [9/2016] (2) For the purposes of subsection (1), it does not matter whether the programme is implemented or conducted in Singapore or elsewhere, or whether or not the purchaser is physically present in Singapore. [9/2016] (3) A person who contravenes subsection (1) 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 6 months or to both; or ( b ) in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. [9/2016]


document_id: tcasa-1993
provision_ref: s10
chapter: PART 3 - CONTROL OF SALE OF TOBACCO PRODUCTS
section: 10
title: Prohibition on supply to under-aged persons
content:
10. —(1) Any person who, directly or indirectly, does any of the following in Singapore: ( a ) sells any tobacco product to an under-aged person; ( b ) buys or acquires any tobacco product for the purpose of giving it, whether or not for a consideration, to an under‑aged person; ( c ) gives or furnishes any tobacco product to an under-aged person, shall be guilty of an offence and shall be liable on conviction for — ( d ) an offence under paragraph ( a ) to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000; ( e ) an offence under paragraph ( b ) to a fine not exceeding $2,500 and, in the case of a second or subsequent conviction, to a fine not exceeding $5,000; or ( f ) an offence under paragraph ( c ) to a fine not exceeding $500 and, in the case of a second or subsequent conviction, to a fine not exceeding $1,000. [9/2016; 46/2017] (2) It is a defence to any prosecution for an offence under subsection (1) if a person proves that the person — ( a ) had reasonable grounds to believe and did make reasonable inquiries to ascertain that the person to whom the tobacco product was sold, given or furnished was not an under‑aged person; or ( b ) had received from the person to whom the tobacco product was sold, given or furnished evidence purporting to show that that person was not an under‑aged person, and that it was reasonable to and the firstmentioned person did accept that evidence as correct. [46/2017]


document_id: tcasa-1993
provision_ref: s11
chapter: PART 3 - CONTROL OF SALE OF TOBACCO PRODUCTS
section: 11
title: Control of use of tobacco products by under-aged persons
content:
11. —(1) A person who, being an under-aged person — ( a ) uses or has in the person’s possession, in a public place or on a road in Singapore, any tobacco product; or ( b ) buys in Singapore any tobacco product, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $300. [9/2016; 46/2017] (2) For the purposes of subsection (1), it does not matter whether the possession or the buying of the tobacco product by the person is for the person’s own use or for someone else to use. [9/2016] (3) Where a police officer or an authorised officer finds in any public place or on a road a person, whom the officer reasonably suspects as being an under-aged person, using or about to use any tobacco product or in possession of any tobacco product, the officer may seize the tobacco product. [9/2016; 46/2017] (4) In this section — “public place” means the premises of a school within the meaning given by the Education Act 1957 or any premises to which members of the public or a section of the public have or ordinarily would have access whether on payment of a fee or otherwise; “road” has the meaning given by the Road Traffic Act 1961.


document_id: tcasa-1993
provision_ref: s12
chapter: PART 3 - CONTROL OF SALE OF TOBACCO PRODUCTS
section: 12
title: Number of cigarettes in package
content:
12. —(1) A person must not do any of the following, except in the form of a package containing not less than the prescribed minimum number of cigarettes: ( a ) import, or permit the import, into Singapore of any cigarette for the purpose of sale; ( b ) distribute, or permit the distribution, in Singapore of any cigarette for the purpose of sale; ( c ) sell or offer to sell, or permit the sale of or offer for sale of, any cigarette in Singapore; ( d ) possess in Singapore any cigarette for the purpose of sale in Singapore. [9/2016] (2) Subsection (1) does not apply to the import of cigarettes into Singapore solely for the purpose of taking them out of Singapore, whether on the same conveyance on which they were brought into Singapore or on another conveyance and whether or not they are landed and kept in any place in Singapore pending their being taken out of Singapore. (3) 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 and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. (4) In subsection (1) — “cigarette” includes any cigarillo; “cigarillo” means — ( a ) a cigar that weighs less than 1.4 grams or such other weight as the Minister may by notification in the Gazette prescribe; or ( b ) any tobacco product that is labelled, described or promoted as a cigarillo; “package” — ( a ) means any box, carton or other container in which cigarettes are supplied for the purpose of sale; and ( b ) includes, in the case where the package is, or several packages are, contained inside one or more larger packages, the smaller package or each of the smaller packages, as the case may be; “prescribed minimum number of cigarettes” means — ( a ) 20 cigarettes, where no other number of cigarettes is specified under paragraph ( b ); or ( b ) where a number of cigarettes is specified under this paragraph by the Minister for the purposes of this section by notification in the Gazette , the number of cigarettes so specified. [9/2016]


document_id: tcasa-1993
provision_ref: s12A
chapter: PART 3 - CONTROL OF SALE OF TOBACCO PRODUCTS
section: 12A
title: Prohibition on display of tobacco products
content:
12A. —(1) Except as otherwise provided in subsection (3) or exempted under section 22, a person who distributes, sells or offers for sale any tobacco product by retail on any premises — ( a ) must not display or cause to be displayed any tobacco product on the premises when so distributing, selling or offering for sale; ( b ) must ensure that no customer or member of the public can see the tobacco products from inside or outside the premises; and ( c ) must ensure that paragraph ( b ) is complied with in the prescribed manner. [9/2016] (2) Except as otherwise provided in subsection (3) or exempted under section 22, a person who is the owner or occupier of any premises to which the public or any section of the public in Singapore has access (on payment or otherwise) must not display or cause to be displayed any tobacco product on the premises. [9/2016] (3) This section does not apply to the display of tobacco products on any premises — ( a ) to a customer of the business concerned at the customer’s request; ( b ) by a customer of the business concerned; or ( c ) in such other circumstances as may be prescribed. [9/2016] (4) However, a display of tobacco products referred to in subsection (3) must not consist of a display of the products, or representations of the products, that constitute an advertisement itself as distinct from the display allowed under that subsection. [9/2016] (5) A person who contravenes subsection (1)( a ) or ( b ) or (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 6 months or to both; or ( b ) in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. [9/2016] (6) A person who contravenes subsection (1)( c ) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or ( 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 6 months or to both. [9/2016]


document_id: tcasa-1993
provision_ref: s13
chapter: PART 3 - CONTROL OF SALE OF TOBACCO PRODUCTS
section: 13
title: Warning notices
content:
13. —(1) A person who distributes, sells or offers for sale any tobacco product by retail at any retail outlet must display or cause to be displayed at the retail outlet the number of warning notices of the type and at the locations at the retail outlet as the Authority may direct. [9/2016] (2) In relation to the type of warning notice to be displayed, the Authority may give directions about the size, wording or appearance of the warning notice, including requiring the display of any warning notice provided by the Health Promotion Board. [9/2016] (3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $5,000; or ( b ) in the case of a second or subsequent conviction, to a fine not exceeding $10,000. [9/2016] (4) In this section, “warning notice” means a notice stating to the effect that the sale of any tobacco product to under‑aged persons is prohibited by law. [9/2016; 46/2017] 14. [ Repealed by Act 9 of 2016 ]


document_id: tcasa-1993
provision_ref: s15
chapter: PART 3 - CONTROL OF SALE OF TOBACCO PRODUCTS
section: 15
title: Prohibition of harmful tobacco products
content:
15. —(1) Despite anything in this Act but subject to subsection (4), a person must not import into Singapore, or distribute, sell, offer for sale or possess for sale in Singapore — ( a ) any chewing tobacco; ( b ) such other tobacco product, or class of tobacco products, intended, labelled or described as suitable for use other than smoking, as the Minister may by regulations prescribe; ( c ) such tobacco product, or class of tobacco products, as the Minister may by regulations prescribe, where the Minister is of the opinion that that product or class of products has or is capable of having the effect of encouraging or otherwise promoting smoking or other uses of tobacco products; or ( d ) such tobacco product, or class of tobacco products, as the Minister may by regulations prescribe, where the Minister is of the opinion that that product or class of products has or is capable of having, directly or indirectly, an adverse effect on the health of the public or any section of the public. [9/2016; 46/2017] (2) Subject to subsection (4), a person must not import into Singapore, or distribute, sell, offer for sale or possess for sale in Singapore such tobacco product or class of tobacco products as the Minister may by regulations prescribe, being tobacco product — ( a ) that contains; or ( b ) the emissions of which contain, any substance in excess of such maximum amounts as may be prescribed for that substance. [9/2016; 46/2017] (3) A person must not — ( a ) subject to subsection (4), possess in Singapore, other than for the purpose of sale in Singapore; ( b ) purchase in Singapore; or ( c ) use in Singapore, any tobacco product mentioned in subsection (1) or (2). [46/2017] (4) Subsections (1), (2) and (3) do not apply to the import of tobacco products into Singapore solely for the purpose of taking them out of Singapore, whether on the same conveyance on which they were brought into Singapore or on another conveyance and whether or not they are landed and kept in any place in Singapore pending their being taken out of Singapore. [46/2017] (5) For the purposes of subsection (2), the Minister may prescribe different maximum amounts for different substances, in relation to different classes or descriptions of tobacco products. (6) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. (7) A person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [46/2017]


document_id: tcasa-1993
provision_ref: s16
chapter: PART 3 - CONTROL OF SALE OF TOBACCO PRODUCTS
section: 16
title: Prohibition of imitation tobacco products
content:
16. —(1) A person must not import into Singapore, or distribute, sell, offer for sale or possess for sale in Singapore, any confectionery or other food product, or any toy, device or article — ( a ) that resembles, or is designed to resemble, a tobacco product; ( b ) that is capable of being smoked; ( c ) that may be used in such a way as to mimic the act of smoking; or ( d ) the packaging of which resembles, or is designed to resemble, the packaging commonly associated with tobacco products. [9/2016; 46/2017] (2) A person must not import into Singapore, or distribute, sell, offer for sale or possess for sale in Singapore, any component of a toy, a device or an article referred to in subsection (1). [9/2016; 46/2017] (3) A person must not — ( a ) possess in Singapore, other than for the purpose of sale in Singapore; ( b ) purchase in Singapore; or ( c ) use in Singapore, any item mentioned in subsection (1) or (2). [46/2017] (4) A person who contravenes subsection (1) 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 6 months or to both, unless paragraph ( b ) applies; or ( b ) if the person has any previous qualifying conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. [9/2016] (5) In subsection (4), “qualifying conviction” means — ( a ) a conviction for an offence under subsection (4); or ( b ) a conviction for an offence under section 16(2) as in force immediately before 1 August 2016. [9/2016] (6) A person who contravenes 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 6 months or to both; or ( b ) in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. [9/2016] (7) A person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [46/2017] (8) It is not necessary for an item mentioned in subsection (1) or (2) to contain tobacco or a tobacco product or tobacco substitute. [46/2017]


document_id: tcasa-1993
provision_ref: s17
chapter: PART 3 - CONTROL OF SALE OF TOBACCO PRODUCTS
section: 17
title: Appearance of tobacco products, packaging and labelling
content:
17. —(1) A person must not — ( a ) import into Singapore; or ( b ) distribute, sell, offer for sale or possess for sale in Singapore, a tobacco product which, or the packaging or labelling of which, does not comply with subsection (3). [9/2019] (2) However, subsection (1)( a ) does not apply to the import of tobacco products into Singapore solely for — ( a ) the re-export of the tobacco products from Singapore — (i) whether or not on the same conveyance on which the tobacco products were brought into Singapore; and (ii) whether or not the tobacco products are landed and kept in any place in Singapore before they are taken out of Singapore; or ( b ) the repackaging or relabelling of the tobacco products into packaging or with labelling that complies with subsection (3). [9/2019] (3) A tobacco product, and the packaging or labelling of any tobacco product — ( a ) must comply with every requirement prescribed in relation to the tobacco product or its packaging or labelling (as the case may be), including any requirement as to size, appearance, design, health warnings and other information to be stated; and ( b ) despite any written law or rule of law, must not bear any trade mark, term, descriptor, figurative or other sign, feature, scent or sound — (i) that is prescribed as prohibited in relation to the tobacco product or its packaging or labelling; or (ii) that promotes the tobacco product by any means that is false, misleading, deceptive or likely to create an erroneous impression about the characteristics, health effects, hazards or emissions of the tobacco product, including the misleading impression that the tobacco product is less harmful than other tobacco products. [9/2019] (4) A person who contravenes subsection (1) 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 6 months or to both, unless paragraph ( b ) applies; or ( b ) if the person has any prior qualifying conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. [9/2019] (5) In subsection (4), “qualifying conviction” means — ( a ) a conviction for an offence under subsection (4); or ( b ) a conviction for an offence under section 17(2) or 17A(4) as in force immediately before 1 July 2020. [9/2019] 17A. [ Repealed by Act 9 of 2019 ]


document_id: tcasa-1993
provision_ref: s18
chapter: PART 3 - CONTROL OF SALE OF TOBACCO PRODUCTS
section: 18
title: Licence required for dealing with tobacco products
content:
18. —(1) A person must not import into Singapore any tobacco product, unless the person holds a valid import and wholesale licence. [9/2016] (2) A person must not do any of the following in Singapore except by the authority of and in accordance with a valid import and wholesale licence: ( a ) distribute by wholesale any tobacco product; ( b ) sell or offer for sale by wholesale any tobacco product; ( c ) permit to be sold or offered for sale by wholesale any tobacco product; ( d ) have in the person’s possession for sale by wholesale any tobacco product. [9/2016] (3) A person must not do any of the following in Singapore except by the authority of and in accordance with a valid retail licence: ( a ) distribute by retail any tobacco product; ( b ) sell or offer for sale by retail any tobacco product; ( c ) permit to be sold or offered for sale by retail any tobacco product; ( d ) have in the person’s possession for sale by retail any tobacco product. [9/2016] (4) In particular — ( a ) an import and wholesale licence may authorise the doing of any act in subsection (2) only at premises specified in the licence; and ( b ) the holder of a valid retail licence is authorised to do any act in subsection (3) only at a single point of sale within a retail outlet specified in the licence. [9/2016; 46/2017] (5) A person who contravenes subsection (1), (2), (3) or (4) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $10,000, unless paragraph ( b ) applies; or ( b ) if the person has any previous qualifying conviction, to a fine not exceeding $20,000. [9/2016; 46/2017; 9/2019] (6) In subsection (5), “qualifying conviction” means — ( a ) a conviction for an offence under subsection (5); or ( b ) a conviction for an offence under section 18(4) as in force immediately before 30 December 2017. [9/2016] (7) An application for a licence must be made to the Authority in writing in such form as the Authority may require. [9/2016] (8) Subject to subsection (9), the Authority may grant a licence on any terms and conditions, if the Authority is satisfied that the prescribed requirements for the grant of a licence are met. [9/2016] (9) No licence may be granted for the sale by wholesale or retail of any tobacco product by way of a vending machine. [9/2016] (10) Any person who is aggrieved by a decision of the Authority refusing to grant or renew a licence to the person, or revoking, suspending or cancelling the person’s licence, may appeal to the Minister — ( a ) within 14 days after receiving notice of the decision; or ( b ) within such extended period as the Minister may allow in any particular case. [9/2016] (11) To avoid doubt, nothing in subsection (1), (2) or (3) authorises any person to import, distribute, sell or offer for sale, permit to be sold or offered for sale, or have in the person’s possession for sale, any tobacco product that is prohibited under section 15. [9/2016]


document_id: tcasa-1993
provision_ref: s19
chapter: PART 3 - CONTROL OF SALE OF TOBACCO PRODUCTS
section: 19
title: Appointment of authorised officers
content:
19. —(1) The Chief Executive may appoint any officer or any person to be an authorised officer for the purposes of this Act. (2) In the exercise of his or her powers and in carrying out his or her duties under this Act, an authorised officer must comply with such general or special directions as may be given to the authorised officer by the Chief Executive. (3) Every authorised officer is deemed to be a public servant within the meaning of the Penal Code 1871.


document_id: tcasa-1993
provision_ref: s20
chapter: PART 4 - ENFORCEMENT AND MISCELLANEOUS
section: 20
title: Offences by bodies corporate or unincorporate
content:
20. Where an offence under this Act has been committed by any company or association or body of persons, corporate or unincorporate, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer thereof or was purporting to act in that capacity shall be guilty of that offence unless the person satisfies the court that the offence, other than an offence under section 3(3), was committed without the person’s knowledge or consent. [9/2016]


document_id: tcasa-1993
provision_ref: s21
chapter: PART 4 - ENFORCEMENT AND MISCELLANEOUS
section: 21
title: Immunity from liability
content:
21. No liability shall lie against any party to a contract for failing, neglecting or refusing to publish any advertisement relating to any tobacco product or imitation tobacco product, being the subject matter of the contract, where the failure, neglect or refusal is solely attributable to, or occasioned by, the commencement of this Act or any Act amending this Act, but nothing in this section affects the operation of the Frustrated Contracts Act 1959. [9/2016]


document_id: tcasa-1993
provision_ref: s22
chapter: PART 4 - ENFORCEMENT AND MISCELLANEOUS
section: 22
title: Exemption
content:
22. —(1) The Minister may, either generally or in any particular case, and either permanently or for such period or periods as he or she may think fit, exempt by order in the Gazette any person or class of persons, or any premises or type of premises, or any event or occasion or class of event or occasion, or any object or thing or type of object or thing, from all or any of the provisions of this Act. [9/2016] (2) In granting any exemption under subsection (1), the Minister may impose such conditions as he or she may think fit.


document_id: tcasa-1993
provision_ref: s23
chapter: PART 4 - ENFORCEMENT AND MISCELLANEOUS
section: 23
title: Powers of police and authorised officers
content:
23. —(1) If a police officer or an authorised officer reasonably suspects that a person has committed or is committing an offence under this Act, the officer may do all or any of the following: ( a ) require the person to furnish evidence of the person’s identity; ( b ) search any bag or thing belonging to or in the possession of the person; ( c ) require the person to reveal the contents of the person’s pockets, if any; ( d ) arrest the person without warrant. [9/2016] (2) Any person arrested under subsection (1)( d ) must be produced before a Magistrate’s Court or a District Court (called in this section a Court) within 48 hours after the person is arrested. [9/2016] (3) 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 the person before a Court or to a police station, serve upon the person a notice in the form determined under section 32 requiring the person to attend at the Court, at the time and on the date specified in the notice. (4) A duplicate of the notice served under subsection (3) must be prepared by the police officer or authorised officer (as the case may be) and produced by the police officer or authorised officer to the Court if so required by the Court. (5) Where an accused person appears before a Court in accordance with a notice served under subsection (3), the Court is to take cognizance of the offence alleged and proceed as though the accused person were produced before it under subsection (2). (6) If a person upon whom a notice has been served under subsection (3) fails to appear before a Court in accordance with the notice, the Court may issue a warrant for the arrest of that person. (7) Where a person arrested pursuant to a warrant issued under subsection (6) is produced before a Court, the Court is to proceed as though the person were produced before it under subsection (2). [Act 31 of 2022 wef 01/11/2022] (8) [ Deleted by Act 31 of 2022 wef 01/11/2022 ]


document_id: tcasa-1993
provision_ref: s24
chapter: PART 4 - ENFORCEMENT AND MISCELLANEOUS
section: 24
title: Power to examine and secure attendance
content:
24. —(1) For the purpose of investigating any offence under this Act, the Chief Executive or any authorised officer may — ( a ) examine orally any person who appears to be acquainted with the facts and circumstances of the case (called in this section a relevant person); ( b ) require, by written order, any relevant person to attend before the Chief Executive or an authorised officer to answer any question; or ( c ) require any person — (i) to furnish in writing any information within the person’s knowledge that the Chief Executive or authorised officer may require; or (ii) to produce for inspection any document or record within the person’s possession that the Chief Executive or authorised officer may require. [9/2016] (2) The person mentioned in subsection (1)( a ) or ( b ) is bound to state truly the facts and circumstances with which he or she is acquainted concerning the case except only that he or she may decline to make with regard to any fact or circumstance a statement which would have a tendency to expose him or her to a criminal charge or to penalty or forfeiture. [9/2016] (3) The Chief Executive or any authorised officer may reduce to writing any statement made under subsection (1)( a ) or ( b ) by a relevant person, and that statement must be read over to the relevant person, corrected (if necessary) and signed by the relevant person. [9/2016] (4) Without affecting subsection (5), if any person fails to attend as required by an order under subsection (1)( b ), the Chief Executive or any authorised officer may report that failure to a Magistrate who may then issue a warrant to secure the attendance of that person as required by the order. [9/2016] (5) A person who, without reasonable excuse, fails to comply with any requirement of the Chief Executive or an authorised officer under subsection (1)( b ) or ( c ) 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. [9/2016]


document_id: tcasa-1993
provision_ref: s25
chapter: PART 4 - ENFORCEMENT AND MISCELLANEOUS
section: 25
title: Power to require tobacco products for testing or analysis and furnishing of information
content:
25. —(1) Any person carrying on a trade or business which consists of or includes the manufacture, distribution, import or sale of any tobacco product or imitation tobacco product must — ( a ) supply free of charge to the Chief Executive or an authorised officer samples of any tobacco product or imitation tobacco product as the Chief Executive or authorised officer may require for the purpose of testing, analysis or investigations; and ( b ) furnish to the Chief Executive or authorised officer any information that the Chief Executive or authorised officer may require in respect of those products. (2) Any person involved or concerned with the import, distribution, sale or supply of any newspaper which is printed or published outside Singapore must furnish to the Chief Executive or an authorised officer any information that the Chief Executive or authorised officer may require in respect of the newspapers.


document_id: tcasa-1993
provision_ref: s26
chapter: PART 4 - ENFORCEMENT AND MISCELLANEOUS
section: 26
title:
Power to enter premises and inspect and seize advertisements, products, vending machines and documents

content:
26. —(1) The Chief Executive or an authorised officer may, for an enforcement purpose, do all or any of the following: ( a ) inspect at all reasonable hours any advertisement, tobacco product or imitation tobacco product, vending machine, document, material, article or equipment; ( b ) at any time and without warrant enter and search any premises that the Chief Executive or authorised officer reasonably suspects are being used for or in connection with the commission of an offence under this Act; ( c ) at any time and without warrant stop, board and search any conveyance that the Chief Executive or authorised officer reasonably suspects is being used for or in connection with the commission of an offence under this Act; ( d ) require any person carrying on a trade or business or employed in connection with a trade or business to produce, at a reasonable hour, any book, document or material relating to the trade or business and may take copies of, or of any entry in, any such book, document or material; ( e ) seize any advertisement, tobacco product or imitation tobacco product, vending machine, document, material or article — (i) for the purpose of ascertaining, by testing or otherwise, whether an offence under this Act has been committed; or (ii) which the Chief Executive or authorised officer has reason to believe may be required as evidence in proceedings for the offence; ( f ) for the purposes of paragraph ( e ), require any person having authority to do so to break open any container or open any vending machine and, if that person does not comply with the requirement, the Chief Executive or authorised officer may do so himself or herself. [9/2016] (2) The Chief Executive or an authorised officer may, if he or she has reasonable cause to believe that an offence under section 3(1) has been committed in respect of an unauthorised advertisement — ( a ) require the person reasonably suspected of committing the offence to remove the advertisement from the view of members of the public; and ( b ) if the person fails to do so, cause the advertisement to be so removed. [9/2016] (3) The person mentioned in subsection (2) is liable to pay to the Chief Executive the reasonable costs of removal and disposal of the advertisement which may be recovered as a debt due to the Government. (4) In the exercise of his or her powers under this section, the Chief Executive or an authorised officer must — ( a ) on seizing any advertisement, tobacco product or imitation tobacco product, vending machine, document, material or article, inform the person from whom it was seized of the seizure; and ( b ) in the case of tobacco products seized from a vending machine, inform the person whose name and address are stated on the machine as being the proprietor or, if no name and address are so stated, the occupier of the premises on which the machine stands or to which it is affixed. [9/2016] (5) The Chief Executive or an authorised officer entering any premises by virtue of this section may take with him or her such other persons and such equipment as may appear to him or her necessary. (6) For the purposes of subsection (1), if any document or material required by the Chief Executive or an authorised officer is kept in electronic form — ( a ) the power of the Chief Executive or authorised officer to inspect the document or material includes the power to — (i) access any computer or other equipment (including a mobile telephone) in which the document or material is stored; and (ii) require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to provide assistance in gaining such access; ( b ) the power of the Chief Executive or authorised officer to require the document or material to be produced includes the power to require a copy of the document or material to be produced in legible form; and ( c ) the power of the Chief Executive or authorised officer to seize the document or material includes the power to make copies of the document or material in legible or electronic form, or to transfer the information from the document or material to a disk, tape or other storage device. [9/2016] (7) If the Chief Executive or authorised officer is unable to make copies of the document or material, or transfer the information from the document or material, under subsection (6)( c ), the Chief Executive or authorised officer may — ( a ) seize the computer or other equipment (including a mobile telephone) in which the document or material is stored, as evidence in proceedings for an offence under this Act; and ( b ) require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to disclose any password or access code for gaining access to the document or material held in the computer or equipment. [9/2016] (8) In subsection (1), “enforcement purpose” means — ( a ) ensuring that the provisions of this Act and the conditions imposed on any licence are complied with; or ( b ) investigating any offence under this Act. [9/2016]


document_id: tcasa-1993
provision_ref: s27
chapter: PART 4 - ENFORCEMENT AND MISCELLANEOUS
section: 27
title: Obstruction of officers
content:
27. —(1) Any person who — ( a ) wilfully obstructs, hinders or impedes the Chief Executive or an authorised officer acting pursuant to this Act; ( b ) wilfully fails to comply with any requirement under section 25 or 26 properly made to the person by the Chief Executive or an authorised officer; or ( c ) without reasonable cause, fails to give the Chief Executive or an authorised officer any other assistance or information which the Chief Executive or authorised officer may reasonably require for the purpose of the performance of the Chief Executive’s or authorised officer’s functions under this Act, 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. [9/2016] (2) If any person, in giving any such information as is mentioned in subsection (1), makes any statement which he or she knows to be false, he or she 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.


document_id: tcasa-1993
provision_ref: s28
chapter: PART 4 - ENFORCEMENT AND MISCELLANEOUS
section: 28
title: Notice of test and intended prosecution
content:
28. Where any tobacco product or imitation tobacco product seized under this Act is submitted to a test, the Chief Executive must — ( a ) if the product is seized, inform the person mentioned in section 26(4) of the result of the test; ( b ) if the product was purchased and the test leads to the institution of proceedings for an offence under this Act, inform the person from whom the product was purchased or, in the case of a product sold through a vending machine, the person mentioned in section 26(4) of the result of the test; and ( c ) if as a result of the test proceedings for an offence under this Act are instituted against any person, allow the person to have the product tested on the person’s behalf if it is reasonably practicable to do so.


document_id: tcasa-1993
provision_ref: s29
chapter: PART 4 - ENFORCEMENT AND MISCELLANEOUS
section: 29
title: Forfeiture
content:
29. —(1) Any thing seized in exercise of any power conferred under this Act is liable to forfeiture. [9/2016] (2) An order for the forfeiture or for the release of any thing seized in exercise of any power conferred by this Act must be made by the court before which the prosecution with regard thereto has been held. [9/2016] (3) An order for the forfeiture of the thing seized must be made if it is proved to the satisfaction of the court that — ( a ) an offence under this Act has been committed; and ( b ) the thing seized was the subject matter of or was used in the commission of the offence even though no person may have been convicted of that offence. [9/2016] (4) In the absence of any prosecution with regard to any thing seized in the exercise of any power conferred by this Act, the thing is deemed to be forfeited at the expiry of one month from the date of the seizure unless a claim to the thing is made before then in accordance with subsection (5). [9/2016] (5) A person asserting that the person is the owner of any thing seized and that the thing is not liable to forfeiture may personally, or by the person’s agent authorised in writing, make a claim by giving written notice to the Chief Executive. [9/2016] (6) On receipt of the notice, the Chief Executive may direct that the thing seized be released or may refer the matter to a court for decision. [9/2016] (7) All things forfeited or deemed to be forfeited must be delivered to the Authority or an authorised officer and must be disposed of according to the Chief Executive’s directions. [9/2016] [Act 19 of 2025 wef 05/12/2025]


document_id: tcasa-1993
provision_ref: s30
chapter: PART 4 - ENFORCEMENT AND MISCELLANEOUS
section: 30
title: Things seized may be delivered to owner or other person
content:
30. The Minister may, upon written application made to him or her through the Chief Executive, order any thing seized in exercise of the powers conferred by this Act, whether forfeited or taken and deemed to be forfeited, to be delivered to the owner or other person entitled to the thing upon such terms and conditions as the Minister may consider fit. [9/2016]


document_id: tcasa-1993
provision_ref: s31
chapter: PART 4 - ENFORCEMENT AND MISCELLANEOUS
section: 31
title: Protection from personal liability
content:
31. No liability shall 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 Chief Executive; ( b ) any police officer; ( c ) any authorised officer; ( d ) any other person acting under the Chief Executive’s direction. [9/2016]


document_id: tcasa-1993
provision_ref: s32
chapter: PART 4 - ENFORCEMENT AND MISCELLANEOUS
section: 32
title: Forms
content:
32. The Chief Executive may design and utilise any forms that he or she 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: tcasa-1993
provision_ref: s33
chapter: PART 4 - ENFORCEMENT AND MISCELLANEOUS
section: 33
title: Jurisdiction of court
content:
33. Any offence under this Act may be tried by a District Court or a Magistrate’s Court and that Court has, despite any other written law, jurisdiction to impose the maximum penalty provided for by this Act.


document_id: tcasa-1993
provision_ref: s34
chapter: PART 4 - ENFORCEMENT AND MISCELLANEOUS
section: 34
title: Composition of offences
content:
34. —(1) Subject to subsection (4), the Chief Executive or any person authorised by the Chief Executive 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 ) $5,000. [9/2019] (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. [9/2019] (3) The Minister may make regulations to prescribe the offences which may be compounded. (4) Where the person reasonably suspected of having committed an offence under this Act was an under‑aged person at the time of the alleged offence (called the under‑aged offender), the offence may be compounded if the under‑aged offender and the parents or guardian of the under‑aged offender first attend counselling at any place that the Chief Executive may specify. [9/2019]


document_id: tcasa-1993
provision_ref: s35
chapter: PART 4 - ENFORCEMENT AND MISCELLANEOUS
section: 35
title: Fees, charges, etc., collected by Chief Executive or authorised officer
content:
35. —(1) Subject to subsection (2), all fees, charges and other moneys recovered or collected by the Chief Executive or an authorised officer under this Act must be paid to the Authority. [46/2017] (2) All composition sums collected by the Chief Executive or an authorised officer under section 34 must be paid into the Consolidated Fund. [46/2017]


document_id: tcasa-1993
provision_ref: s35A
chapter: PART 4 - ENFORCEMENT AND MISCELLANEOUS
section: 35A
title: Public servants
content:
35A. —(1) Each of the following persons is, in relation to that person’s administration, collection and enforcement of payment of composition sums under section 34, taken to be a public officer for the purposes of the Financial Procedure Act 1966: ( a ) every member, officer and employee of the Authority; ( b ) every person authorised by the Chief Executive in writing to compound offences under section 34. [46/2017] (2) Section 20 of the Financial Procedure Act 1966 applies to each of the persons mentioned in subsection (1) even though that person is not or was not in the employment of the Government. [46/2017]


document_id: tcasa-1993
provision_ref: s36
chapter: PART 4 - ENFORCEMENT AND MISCELLANEOUS
section: 36
title: Service of documents
content:
36. —(1) A document that is permitted or required by or under this Act to be served on a person may be served as described in this section. (2) A document permitted or required by or under this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents generally, or specifically for the document, or (if no address is so specified) the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; or ( e ) by sending it by email to the individual’s last email address. (3) A document permitted or required by or under this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other similar officer, or an authorised representative, of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; or ( c ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by or under this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; or ( c ) by sending it by email to the last email address of the body corporate or unincorporated association. (5) Service of a document under this section takes effect — ( a ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered); or ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent. (6) However, service of any document under this Act on a person by email may be effected only with the person’s prior written consent to service in that way. (7) This section does not apply to documents to be served in proceedings in court. (8) In this section — “authorised representative”, in relation to a partnership (other than a limited liability partnership), means any person authorised to accept service of documents on behalf of the partnership; “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “document” includes a direction, an order or a notice permitted or required by or under this Act to be served; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore. [Act 19 of 2025 wef 05/12/2025]


document_id: tcasa-1993
provision_ref: s37
chapter: PART 4 - ENFORCEMENT AND MISCELLANEOUS
section: 37
title: Regulations
content:
37. —(1) The Minister may make such regulations as appear to him or her necessary or expedient for the purpose of carrying out the provisions of this Act. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to any of the following matters: ( a ) the class or classes of licences to be granted under section 18, the form and duration of the licences, the terms and conditions upon which and the circumstances in which the licences may be granted, held, suspended, cancelled, altered, extended, renewed or replaced and the fees payable in respect of the licences; ( b ) a register to be kept of the licences granted, the particulars to be entered in the register and for the publication of the names of licensees; ( c ) requiring such information or security as the Minister considers necessary in relation to the application for the grant or renewal of a licence; ( d ) prescribing the books, records or accounts to be kept by licensees; ( e ) the requirements under this Act for tobacco products and their packaging or labelling, including — (i) the requirements as to size, appearance and design of tobacco products and their packaging or labelling; (ii) the health warnings and other information to be stated on tobacco products and their packaging or labelling; and (iii) the trade marks, terms, descriptors, figurative or other signs, features, scents and sounds that are prohibited in relation to tobacco products and their packaging or labelling. [9/2016; 9/2019] (3) For the purposes of subsection (2)( e ), different requirements or prohibitions may be prescribed for different tobacco products or different types of packaging or labelling of tobacco products. [9/2019] (4) All such regulations must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: tcasa-1993
provision_ref: s38
chapter: PART 4 - ENFORCEMENT AND MISCELLANEOUS
section: 38
title: Operation of Act not to affect registrability or registration of trade marks
content:
38. Nothing in, or done in accordance with, this Act or any regulations made for the purpose of section 17 — ( a ) prevents an applicant for registration of a trade mark from stating, for the purpose of section 5(2)( e )(ii) of the Trade Marks Act 1998, that the applicant has a bona fide intention to use the trade mark in the course of trade, by the applicant or with the applicant’s consent, in relation to any goods or services in respect of which the applicant seeks to register the trade mark; ( b ) prevents the registration of a trade mark under the Trade Marks Act 1998; ( c ) prevents a trade mark mentioned in paragraph ( a ) of the definition of “earlier trade mark” in section 2(1) of the Trade Marks Act 1998 from being taken into account, for the purpose of section 8(11) of that Act, in determining the registrability of a later mark; or ( d ) is a ground to revoke the registration of a trade mark under section 22 of the Trade Marks Act 1998, or to declare the registration of a trade mark invalid under section 23 of that Act. [9/2019]


document_id: tcasa-1993
provision_ref: s39
chapter: PART 4 - ENFORCEMENT AND MISCELLANEOUS
section: 39
title: Operation of Act not to affect registrability or registration of designs
content:
39. —(1) Nothing in, or done in accordance with, this Act or any regulations made for the purpose of section 17 — ( a ) prevents the registration of a design under the Registered Designs Act 2000; or ( b ) is a ground to revoke the registration of a registered design under section 27 of the Registered Designs Act 2000. [9/2019] (2) In this section, “design” and “registered design” have the meanings given by section 2(1) of the Registered Designs Act 2000. [9/2019]


document_id: tcmpa-2000
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “acupuncture” means the stimulation of a certain point or points on or near the surface of the human body through any technique of point stimulation (with or without the insertion of needles), including through the use of electrical, magnetic, light and sound energy, cupping and moxibustion, to normalise physiological functions or to treat ailments or conditions of the human body; “Board” means the Traditional Chinese Medicine Practitioners Board established under section 3; “certificate of registration” means a certificate of registration issued by the Board under section 16; “Chairperson” means the Chairperson of the Board; “herbal medicine” means any material or product known or claimed to have therapeutic or other health benefits which contains either raw or processed ingredients of plant, inorganic or animal origin; “Inquiry Committee” means a committee appointed under section 26I(1); “institution of higher learning” includes any college and polytechnic; “interim order” means an order made under section 26H(1); “investigator” means a person appointed under section 28; “member” means a member of the Board; “modify”, in relation to any condition of registration, means — ( a ) delete or replace such a condition; or ( b ) add a condition of registration; “practice of traditional Chinese medicine” means any of the following acts or activities: ( a ) acupuncture; ( b ) the diagnosis, treatment, prevention or alleviation of any disease or any symptom of a disease or the prescription of any herbal medicine; ( c ) the regulation of the functional states of the human body; ( d ) the preparation or supply of any herbal medicine on or in accordance with a prescription given by the person preparing or supplying the herbal medicine or by another registered person; ( e ) the preparation or supply of any of the substances specified in the Schedule; ( f ) the processing of any herbal medicine; ( g ) the retailing of any herbal medicine, on the basis of traditional Chinese medicine; “practising certificate” means a practising certificate issued under section 17; “prescribed practice of traditional Chinese medicine” means any type of practice of traditional Chinese medicine that has been declared by the Minister by order made under section 14(1) as a prescribed practice of traditional Chinese medicine; “processing” means any type of treatment or preparation applied to a herbal medicine or mixture of herbal medicines based on traditional Chinese medicine before it is being — ( a ) offered for sale; ( b ) supplied to a patient; or ( c ) used for the manufacture of any herbal medicine; “Register” means the Register of Traditional Chinese Medicine Practitioners kept under section 12; “registered person” means a person who is registered under section 14 for the carrying out of any prescribed practice of traditional Chinese medicine; “Registrar” means the Registrar of the Board, and includes any individual acting in that capacity; “registration” means registration under section 14 for the carrying out of any prescribed practice of traditional Chinese medicine; “retailing” means the selling of any herbal medicine to a person who obtains the herbal medicine other than for the purpose of wholesale. [5/2018; 8/2019]


document_id: tcmpa-2000
provision_ref: s3
chapter: PART 2 - TRADITIONAL CHINESE MEDICINE
section: 3
title: Establishment of Traditional Chinese Medicine Practitioners Board
content:
3. —(1) A body called the Traditional Chinese Medicine Practitioners Board is established, which is a body corporate with perpetual succession and a common seal. (2) The Board consists of not less than 5 and not more than 11 members to be appointed by the Minister, of whom — ( a ) one must be a registered medical practitioner; ( b ) one must be the Registrar ex-officio; and ( c ) 2 must be registered persons with at least 10 years’ experience in any prescribed practice of traditional Chinese medicine. [8/2019] (3) Every member, except the Registrar, holds office for a term of 3 years and is eligible for re‑appointment. (4) The Minister may, at any time, revoke the appointment of any member without giving any reason.


document_id: tcmpa-2000
provision_ref: s4
chapter: PART 2 - TRADITIONAL CHINESE MEDICINE
section: 4
title: Functions of Board
content:
4. The functions of the Board are — ( a ) to approve or reject applications for registration; ( b ) to accredit — (i) courses in the practice of traditional Chinese medicine in Singapore for the purposes of registration; and (ii) the institutions of higher learning in Singapore offering any of these courses; ( c ) to make recommendations to the appropriate authorities for the continuing training and education of registered persons; ( d ) to determine and regulate the conduct and ethics of registered persons; and ( e ) generally to do all such acts, matters and things as are necessary or authorised to be carried out under this Act.


document_id: tcmpa-2000
provision_ref: s5
chapter: PART 2 - TRADITIONAL CHINESE MEDICINE
section: 5
title: Chairperson of Board
content:
5. —(1) The Minister must appoint one of the members to be the Chairperson. (2) The Chairperson presides at any meeting of the Board and, in his or her absence, any member that the members present may elect presides at that meeting.


document_id: tcmpa-2000
provision_ref: s6
chapter: PART 2 - TRADITIONAL CHINESE MEDICINE
section: 6
title: Disqualifications for membership of Board
content:
6. No person may be a member if — ( a ) he or she is not a citizen or a permanent resident of Singapore; ( b ) he or she is an undischarged bankrupt; ( c ) he or she has been convicted in Singapore or elsewhere of any offence involving fraud, dishonesty or moral turpitude; or ( d ) he or she is incapacitated by a mental or physical disability.


document_id: tcmpa-2000
provision_ref: s7
chapter: PART 2 - TRADITIONAL CHINESE MEDICINE
section: 7
title: Filling of vacancies
content:
7. —(1) The office of a member becomes vacant if the member — ( a ) dies; ( b ) resigns his or her office; ( c ) becomes subject to any of the disqualifications specified in section 6; ( d ) without any good and sufficient reason, refuses to accept an appointment as a member of any committee appointed by the Board; or ( e ) has his or her appointment revoked before the expiry of his or her term of office. (2) The Minister may remove from office any member who is absent without leave of the Board from 3 consecutive meetings of — ( a ) the Board; or ( b ) any committee of which he or she is a member appointed by the Board. (3) Any question as to whether a person has ceased to be a member is to be determined by the Minister whose decision is final. (4) If any vacancy arises among the members, the Minister may appoint a person to fill the vacancy in the manner in which the appointment to the vacant office was made, and that person holds office for as long as the member in whose place that person was appointed would have held office. (5) The Board may act despite any vacancy in the membership of the Board. (6) No act done by or under the authority of the Board is invalid in consequence of any defect that is afterwards discovered in the appointment or qualification of the members or any of them.


document_id: tcmpa-2000
provision_ref: s8
chapter: PART 2 - TRADITIONAL CHINESE MEDICINE
section: 8
title: Meetings and quorum of Board
content:
8. —(1) The Board must meet at such times and places as the Chairperson or the Registrar may appoint. (2) At any meeting of the Board, one-half of the total number of members forms a quorum. (3) The Chairperson or member presiding at any meeting of the Board has an original vote and, in the case of an equality of votes, a casting vote. (4) However, a member who is or was a member of an Inquiry Committee inquiring into a matter relating to a registered person under this Act — ( a ) must not vote or take part in any discussion or decision of the Board relating to the matter, or otherwise participate in any activity of the Board that relates to the matter; ( b ) must withdraw from any meeting or part of any meeting of the Board considering or discussing the matter if the Chairperson or other member presiding at the meeting so requests; and ( c ) must be disregarded for the purpose of forming a quorum for any meeting or part of any meeting of the Board during which a discussion or decision relating to the matter occurs or is made. [8/2019] (5) Subject to this Act and the Public Sector (Governance) Act 2018, the Board may regulate its own procedure. [5/2018]


document_id: tcmpa-2000
provision_ref: s9
chapter: PART 2 - TRADITIONAL CHINESE MEDICINE
section: 9
title: Appointment of executive secretary and other employees
content:
9. The Board may appoint an executive secretary and other employees on such terms as the Board may determine.


document_id: tcmpa-2000
provision_ref: s10
chapter: PART 2 - TRADITIONAL CHINESE MEDICINE
section: 10
title: Appointment of committees
content:
10. —(1) The Board may appoint one or more committees for any general or special purpose which, in the opinion of the Board, may be better dealt with or managed by a committee. (2) The Board may delegate any of its powers or functions to any committee so appointed, with or without restrictions or conditions as the Board thinks fit. (3) The number and term of office of the members of a committee appointed under this section and the number of those members necessary to form a quorum are to be fixed by the Board. (4) A committee appointed under this section may include persons who are not members of the Board.


document_id: tcmpa-2000
provision_ref: s11
chapter: PART 3 - REGISTRATION OF TRADITIONAL
section: 11
title: Registrar of Board
content:
11. —(1) There must be a chief executive of the Board called the Registrar of the Board, whose appointment and removal 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 Registrar during any period, or during all periods, when the Registrar — ( 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: tcmpa-2000
provision_ref: s12
chapter: PART 3 - REGISTRATION OF TRADITIONAL
section: 12
title: Register of Traditional Chinese Medicine Practitioners
content:
12. —(1) In addition to duties under the Public Sector (Governance) Act 2018, the Registrar must keep a Register of Traditional Chinese Medicine Practitioners which must — ( a ) consist of such parts as the Board may determine; and ( b ) contain in the appropriate part the following particulars of every registered person: (i) his or her name and address; (ii) the date of his or her registration; (iii) the qualification by virtue of which he or she is registered and the date he or she obtained that qualification; and (iv) any other particulars that the Board may determine. [5/2018] (2) The Registrar is responsible for the maintenance and custody of the Register. (3) A registered person must inform the Registrar in writing of any change in the registered person’s name, working address, residential address, or any other particulars that may be prescribed, within 28 days of the change. (4) Any person who fails to comply with subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (5) A person who makes a report of a change in his or her residential address under section 10 of the National Registration Act 1965 is deemed to have complied with subsection (3) relating to residential address on the date on which the person makes the report.


document_id: tcmpa-2000
provision_ref: s13
chapter: PART 3 - REGISTRATION OF TRADITIONAL
section: 13
title: Alteration of Register
content:
13. The Registrar must — ( a ) insert in the Register any alteration to the name, address or other particulars of any registered person which may come to the Registrar’s knowledge; ( b ) correct any error in any entry in the Register which may come to the Registrar’s knowledge; ( c ) remove from the Register the name of any person — (i) whose registration is cancelled under any provision of this Act; or (ii) who is deceased; and ( d ) insert in the Register any alteration to the qualifications or any additional qualifications of a registered person.


document_id: tcmpa-2000
provision_ref: s14
chapter: PART 3 - REGISTRATION OF TRADITIONAL
section: 14
title: Prescribed practices of traditional Chinese medicine
content:
14. —(1) The Minister may from time to time, by order in the Gazette , declare any type of practice of traditional Chinese medicine as a prescribed practice of traditional Chinese medicine if the Minister is of the opinion that it is in the public interest for that type of practice of traditional Chinese medicine to be regulated under this Act. (2) Any person who desires to carry out any prescribed practice of traditional Chinese medicine must apply for registration to the Board in accordance with the regulations made under this section. (3) The Board may, subject to the regulations made under this section, register a person to carry out any prescribed practice of traditional Chinese medicine. (4) The Minister may, in respect of each prescribed practice of traditional Chinese medicine, make regulations to provide for or with respect to the following matters: ( a ) different classes of registration; ( b ) the form and manner of application, and the application fee, for each class of registration; ( c ) the qualifications and other requirements for each class of registration; ( d ) the conditions and duration of each class of registration; ( e ) the circumstances in which a class of registration may be altered or renewed and the fees payable in respect thereof; ( f ) the course, qualifying examination and evaluation for the purpose of any class of registration, the fees payable for that course, examination and evaluation, and the conditions upon which an applicant may be exempted from that course, examination or evaluation; ( g ) the practice and conduct of registered persons, including the carrying out of the prescribed practice of traditional Chinese medicine, the use of any means of giving publicity to their practice and the use of titles and qualifications; ( h ) the exemption of persons or classes of persons from registration; ( i ) incidental, supplementary or transitional matters in respect of the declaration of any type of practice of traditional Chinese medicine as a prescribed practice of traditional Chinese medicine.


document_id: tcmpa-2000
provision_ref: s15
chapter: PART 3 - REGISTRATION OF TRADITIONAL
section: 15
title: Refusal of registration
content:
15. —(1) The Board may refuse to register any applicant for the carrying out of any prescribed practice of traditional Chinese medicine who — ( a ) in the opinion of the Board, may not be registered in accordance with the regulations made under section 14(4); ( b ) in the opinion of the Board, is not of good reputation and character; or ( c ) fails to satisfy the Board that the applicant is able to effectively and safely carry out that prescribed practice of traditional Chinese medicine. (2) Where the Board refuses to register an applicant, the Board must by written notice inform the applicant of the refusal. (3) Any person who is aggrieved by any refusal of the Board under subsection (1) may, within 30 days of the notice given under subsection (2), appeal to the Minister whose decision is final.


document_id: tcmpa-2000
provision_ref: s16
chapter: PART 3 - REGISTRATION OF TRADITIONAL
section: 16
title: Certificate of registration
content:
16. —(1) Upon the registration of a person, the Board shall grant to the person a certificate of registration and specify in the certificate the prescribed practice or practices of traditional Chinese medicine for which the person is registered. (2) A person whose registration is cancelled or suspended under section 19 must surrender his or her certificate of registration in respect of that registration to the Board within 14 days of being notified by the Board of the cancellation or suspension. (3) Any person who fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.


document_id: tcmpa-2000
provision_ref: s17
chapter: PART 3 - REGISTRATION OF TRADITIONAL
section: 17
title: Practising certificate
content:
17. —(1) A registered person who desires to obtain a practising certificate for the prescribed practice of traditional Chinese medicine for which he or she is registered must apply to the Board in the form and manner that the Board may prescribe. (2) The application must be accompanied by the prescribed fee. (3) A practising certificate is valid for the period that the Board may determine. (4) An application for the renewal of a practising certificate must be made no later than 30 days before the expiry of the practising certificate and must be made in the form and manner that the Board may prescribe. (5) A registered person who applies for a practising certificate later than 30 days before the expiry of the practising certificate is liable to pay to the Board the late application fee that the Board may prescribe. (6) The Board may refuse to grant or renew a practising certificate to a registered person if the registered person fails to comply with any prescribed requirements relating to — ( a ) continuing professional education for the practice of traditional Chinese medicine; or ( b ) any other aspect of the practice of traditional Chinese medicine. [8/2019] (7) A practising certificate issued to a registered person is deemed to be cancelled when — ( a ) the registration of the registered person is cancelled or suspended under section 19 or 26A; or ( b ) an interim order against the registered person is confirmed by the Board under section 26H(8)( a ). [8/2019] (8) A person whose practising certificate is deemed to be cancelled under subsection (7) must surrender the practising certificate to the Board no later than the 14th day after the cancellation of the practising certificate. [8/2019] (9) Any person who fails to comply with subsection (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. [8/2019]


document_id: tcmpa-2000
provision_ref: s18
chapter: PART 3 - REGISTRATION OF TRADITIONAL
section: 18
title: List of registered traditional Chinese medicine practitioners with practising certificates
content:
18. The Registrar must publish, in the manner that the Board considers will secure adequate publicity to members of the public, a list of the names, practice addresses, qualifications, classes of registration and dates of qualifications and registration of all registered persons who have in force a practising certificate. [8/2019]


document_id: tcmpa-2000
provision_ref: s19
chapter: PART 3 - REGISTRATION OF TRADITIONAL
section: 19
title: Power of Board to cancel registration, etc.
content:
19. —(1) The Board may cancel the registration of a registered person if the Board is satisfied that the registered person — ( a ) has obtained his or her registration by a fraudulent or incorrect statement; ( b ) has had any of his or her qualifications by virtue of which he or she was registered withdrawn or cancelled by the authority through which it was acquired or by which it was awarded; ( c ) has had his or her registration in any other country for the practice of traditional Chinese medicine, or for the prescribed practice of traditional Chinese medicine to which the registration relates, withdrawn, suspended or cancelled; ( d ) has ceased to carry on the prescribed practice of traditional Chinese medicine for which he or she is registered; ( e ) has failed to comply with any condition to which his or her registration is subject; ( f ) has contravened any regulation made under this Act relating to the practice and conduct of registered persons that applies to him or her; ( g ) has been convicted of an offence in Singapore or elsewhere involving fraud or dishonesty; ( h ) has been convicted of an offence in Singapore or elsewhere implying a defect in character which renders him or her unfit to remain on the Register; ( i ) has been guilty of any professional misconduct or negligence; ( j ) has failed to comply with any order of the Board under subsection (2)( c ), ( d ) or ( g ); ( k ) has been guilty of any improper act or conduct which renders him or her unfit to remain on the Register; or ( l ) is unable to carry out the prescribed practice of traditional Chinese medicine for which he or she is registered safely or effectively by reason of a mental or physical condition. [8/2019] (2) Where a registered person is liable to have his or her registration cancelled on any of the grounds referred to in subsection (1)( e ) to ( k ), the Board may, instead of cancelling the registered person’s registration, take one or more of the following measures: ( a ) caution or censure the registered person; ( b ) issue a letter of advice to the registered person; ( c ) order the registered person to give an undertaking, on such terms as the Board thinks fit, to abstain from the conduct that is the subject of a complaint against, or information about, the registered person under section 26B; ( d ) order the registered person to pay — (i) a penalty not exceeding $10,000; or (ii) a penalty not exceeding $50,000, if the act or omission that is the subject of the complaint or information occurred on or after 1 April 2020; ( e ) alter the registered person’s class of registration; ( f ) modify the conditions of the registration of the registered person for a period not exceeding 3 years; ( g ) order that the complaint against, or information about, the registered person under section 26B be referred for mediation between the registered person and the person who made the complaint or provided the information (called the complainant), including ordering — (i) the personal attendance of the registered person and the complainant before a mediator specified by the Board; and (ii) the registered person to supply a report of the outcome of that mediation by the mediator mentioned in sub-paragraph (i) to the Board; ( h ) suspend the registration of the registered person for a period not exceeding 3 years. [8/2019] (3) Where a registered person is liable to have his or her registration cancelled on the ground in subsection (1)( l ), the Board may, instead of cancelling the registration of the registered person, take one or more of the following measures: ( a ) suspend the registration of the registered person for a period not exceeding 12 months; ( b ) alter the registered person’s class of registration; ( c ) modify the conditions of the registration of the registered person for a period not exceeding 3 years. [8/2019] (4) The Board must, before exercising its power under subsection (1), (2) or (3) — ( a ) notify the registered person of its intention to exercise the power and give the registered person an opportunity to be heard either personally or by counsel; and ( b ) consider the findings and recommendation of the relevant Inquiry Committee as reported to the Board under section 26E(2). [8/2019] (5) Every penalty imposed under subsection (2)( d ) is recoverable as a debt due to the Board. (6) Subject to subsection (7) and section 21(3), a decision of the Board made under subsection (1), (2) or (3) does not take effect until the 31st day after the date of the decision. [8/2019] (7) The Board’s decision to cancel the registration of a registered person under subsection (1) takes immediate effect when the Board certifies that there are reasonable grounds to believe that — ( a ) there is a serious and imminent risk to the public if the cancellation of the registration does not take immediate effect; or ( b ) it is appropriate or requisite that the cancellation takes immediate effect in order to avoid any actual incident that endangers the public. [8/2019] (8) Where the Board so certifies under subsection (7), the Registrar must immediately serve a notice of the Board’s decision on the registered person concerned. [8/2019] (9) While the registration of a registered person for the carrying out of a prescribed practice of traditional Chinese medicine remains suspended, he or she is not to be regarded as a registered person in respect of that prescribed practice of traditional Chinese medicine for the purposes of this Act, but on the expiry of the registered person’s suspension, his or her rights and privileges under this Act are revived. (10) Where a person is registered in respect of 2 or more prescribed practices of traditional Chinese medicine, the Board may take action under this section in relation to the person’s registrations for both or all of those prescribed practices of traditional Chinese medicine without having to institute separate proceedings.


document_id: tcmpa-2000
provision_ref: s20
chapter: PART 3 - REGISTRATION OF TRADITIONAL
section: 20
title: Costs
content:
20. —(1) The Board may order a registered person to pay the sums that the Board thinks fit in respect of the costs and expenses of or incidental to any inquiry or investigation conducted or action taken against the registered person where the Board — ( a ) cancels the registration of the registered person under section 19(1); ( b ) takes any action against the registered person under section 19(2) or (3); or ( c ) confirms an interim order made against the registered person under section 26H(8)( a ). [8/2019] (2) The General Division of the High Court has jurisdiction to tax the sums ordered to be paid under subsection (1). [40/2019] (3) Such sums are recoverable as a debt due to the Board. (4) The costs and expenses mentioned in subsection (1) include — ( a ) the costs and expenses of any assessor or advocate and solicitor appointed by the Board for any proceedings before an Inquiry Committee; ( b ) any reasonable expenses that the Board may pay to witnesses; and ( c ) any other reasonable expenses that are necessary for the conduct of the proceedings before the Inquiry Committee. [8/2019]


document_id: tcmpa-2000
provision_ref: s21
chapter: PART 3 - REGISTRATION OF TRADITIONAL
section: 21
title: Appeal
content:
21. —(1) Any person who is aggrieved by a decision of the Board under section 19(1), (2) or (3) may, within 30 days of the date of the decision or within any further period that the General Division of the High Court allows, appeal to the General Division of the High Court against the decision. [8/2019; 40/2019] (2) There is no appeal from a decision of the General Division of the High Court. [40/2019] (3) Where a person appeals to the General Division of the High Court against the Board’s decision mentioned in subsection (1), the decision, if not certified under section 19(7), takes effect only when — ( a ) the decision is confirmed by the General Division of the High Court; ( b ) the appeal is for any reason dismissed by the General Division of the High Court; or ( c ) the appeal is withdrawn. [8/2019; 40/2019]


document_id: tcmpa-2000
provision_ref: s22
chapter: PART 3 - REGISTRATION OF TRADITIONAL
section: 22
title: Conviction final and conclusive
content:
22. The Board in taking action under section 19, and the General Division of the High Court on appeal from an order of the Board under section 21, are to accept the conviction of a registered person for a criminal offence as final and conclusive. [40/2019]


document_id: tcmpa-2000
provision_ref: s23
chapter: PART 3 - REGISTRATION OF TRADITIONAL
section: 23
title: Restoration of registration
content:
23. —(1) A person whose registration has been cancelled under section 19 or 26A may apply to the Board for the person’s name to be re‑registered. [8/2019] (2) The Board may, after considering all relevant circumstances, and upon the compliance by the applicant of all conditions imposed by the Board (if any) and the payment of the prescribed fee, re‑register the applicant. (3) No application for re-registration may be made to the Board — ( a ) before the expiry of 3 years from the date of the cancellation; and ( b ) more than once in any period of 12 months.


document_id: tcmpa-2000
provision_ref: s24
chapter: PART 4 - OFFENCES
section: 24
title: Unlawful engagement in prescribed practice of traditional Chinese medicine
content:
24. —(1) A person must not — ( a ) carry out any prescribed practice of traditional Chinese medicine; or ( b ) advertise or otherwise hold himself or herself out to be qualified to carry out any prescribed practice of traditional Chinese medicine, unless he or she is a qualified person in respect of that prescribed practice of traditional Chinese medicine and he or she carries out that prescribed practice in accordance with the conditions of his or her registration prescribed under section 14(4). (2) A person must not employ any person who is not a qualified person in respect of a prescribed practice of traditional Chinese medicine to carry out that prescribed practice of traditional Chinese medicine. (3) Subsections (1) and (2) are subject to any transitional or saving provisions in any regulations made under section 14(4). (4) Any person who acts in contravention of subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both. (5) In any proceedings for a contravention of subsection (2), it is a defence for the accused to prove that — ( a ) the accused did not know that the person the accused employed was not a qualified person in respect of the prescribed practice of traditional Chinese medicine in question; and ( b ) the accused had exercised due diligence to ascertain if the person was a qualified person. (6) For the purposes of this section, “qualified person”, in relation to a prescribed practice of traditional Chinese medicine, means a person who is — ( a ) registered to carry out; and ( b ) has in force a practising certificate which authorises the person to carry out, the prescribed practice of traditional Chinese medicine.


document_id: tcmpa-2000
provision_ref: s25
chapter: PART 4 - OFFENCES
section: 25
title: Recovery of fees or charges
content:
25. A person is not entitled to demand, claim, accept, receive, retain or sue for or recover any fee or charge in any court for any act done in contravention of section 24.


document_id: tcmpa-2000
provision_ref: s26
chapter: PART 4 - OFFENCES
section: 26
title: Fraudulent registration, etc.
content:
26. Any person who — ( a ) procures or attempts to procure registration or a certificate of registration or a practising certificate, by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation, whether in writing or otherwise; ( b ) wilfully makes or causes to be made any false entry in the Register; ( c ) forges or alters a certificate of registration or practising certificate; ( d ) fraudulently or dishonestly uses as genuine a certificate of registration or practising certificate which he or she knows or has reason to believe is forged or altered; or ( e ) buys, sells or fraudulently obtains a certificate of registration or practising certificate, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: tcmpa-2000
provision_ref: s26A
chapter: PART 4A - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 26A
title: Voluntary cancellation, suspension, etc.
content:
26A. —(1) A registered person may request the Board in writing to take one or more of the actions in subsection (2) if the registered person believes that — ( a ) the registered person’s fitness to practise the prescribed practice of traditional Chinese medicine that he or she is registered to carry out is impaired by reason of his or her mental or physical condition; or ( b ) the quality of the professional services provided by the registered person does not meet the standard which is reasonable to expect of a traditional Chinese medicine practitioner carrying out the prescribed practice of traditional Chinese medicine that the registered person is registered to carry out. [8/2019] (2) Upon receiving a request under subsection (1), the Board may, with the agreement of the registered person, do one or more of the following: ( a ) cancel the registration of the registered person; ( b ) suspend the registration of the registered person for a period not exceeding 3 years; ( c ) alter the registered person’s class of registration; ( d ) modify the conditions of the registration of the registered person for a period not exceeding 3 years. [8/2019] (3) However, the Board must not take any action under subsection (2) in relation to a registered person if — ( a ) the Board believes that there is evidence of any matter in section 19(1)( g ), ( h ), ( i ) or ( k ); or ( b ) any inquiry under Division 2 has started and is pending against the registered person. [8/2019] Division 2 &#x2014; Inquiries into complaints against and
information on registered persons


document_id: tcmpa-2000
provision_ref: s26B
chapter: PART 4A - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 26B
title: Complaints against registered persons
content:
26B. —(1) A person (whether or not a member or an employee of the Board) may make a complaint against, or provide information about, any registered person to the Board touching on any matter mentioned in section 19(1). [8/2019] (2) Every complaint against, or information about, any registered person mentioned in subsection (1) must — ( a ) be in writing; and ( b ) if the complaint or information relates to a matter in section 19(1)( e ), ( f ), ( i ), ( k ) or ( l ), be supported by a statutory declaration unless the complaint or information is made or provided by a public officer or a member or an employee of the Board in his or her capacity as a public officer or such a member or an employee. [8/2019]


document_id: tcmpa-2000
provision_ref: s26C
chapter: PART 4A - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 26C
title: Review of complaints and information
content:
26C. —(1) Subject to section 26H, the Board must — ( a ) within 2 weeks after receiving any complaint against, or information about, a registered person under section 26B, start to review the complaint or information; and ( b ) complete its review of the complaint or information within 3 months after starting the review. [8/2019] (2) The Board may, in the course of a review under subsection (1), require any of the following persons to answer any inquiry or provide any record that the Board considers relevant for the purpose of the review: ( a ) the person who made the complaint against, or provided the information about, the registered person; ( b ) the registered person. [8/2019] (3) The Board may dismiss any complaint or information where the Board is unanimously of the opinion that the complaint or information is frivolous, vexatious, misconceived or lacking in substance. [8/2019] (4) Where a complaint against, or information about, a registered person is not dismissed under subsection (3), the Board must refer the complaint or information to an Inquiry Committee. [8/2019]


document_id: tcmpa-2000
provision_ref: s26D
chapter: PART 4A - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 26D
title: Withdrawal of complaints and information
content:
26D. —(1) Where a complaint against, or information about, a registered person is withdrawn, the Board or an Inquiry Committee (as the case may be) must proceed under this Part as if the complaint had been made, or the information had been provided, by a member of the Board. [8/2019] (2) The Board may, despite the withdrawal — ( a ) take any action mentioned in section 26C; ( b ) where the withdrawal takes place before the conclusion of an inquiry under section 26E into the complaint or information — order that the inquiry into the complaint or information continue; ( c ) where the withdrawal takes place before the Board makes any decision under section 19 — make any decision under section 19(1), (2) or (3) that the Board thinks fit; or ( d ) where the withdrawal takes place before the Board makes an interim order under section 26H(1) — make the interim order if the Board thinks fit. [8/2019]


document_id: tcmpa-2000
provision_ref: s26E
chapter: PART 4A - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 26E
title: Inquiries by Inquiry Committees
content:
26E. —(1) An Inquiry Committee must, within 2 weeks starting on the date the Board refers any complaint against, or information about, a registered person to the Inquiry Committee, start its inquiry into the complaint or information. [8/2019] (2) An Inquiry Committee must complete its inquiry into the complaint or information, and report its findings and recommendation to the Board, no later than 6 months starting on the date the complaint or information is referred to the Inquiry Committee, or within any extension of time under subsection (3) if granted. [8/2019] (3) The Chairperson may grant in writing an extension of time to any Inquiry Committee which is unable to complete its inquiry into, and report its findings in respect of, any complaint against, or information about, any registered person within the 6‑month period specified in subsection (2). [8/2019] (4) For the purposes of an inquiry under this Part, an Inquiry Committee — ( a ) must direct one or more investigators to investigate into the facts and circumstances of the complaint or information in accordance with section 26F; and ( b ) must give the registered person an opportunity of appearing before the Inquiry Committee (whether in person or represented by counsel) to be heard on the complaint against, or information about, that registered person. [8/2019] (5) Where, in the course of an inquiry on a matter other than that in section 19(1)( l ), it appears to the Inquiry Committee that a registered person’s fitness to practise the prescribed practice of traditional Chinese medicine that he or she is registered to carry out may be impaired by reason of his or her mental or physical condition — ( a ) the Inquiry Committee must immediately refer the matter to the Board; ( b ) the Board must refer the matter to a different Inquiry Committee; and ( c ) the Inquiry Committee mentioned in paragraph ( b ) must conduct an inquiry into the registered person’s fitness to practise in accordance with this Part. [8/2019]


document_id: tcmpa-2000
provision_ref: s26F
chapter: PART 4A - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 26F
title: Duties of investigator in inquiries
content:
26F. —(1) An investigator directed by an Inquiry Committee under section 26E(4)( a ) to investigate into the facts and circumstances of any complaint against, or information about, a registered person must give written notice of the complaint or information to that registered person. [8/2019] (2) A notice under subsection (1) must include copies of the complaint or information, and of any statutory declaration that has been made in support of the complaint or information. [8/2019] (3) An investigator mentioned in subsection (1) must, upon completing the investigation, submit a report on the findings of the investigation (called in this section the investigation report) to the Inquiry Committee that directed the investigator to carry out the investigation. [8/2019] (4) The investigation report must include any written explanation given by the registered person after receiving a notice under subsection (1). [8/2019] (5) Where an investigator, in the course of an investigation in respect of a registered person, receives any information touching on the conduct, mental or physical condition or professional performance — ( a ) of the same registered person (whether or not the information also relates to another registered person), which is outside the subject matter of the complaint or information the investigator is directed under section 26E(4)( a ) to investigate; or ( b ) of another registered person, which may give rise to proceedings under this Part, the investigator must prepare and submit to the Board a report of the information received. [8/2019] (6) Upon the Board receiving the report mentioned in subsection (5), section 26C applies as if the report is information received by the Board about a registered person. [8/2019]


document_id: tcmpa-2000
provision_ref: s26G
chapter: PART 4A - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 26G
title: Post‑inquiry
content:
26G. —(1) A report which is required by section 26E(2) must contain — ( a ) the findings of the Inquiry Committee in respect of the complaint against, or information about, the registered person concerned; and ( b ) a recommendation to the Board — (i) to take any action mentioned in section 19(1), (2) or (3); or (ii) to dismiss the complaint or information. [8/2019] (2) The Board may, after considering the report of the Inquiry Committee required by section 26E(2) — ( a ) take any action mentioned in section 19(1), (2) or (3) as the Board thinks fit; ( b ) dismiss the complaint against, or information about, the registered person concerned; or ( c ) refer the complaint or information back to the Inquiry Committee for reconsideration or a further report on those matters that the Board may specify. [8/2019] (3) Where the Board refers a complaint or information back to the Inquiry Committee under subsection (2)( c ), the Inquiry Committee — ( a ) must submit its response or further report to the Board within 8 weeks, or any longer period that the Chairperson allows in writing, starting on the date of the Board’s referral under subsection (2)( c ); and ( b ) for the purpose of paragraph ( a ), may direct an investigator to conduct any further investigations into the matter that may be necessary in accordance with section 26F. [8/2019] (4) Upon receiving the Inquiry Committee’s response or further report under subsection (3), the Board must proceed in accordance with subsection (2)( a ) or ( b ). [8/2019] (5) Where, in the course of its inquiry, an Inquiry Committee receives any information touching on the conduct of the registered person concerned which discloses an offence under this Act or its subsidiary legislation or any other written law, the Inquiry Committee must record the information and report it to the Board. [8/2019] Division 3 &#x2014; Interim orders


document_id: tcmpa-2000
provision_ref: s26H
chapter: PART 4A - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 26H
title: Interim orders
content:
26H. —(1) Where it appears to the Board that a registered person must without delay stop carrying out any prescribed practice of traditional Chinese medicine because there are reasonable grounds to believe that — ( a ) there is a serious and imminent risk to the public if there is no such stoppage; or ( b ) it is appropriate or requisite that an interim order be made in order to avoid any actual incident that endangers the public, the Board may, instead of proceeding under Division 2, make an interim order. [8/2019] (2) An interim order — ( a ) must require the registered person to whom it relates to stop carrying out the prescribed practice of traditional Chinese medicine that the registered person is registered to carry out; ( b ) takes effect at the time, being the earliest practicable time, specified in the interim order; and ( c ) may be revoked at any time by the Board. [8/2019] (3) In determining whether it is appropriate or requisite that an interim order be made against a registered person, the Board must have regard, in particular, to — ( a ) the extent to which the registered person or any other person is likely to sustain harm or damage; and ( b ) the nature and likely consequences of any such harm or damage, if the registered person continues to carry out the prescribed practice of traditional Chinese medicine the registered person is registered to carry out before a decision under section 26G(2)( a ) or ( b ) is made. [8/2019] (4) Subject to subsections (5) to (8), the Board may confirm an interim order made against a registered person, with or without modifications, if the Board is satisfied that it continues to be necessary to prevent the registered person from carrying out the prescribed practice of traditional Chinese medicine that the registered person is registered to carry out. [8/2019] (5) Before the Board confirms an interim order, the Board must — ( a ) refer the interim order to an Inquiry Committee; and ( b ) give written notice to the registered person concerned — (i) stating that the Board proposes to confirm the interim order and setting out its effect; (ii) setting out the facts which, in the Board’s opinion, justify the confirmation of the interim order; and (iii) specifying the period (being at least 30 days starting on the date of service of the notice) within which the registered person may make representations or objections with respect to the proposed confirmation and modifications (if any) to the Inquiry Committee. [8/2019] (6) Where the Board refers an interim order to an Inquiry Committee under subsection (5)( a ) — ( a ) the Inquiry Committee must give the registered person an opportunity of appearing before the Inquiry Committee (whether in person or represented by counsel) to be heard on the proposed confirmation and modifications (if any) of the interim order; and ( b ) sections 26E (except subsection (4)( b )), 26F and 26G(1)( a ) apply with the necessary modifications. [8/2019] (7) The Inquiry Committee mentioned in subsection (5)( a ) may recommend that the Board confirm or not confirm the interim order, with or without modifications, after considering — ( a ) the facts which, in the Board’s opinion, justify the confirmation of the interim order; and ( b ) any representations or objections made by the registered person concerned with respect to the proposed confirmation and modifications (if any) of the interim order. [8/2019] (8) The Board may, after considering the recommendation of the Inquiry Committee under subsection (7) — ( a ) confirm the interim order, with or without modifications; or ( b ) not confirm the interim order. [8/2019] (9) In this section, “interim order” means an order which, if not confirmed in accordance with subsection (8), ceases to have effect at the end of the period (not exceeding 18 months) that the order specifies. Division 4 &#x2014; Inquiry Committees


document_id: tcmpa-2000
provision_ref: s26I
chapter: PART 4A - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 26I
title: Appointment of Inquiry Committees
content:
26I. —(1) Subject to this section, the Board may appoint from any persons one or more Inquiry Committees to inquire under section 26E into any complaint against, or information about, any registered person. [8/2019] (2) An investigator directed by an Inquiry Committee under section 26E(4)( a ) to investigate into the facts and circumstances of any complaint against, or information about, a registered person must not be appointed a member of an Inquiry Committee inquiring into the same complaint or information. [8/2019] (3) To avoid doubt, a public officer in the Ministry of Health is not disqualified from being appointed a member of an Inquiry Committee by reason only that the person is such a public officer. [8/2019] (4) An Inquiry Committee may be appointed in connection with one or more matters or for a fixed period of time set by the Board. [8/2019] (5) The production of any written instrument purporting to be signed by the Board and making an appointment under this section is evidence that the appointment has been duly made. [8/2019]


document_id: tcmpa-2000
provision_ref: s26J
chapter: PART 4A - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 26J
title: Revoking appointment of Inquiry Committees, etc.
content:
26J. —(1) Subject to this section, the Board may — ( a ) dissolve an Inquiry Committee, where the Board is satisfied that more than half of the members of the Inquiry Committee are unable to carry out their duties properly and effectively because of any conflict of interest or potential conflict of interest on the part of each member concerned; or ( b ) remove a member of an Inquiry Committee, and appoint another person in place of that member, where the Board is satisfied that the member concerned is unable to carry out his or her duties properly and effectively because of any conflict of interest or potential conflict of interest. [8/2019] (2) Where any vacancy occurs in any Inquiry Committee because of the death or illness of, or other cause preventing, a member of the Inquiry Committee from continuing his or her duties on that Inquiry Committee, the Board may fill that vacancy by making an appointment in accordance with section 26I. [8/2019] (3) The production of any written instrument purporting to be signed by the Board and — ( a ) dissolving an Inquiry Committee mentioned in subsection (1)( a ); or ( b ) removing or replacing a member of an Inquiry Committee mentioned in subsection (1)( b ), is evidence that the dissolution, removal or replacement (as the case may be) has been duly made.


document_id: tcmpa-2000
provision_ref: s26K
chapter: PART 4A - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 26K
title: Confidentiality of information
content:
26K. —(1) A person to whom this section applies must not disclose any information contained in any document as may have come to the person’s knowledge in the course of any inquiry under this Part unless the disclosure is made — ( a ) under or for the purpose of administering this Act or its subsidiary legislation or the Infectious Diseases Act 1976; or ( b ) for any other purpose with the consent of the person to whom the information relates. [8/2019] (2) A person to whom this section applies 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. [8/2019] (3) This section applies to — ( a ) an investigator directed by any Inquiry Committee under section 26E(4)( a ) to investigate any complaint against, or information about, a registered person; ( b ) a member of any Inquiry Committee; and ( c ) a member. [8/2019]


document_id: tcmpa-2000
provision_ref: s27
chapter: PART 5 - MISCELLANEOUS
section: 27
title: Examinations Committee
content:
27. —(1) The Board may appoint a committee, called the Examinations Committee, which consists of any number of members that the Board may determine. (2) The functions of the Examinations Committee are — ( a ) to determine the standard and content of qualifying examinations for the purpose of registration under section 14; ( b ) to organise and conduct the examinations; and ( c ) to issue certificates to persons who have passed the examinations.


document_id: tcmpa-2000
provision_ref: s28
chapter: PART 5 - MISCELLANEOUS
section: 28
title: Investigators
content:
28. The Board may, in writing, appoint a member or an employee of the Board, a public officer or any other person as an investigator, subject to any conditions and limitations that the Board may specify. [8/2019]


document_id: tcmpa-2000
provision_ref: s29
chapter: PART 5 - MISCELLANEOUS
section: 29
title: Powers for enforcement purposes
content:
29. —(1) This section provides for the enforcement powers which an investigator may exercise for any of the following purposes: ( a ) investigating into an offence under this Act or its subsidiary legislation; ( b ) investigating into any complaint or information under Part 4A; ( c ) determining whether any information provided to the Board under this Act or its subsidiary legislation is correct. [8/2019] (2) Subject to subsection (4), the following are the enforcement powers that an investigator may exercise in relation to a place for a purpose in subsection (1): ( a ) to enter the place; ( b ) to search the place and any thing in or on the place; ( c ) to examine or observe any activity conducted in or on the place; ( d ) to inspect and examine any thing in or on the place; ( e ) to make any still or moving image or any recording of the place or any thing in or on the place; ( f ) to inspect any document or record in the place and to take extracts from, or make copies of, any such document or record; ( g ) to take into or onto the place any equipment and materials that the investigator requires for the purpose of exercising enforcement powers in relation to the place; ( h ) to operate electronic equipment in or on the place; ( i ) to secure a thing for a period not exceeding 24 hours if the thing is found in or on the place during the exercise of enforcement powers and the investigator believes on reasonable grounds that — (i) the thing is evidential material, or is intended to be used for the purpose of contravening any provision of this Act or its subsidiary legislation or any condition of the registration of any registered person; and (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; ( j ) to seize any document, record or thing which is found in or on the place during the exercise of enforcement powers that the investigator reasonably suspects is evidential material; ( k ) to require any person found in or on the place to answer any question (to the best of that person’s knowledge, information and belief) and to provide any document, record or information. [8/2019] (3) In addition, an investigator may — ( a ) for any purpose in subsection (1), require any person in Singapore whom the investigator has reason to believe to be acquainted with any facts or circumstances relevant to that purpose to attend before the investigator to answer any question (to the best of that person’s knowledge, information and belief) and to provide any document, record or information; or ( b ) for the purpose in subsection (1)( b ), invite the registered person, within the period specified in the written notice mentioned in section 26F(1) (which must be at least 21 days starting on the date of the notice), to give to the investigator any written explanation the registered person wishes to provide. [8/2019] (4) However, an investigator is not authorised by this section — ( a ) to enter a place; ( b ) to search a place or any thing in or on a place; or ( c ) to seize any thing in or on a place, for the purpose mentioned in subsection (1)( b ) unless — ( d ) the occupier of the place consents to the entry, search or seizure, as the case may be; ( e ) the investigator believes on reasonable grounds that there is an imminent or immediate danger of serious bodily injury or death to any individual who is receiving or is about to receive any treatment at the place; or ( f ) the entry, search or seizure (as the case may be) is made under a warrant of a court. [8/2019] (5) The power under subsection (2)( h ) to operate electronic equipment in or on any place includes the power — ( a ) to use a disc, tape or other storage device that is in or on the place and can be used with the equipment or in association with the equipment; ( b ) to operate electronic equipment in or on the place to put the relevant data in documentary form and remove the documents so produced from the place; and ( c ) to operate electronic equipment in or on the place to transfer the relevant data to a disc, tape or other storage device that — (i) is brought to the place for the exercise of the power; or (ii) is in or on the place and the use of which for that purpose has been agreed in writing by the occupier of the place, and to remove the disc, tape or other storage device from that place. [8/2019] (6) The power under subsection (2)( i ) to secure any thing which is found during the exercise of enforcement powers in or on any place includes the power — ( a ) to secure the thing by locking it up, placing a guard or any other means; or ( b ) to prohibit any person from dealing with the thing. [8/2019] (7) The power under subsection (2)( j ) to seize any document, record or thing under warrant includes the power to seize any document, record or thing which is similarly so found that is not evidential material of the kind specified in the warrant if — ( a ) in the course of searching for the kind of evidential material specified in the warrant, the investigator finds the document, record or thing; and ( b ) the document, record or thing is evidential material for another offence under this Act or its subsidiary legislation. [8/2019] (8) However, a person is not subject to a requirement under subsection (2)( k ) or (3)( a ) if the person — ( a ) does not possess the document, record or information required; or ( b ) has taken all reasonable steps available to the person to obtain the document, record or information required and has been unable to obtain it. [8/2019] (9) A statement made by a person in answer to a question under subsection (2)( k ) or (3)( a ) 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. [8/2019] (10) An investigator may be assisted by other individuals in exercising enforcement powers under this section if that assistance is necessary and reasonable. [8/2019] (11) In this section, “place” means any premises which are used, or in respect of which there are reasonable grounds to believe are being or have been used, by any person — ( a ) to carry out any prescribed practice of traditional Chinese medicine; or ( b ) to keep any document, record or thing used in connection with the carrying out of any prescribed practice of traditional Chinese medicine. [8/2019]


document_id: tcmpa-2000
provision_ref: s30
chapter: PART 5 - MISCELLANEOUS
section: 30
title: False information and obstruction of performance of official duties
content:
30. —(1) If — ( a ) a person provides a document or record or gives information (whether orally or in writing) to an investigator; ( b ) the document or record is provided, or the statement is made or the information is given, for or in connection with any purpose under this Act or its subsidiary legislation; ( c ) the document, record, 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; and ( d ) the person knows, or ought reasonably to know, that the document or record is false or misleading, or that the statement or information is as described in paragraph ( c ), 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 6 months or to both. [8/2019] (2) Subsection (1) does not apply if the document, record, statement or information is not false or misleading in a material particular, or if the statement or information does not omit any matter or thing without which the statement or information (as the case may be) is misleading in a material particular. [8/2019] (3) A person who knowingly obstructs or prevents, or attempts to obstruct or prevent, an investigator in the discharge of the investigator’s powers or duties under this Act or its subsidiary legislation 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. [8/2019] (4) A person — ( a ) who intentionally alters, suppresses or destroys any document, record or information which the person has been required by or under section 29(2)( k ) or (3)( a ) to provide; or ( b ) who, in providing any document, record or information required by or under section 29(2)( k ) or (3)( a ), makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [8/2019] (5) A person who, without reasonable excuse, fails to do anything required of the person under section 29(2)( k ) or (3)( a ) 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. (6) To avoid doubt, for the purposes of subsection (5), it is a reasonable excuse for a person to refuse or fail to produce any document or record, provide any information or answer any question if doing so might tend to incriminate that person. [8/2019]


document_id: tcmpa-2000
provision_ref: s30A
chapter: PART 5 - MISCELLANEOUS
section: 30A
title: Disposal and forfeiture of seized documents, records and things
content:
30A. —(1) Any document, record or thing seized under section 29(2)( j ) must — ( a ) where the document, record or thing is produced in any criminal trial, be dealt with in accordance with section 364 of the Criminal Procedure Code 2010; ( b ) where the owner of the document, record or thing consents to its disposal, be deemed to be forfeited; or ( c ) in any other case — (i) be returned to the owner; or (ii) be reported to a Magistrate’s Court. [8/2019] (2) Where the seizure of any document, record or thing under section 29(2)( j ) is reported to a Magistrate’s Court under subsection (1)( c )(ii), the Magistrate’s Court may order the document, record or thing — ( a ) to be forfeited; or ( b ) to be disposed of in the manner that the Magistrate’s Court thinks fit. [8/2019] (3) Subject to any order to the contrary by the Magistrate’s Court, any document, record or thing forfeited or deemed to be forfeited under this section must be delivered to the Board and must be disposed of in the manner that the Registrar thinks fit. [8/2019] (4) This section does not affect any right to retain or dispose of any property which may exist in law apart from this section. [8/2019]


document_id: tcmpa-2000
provision_ref: s31
chapter: PART 5 - MISCELLANEOUS
section: 31
title: Funds of Board
content:
31. —(1) All fees, penalties and other moneys payable under this Act that are not paid are recoverable as a debt due to the Board. [8/2019] (2) Subject to subsection (3), all fees and other moneys collected or recovered by the Board under this Act must be paid to the Board. [8/2019] (3) All penalties and composition sums collected by the Board under this Act must be paid into the Consolidated Fund. [8/2019] (4) All moneys received by the Board or the Registrar must be paid into the funds of the Board. (5) The costs and expenses of and incidental to the performance of the functions of the Board and any committee appointed by the Board must be paid by the Board out of its funds. (6) The Minister may pay into the funds of the Board any sum of money out of moneys to be provided by Parliament that the Minister may determine.


document_id: tcmpa-2000
provision_ref: s32
chapter: PART 5 - MISCELLANEOUS
section: 32
title: Assessor to Board
content:
32. —(1) For the purposes of advising the Board and any committee appointed by the Board, the Board may appoint an assessor to the Board who must be an advocate and solicitor of at least 10 years’ standing. (2) The assessor must not participate or sit in any deliberations of the Board or its committees unless invited to do so, and the assessor’s participation must be limited only to questions of law arising from the proceedings. (3) The Board may pay to the assessor such remuneration, to be paid as part of the expenses of the Board, as the Board may determine.


document_id: tcmpa-2000
provision_ref: s33
chapter: PART 5 - MISCELLANEOUS
section: 33
title: No action against Board, etc., in absence of bad faith
content:
33. No action or legal proceedings shall lie against the Board, any committee appointed by the Board, or any member or employee of the Board or committee, for any act or thing done under this Act unless it is proved to the court that the act or thing was done in bad faith or with malice.


document_id: tcmpa-2000
provision_ref: s34A
chapter: PART 5 - MISCELLANEOUS
section: 34A
title: Composition of offences
content:
34A. —(1) The Board 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. [8/2019] (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. [8/2019]


document_id: tcmpa-2000
provision_ref: s35
chapter: PART 5 - MISCELLANEOUS
section: 35
title: Exemption
content:
35. The Minister may, subject to such conditions as the Minister thinks fit, by order exempt any person or class of persons from all or any of the provisions of this Act.


document_id: tcmpa-2000
provision_ref: s36
chapter: PART 5 - MISCELLANEOUS
section: 36
title: Regulations
content:
36. —(1) Subject to the provisions of this Act, the Board may, with the approval of the Minister, make any regulations that are necessary or expedient to give effect to the provisions and purposes of this Act and for the due administration of this Act. (2) Without limiting subsection (1), regulations may be made to — ( a ) provide for the duties of the Registrar; ( b ) provide for the form of the Register and the mode in which it must be kept; ( c ) regulate the procedure of any committee appointed by the Board and the conduct of any proceedings of the committee; ( d ) provide for payment of fees to any member or any committee appointed by the Board; ( e ) provide for the appointment of members to and composition of an Inquiry Committee; ( f ) prescribe the procedures to be followed by, and regulate the conduct of, any inquiry by an Inquiry Committee, including, for the purposes of any hearing before the Inquiry Committee — (i) enabling the Inquiry Committee to order and give discovery and inspection of documents; and (ii) enabling any party to the inquiry to issue subpoenas to testify or subpoenas to produce documents; ( g ) regulate the removal and restoration of names in the Register; ( h ) provide for the grant and renewal of practising certificates, including prescribing requirements relating to continuing professional education for, and any other aspect of, the practice of traditional Chinese medicine for such grant and renewal; ( i ) regulate the professional practice, etiquette, conduct and discipline of registered persons; ( j ) prescribe the forms necessary for the administration of this Act; ( k ) prescribe the fees and other charges for the purposes of this Act; ( l ) provide that any person who contravenes any regulation made 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; and ( m ) prescribe any other matter that is necessary or authorised to be prescribed under this Act. [8/2019]


document_id: tda-1941
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act — “award” means an award made by an Industrial Arbitration Court and includes a collective agreement a memorandum of the terms of which has been certified by the president of the Industrial Arbitration Court in accordance with the provisions of the Industrial Relations Act 1960; “industrial action” means — ( a ) any act or omission by a body of persons employed in any trade or industry, acting in combination or under a common understanding, which would result in any limitation or restriction on, or delay in, the performance of any duties connected with their employment; ( b ) any act or omission by a body of persons providing any platform service, acting in combination or under a common understanding, which would result in — (i) the limitation or restriction in the performance of tasks by platform workers in relation to their provision of that platform service; or (ii) the delay in the performance of tasks by platform workers in relation to their provision of that platform service; or ( c ) a strike; [Act 30 of 2024 wef 01/01/2025] “injury” means injury to a person in respect of his business, occupation, employment, provision of any platform service or other source of income and includes any actionable wrong; [Act 30 of 2024 wef 01/01/2025] “intimidate” means to cause in the mind of a person a reasonable apprehension of injury to him or to any member of his family or to any of his dependants or of violence or damage to any person or property; “lockout” — ( a ) in relation to an employer, means the closing of a place of employment or the suspension of work, or the refusal by the employer to continue to employ any number of persons employed by him in consequence of a trade dispute, done with a view to compelling those persons, or to aid another employer in compelling persons employed by him, to accept terms or conditions of or affecting employment; or ( b ) in relation to a platform operator, has the meaning given by section 19 of the Platform Workers Act 2024; [Act 30 of 2024 wef 01/01/2025] “maliciously” means the doing of a wrongful act intentionally without just cause or excuse; “platform operator” has the meaning given by section 4 of the Platform Workers Act 2024; [Act 30 of 2024 wef 01/01/2025] “platform service” has the meaning given by section 3 of the Platform Workers Act 2024; [Act 30 of 2024 wef 01/01/2025] “platform work association” and “registered platform work association” have the meanings given by section 19 of the Platform Workers Act 2024; [Act 30 of 2024 wef 01/01/2025] “platform worker” has the meaning given by section 5(1) of the Platform Workers Act 2024; [Act 30 of 2024 wef 01/01/2025] “strike” means the cessation of work — ( a ) by a body of persons employed in any trade or industry acting in combination, or a concerted refusal, or a refusal under a common understanding of a number of persons who are, or who have been so employed, to continue to work or to accept employment; or ( b ) by a body of platform workers providing any platform service acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of platform workers who are or have been providing any platform service for a platform operator to continue to do so or accept tasks in relation to the provision of that platform service for the platform operator; [Act 30 of 2024 wef 01/01/2025] “trade dispute” means any dispute between employers and employees or between employees and employees, or between employers and employers which is connected with the employment or non-employment, or the terms of employment or the conditions of labour, of any person; [Act 30 of 2024 wef 01/01/2025] “work dispute” means any dispute between platform workers and one or more platform operators, between platform workers or between platform operators, which is connected with — ( a ) whether any person is engaged or otherwise allowed as a platform worker to provide any platform service; or ( b ) the terms under which or the conditions in which any platform worker provides a platform service. [Act 30 of 2024 wef 01/01/2025]


document_id: tda-1941
provision_ref: s3
section: 3
title: Illegal industrial action and lockout
content:
3. —(1) An industrial action shall be illegal if — ( a ) it has any object other than the furtherance of — (i) a trade dispute within the trade or industry in which the persons taking part in the industrial action are engaged; or (ii) a work dispute in respect of the platform service which the persons taking part in the industrial action provide for the platform operator involved in that work dispute; [Act 30 of 2024 wef 01/01/2025] ( b ) it is in furtherance of a trade dispute or work dispute of which an Industrial Arbitration Court has cognizance; or [Act 30 of 2024 wef 01/01/2025] ( c ) it is designed or calculated to coerce the Government either directly or by inflicting hardship on the community. (2) A lockout shall be illegal if — ( a ) it has any object other than the furtherance of — (i) a trade dispute within the trade or industry in which the employers locking out are engaged; or (ii) a work dispute in respect of the platform service which the platform operators locking out are engaged in providing through the platform workers involved in that work dispute; [Act 30 of 2024 wef 01/01/2025] ( b ) it is in furtherance of a trade dispute or work dispute of which an Industrial Arbitration Court has cognizance; or [Act 30 of 2024 wef 01/01/2025] ( c ) it is designed or calculated to coerce the Government either directly or by inflicting hardship on the community.


document_id: tda-1941
provision_ref: s4
section: 4
title: When lockout or industrial action not deemed to be illegal
content:
4. A lockout in consequence of an illegal industrial action or an industrial action in consequence of an illegal lockout shall not be deemed to be illegal.


document_id: tda-1941
provision_ref: s5
section: 5
title: Penalties in relation to illegal industrial action and lockout
content:
5. —(1) Any person who commences, continues or otherwise acts in furtherance of an illegal industrial action 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 6 months or to both. (2) Any person who commences, continues or otherwise acts in furtherance of an illegal lockout shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: tda-1941
provision_ref: s6
section: 6
title: Penalty for instigation
content:
6. Any person who instigates or incites others to take part in or otherwise acts in furtherance of an illegal industrial action or lockout, or who instigates or incites a person bound by an award to take part in or otherwise act in furtherance of any industrial action, 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: tda-1941
provision_ref: s7
section: 7
title: Penalty for giving financial aid to illegal industrial action or lockout
content:
7. Any person who knowingly expends or applies any money in direct furtherance or support of any illegal industrial action or lockout 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: tda-1941
provision_ref: s8
section: 8
title: Protection of persons refusing to take part in illegal industrial action or lockout
content:
8. —(1) No person who refuses to take part in or to continue to take part in an illegal industrial action or lockout shall, by reason of such refusal, be subject to expulsion from any trade union or platform work association or to any fine or penalty, or to any deprivation of any right or benefit to which he or his legal personal representative would otherwise be entitled nor shall such person be placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the trade union or platform work association, as the case may be. [Act 30 of 2024 wef 01/01/2025] (2) If a registered trade union or registered platform work association or the body, by whatever name called, to which the management of the affairs of a registered trade union or registered platform work association is entrusted declares that it expels or intends to expel any member, or that it imposes or intends to impose any fine, penalty, deprivation, disability or disadvantage upon a member where the expulsion, fine, penalty, deprivation, disability or disadvantage would be contrary to subsection (1), the trade union or platform work association (as the case may be) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [Act 30 of 2024 wef 01/01/2025]


document_id: tda-1941
provision_ref: s9
section: 9
title: Intimidation
content:
9. Every person who with a view to compelling any other person to abstain from doing or to do any act, which such other person has a legal right to do or abstain from doing, wrongfully and without legal authority — ( a ) uses violence to or intimidates such other person or his wife or children, or injures his property; ( b ) persistently follows such other person about from place to place; ( c ) hides any tool, clothes, or other property owned or used by such other person, or deprives him of or hinders him in the use thereof; ( d ) watches or besets the house or other place where such other person resides or works or carries on business or happens to be or the approach to such house or place; or ( e ) follows such other person with 2 or more persons in a disorderly manner in or through any street or road, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: tda-1941
provision_ref: s10
section: 10
title: Picketing
content:
10. It shall not be unlawful for one or more persons acting on his or their own behalf or on behalf of a trade union or of an individual employer or firm in contemplation or furtherance of a trade dispute, or acting on his or their own behalf or on behalf of a platform work association or of an individual platform operator in contemplation or furtherance of a work dispute, to attend at or near a house or place where a person resides or works or carries on business or happens to be or the approach to any such house or place — ( a ) merely for the purpose of peacefully obtaining or communicating information; or ( b ) merely for the purpose of peacefully persuading or inducing any person to work or abstain from working, except that if such person or persons so attends or attend in such numbers or otherwise in such manner as to be calculated — ( c ) to intimidate any person in that house or place; ( d ) to obstruct the approach to or exit from that house or place; or ( e ) to lead to a breach of the peace, such attending shall be unlawful and shall be deemed to constitute an offence under section 9( d ). [Act 30 of 2024 wef 01/01/2025]


document_id: tda-1941
provision_ref: s11
section: 11
title: Breach of contract liable to injure person or property
content:
11. Every person who wilfully and maliciously breaks a contract of service or of hiring, or a platform work agreement within the meaning given by section 2 of the Platform Workers Act 2024, knowing or having reason to believe that the probable consequences of his doing so, either alone or in combination with others, will be to endanger human life or cause serious bodily injury, or to expose valuable property whether real or personal to destruction or serious injury shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both. [Act 30 of 2024 wef 01/01/2025]


document_id: tda-1941
provision_ref: s12
section: 12
title: Offences arrestable and non-bailable
content:
12. Every offence against the provisions of this Act shall be arrestable and non-bailable for the purposes of the Criminal Procedure Code 2010.


document_id: tda-1941
provision_ref: s13
section: 13
title: Consent of Public Prosecutor to proceed with charge under section 5, 6 or 7
content:
13. Where any person is charged before any court with an offence under section 5, 6 or 7, no further proceedings in respect of that offence shall be taken against him without the consent of the Public Prosecutor, except such as the court may think necessary to remand (whether in custody or on bail) or otherwise to secure the safe custody of the person charged, provided that this section shall not apply to proceedings instituted by or on behalf of the Public Prosecutor ab initio.


document_id: tda-1941
provision_ref: s14
section: 14
title: Place of trial
content:
14. Except offences under section 5, 6 or 7, which may be placed before the General Division of the High Court for trial, every offence under this Act may be prosecuted before a District Court or Magistrate’s Court. [40/2019]


document_id: tda-1941
provision_ref: s15
section: 15
title: Conspiracy in trade disputes or work disputes
content:
15. —(1) An agreement or a combination by 2 or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute between employers and employees, or a work dispute between platform operators and platform workers, shall not be punishable as a conspiracy if such act committed by one person would not be punishable as a crime. [Act 30 of 2024 wef 01/01/2025] (2) An act done in pursuance of an agreement or a combination of 2 or more persons shall, if done in contemplation or furtherance of a trade dispute or work dispute, not be actionable unless the act, if done without any such agreement or combination, would be actionable. [Act 30 of 2024 wef 01/01/2025] (3) Nothing in this section shall exempt from punishment any person guilty of a conspiracy for which a punishment is awarded by any written law. (4) Nothing in this section shall affect the law relating to riot, unlawful assembly, breach of the peace or any offence against the State or the President. [Act 30 of 2021 wef 02/11/2022] (4A) Nothing in this section — ( a ) affects the power of a court to punish for contempt of court within the meaning of section 3 of the Administration of Justice (Protection) Act 2016; or ( b ) applies to an act that is an offence under section 267C, 298, 298A or 505 of the Penal Code 1871 * , or section 17E or 17F of the Maintenance of Religious Harmony Act 1990 * . [*Updated to be consistent with the 2020 Revised Edition] [Act 30 of 2021 wef 02/11/2022] (5) A crime for the purposes of this section means an offence for the commission of which the offender is liable under the law making the offence punishable to be imprisoned either absolutely or at the discretion of the court as an alternative for some other punishment. [Act 30 of 2024 wef 01/01/2025]


document_id: thpa-2014
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Agency” means the National Environment Agency established under section 3 of the National Environment Agency Act 2002; “air quality index”, for any area, means a number that describes, through such periodic recording and methodology as the Agency approves, the presence and movement of pollutants and particles in the air environment outdoors in that area relative to the health, wellbeing, needs and purposes of human beings; “authorised officer” has the meaning given by section 2 of the Environmental Protection and Management Act 1999; “conduct” means any act or omission, any series of acts or omissions, or both; “conduct which causes or contributes to any haze pollution in Singapore” includes lighting fires outdoors for or in connection with any farming operation or forestry operation and leaving unattended such fires; “Director-General” means the Director-General of Environmental Protection appointed under section 3(1) of the Environmental Protection and Management Act 1999; “document” includes — ( a ) any map, plan, graph or drawing; ( b ) any photograph; ( c ) any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means; ( d ) any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being produced or reproduced (with or without the aid of another article or device); and ( e ) any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them; “engage in conduct” means engage, whether directly or indirectly, in conduct either alone or together with any other person or persons; “entity” means any sole proprietorship, partnership, corporation or other body of persons, whether corporate or unincorporate; “farming operations” means activities carried out for the purpose of — ( a ) establishing a plantation or farm (such as the clearing of land, or the use of pesticides, herbicides and fertilisers); or ( b ) securing — (i) the production on the land (whether by sowing seed or otherwise), on an ongoing basis, of food or other produce; or (ii) the commercial breeding of livestock or poultry on land, and includes the provision of roads and trails, and the maintenance of existing railways, to enable or assist in the operations and activities mentioned in paragraph ( a ) or ( b ) or both; “forestry operations” means — ( a ) logging operations; ( b ) activities relating to the management of land for timber production such as thinning and other silvicultural activities; ( c ) harvesting or collecting vegetation (whether living or dead and whether fallen or standing), indigenous animal life or other forest products that are of economic value; or ( d ) the provision of roads and trails, and the maintenance of existing railways, to enable or assist in any, or any combination, of the operations and activities referred to in paragraph ( a ), ( b ) or ( c ); “grave natural disaster or phenomenon” means a natural disaster or other natural phenomenon of an exceptional, inevitable and irresistible character, the effects of which could not have been prevented by human action or avoided by the exercise of due care or foresight; “haze pollution in Singapore” means pollution of the environment in Singapore comprising any poor air quality episode involving smoke from any land or forest fire wholly outside Singapore; “land or forest fire” includes coal seam fire, peat fire or plantation fire; “logging operations” means the cutting and removal of timber from land for the purpose of timber production; “occupier”, in relation to any land situated in a foreign State or territory outside Singapore, includes, if there is no person in actual occupation of the land, the person charged by the owner of the land, or by the law of the foreign State or territory, with the management of that land; “owner”, in relation to any land situated in a foreign State or territory outside Singapore, includes any person — ( a ) who holds a valid lease, licence, permit, concession or other similar authorisation from a government of the foreign State or territory as regards the land for the person to carry out farming operations or forestry operations in respect of that land; or ( b ) who has an agreement or arrangement with another person who has a customary right under the law of the foreign State or territory as regards the land, and the agreement or arrangement relates to any farming operations or forestry operations to be carried out by any person in respect of that land; “pollution” means wide-scale direct or indirect alteration of the environment — ( a ) to its detriment or degradation, or potential detriment or degradation; or ( b ) to the detriment or potential detriment of its use or other environmental value; “preventive measures notice” means a notice issued by the Director‑General under section 9(1); “smoke” includes soot, ash, grit and gritty particles emitted in smoke; “the environment” means — ( a ) any land, air or water; ( b ) any living thing; and ( c ) any man-made or modified structures and areas, and includes interactions between all or any of the components mentioned in paragraphs ( a ), ( b ) and ( c ). (2) For the purposes of this Act, a poor air quality episode occurs when — ( a ) the air quality index for any part of Singapore reaches the prescribed number on the index or higher; and ( b ) for the next 24 hours or longer, the air quality index for the same part or any other part of Singapore remains at or reaches that number so prescribed or higher. (3) Any reference in this Act to a person (called in this subsection the primary person) engaging in conduct that condones the conduct of or by another person (called in this subsection the secondary person) which causes or contributes to any haze pollution in Singapore is a reference to — ( a ) the primary person failing to prevent such conduct of the secondary person as is within the primary person’s contemplation or that is a reasonably foreseeable consequence of the primary person’s own conduct; or ( b ) if the secondary person’s conduct has already occurred — (i) the primary person failing to stop the secondary person’s conduct from continuing; or (ii) the primary person failing to substantially reduce the detriment or potential detriment to the environment in Singapore or its use or other environmental value, or the degradation or potential degradation to the environment in Singapore, due to the secondary person’s conduct.


document_id: thpa-2014
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Participation of entity in management of another entity
content:
3. For the purposes of this Act, an entity (called in this section the first entity) participates in the management of another entity (called in this section the second entity) if, and only if — ( a ) the first entity actually participates in the management or operational affairs of the second entity; ( b ) the first entity exercises decision‑making control over any business decision by the second entity to engage in conduct or to engage in conduct that condones any conduct by another entity or individual, on any land outside Singapore (being land owned or occupied by the second entity), which causes or contributes to any haze pollution in Singapore; or ( c ) the first entity exercises control at a level comparable to that exercised by a manager of the second entity, such that the first entity assumes or manifests responsibility — (i) for the overall management of the second entity encompassing the day‑to‑day decision‑making with respect to any business decision to engage in conduct or to engage in conduct that condones any conduct by another entity or individual, on any land outside Singapore (being land owned or occupied by the second entity), which causes or contributes to any haze pollution in Singapore; or (ii) for all or a substantial part of the operational functions (as distinguished from financial or administrative functions) of the second entity.


document_id: thpa-2014
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Extraterritorial application
content:
4. This Act extends to and in relation to any conduct or thing outside Singapore which causes or contributes to any haze pollution in Singapore.


document_id: thpa-2014
provision_ref: s5
chapter: PART 2 - LIABILITY FOR TRANSBOUNDARY HAZE POLLUTION
section: 5
title: Offences for causing, etc., haze pollution in Singapore
content:
5. —(1) An entity shall be guilty of an offence if — ( a ) the entity — (i) engages in conduct (whether in or outside Singapore) which causes or contributes to any haze pollution in Singapore; or (ii) engages in conduct (whether in or outside Singapore) that condones any conduct (whether in or outside Singapore) by another entity or individual which causes or contributes to any haze pollution in Singapore; and ( b ) there is haze pollution in Singapore at or about the time of that conduct by that entity. (2) An entity which is guilty of an offence under subsection (1) shall be liable on conviction to — ( a ) a fine not exceeding $100,000 for every day or part of a day that there is haze pollution in Singapore occurring at or about the time of the entity’s conduct mentioned in subsection (1)( a )(i) or (ii) (as the case may be), but not exceeding in the aggregate the maximum prescribed in subsection (5); and ( b ) if it is proved that, at or about the time of that haze pollution in Singapore, the entity had failed to comply with any preventive measures notice given in relation to that haze pollution in Singapore, then in addition to any fine imposed under paragraph ( a ), a fine not exceeding $50,000 for every day or part of a day that the entity fails to comply with the preventive measures notice, but not exceeding in the aggregate the maximum prescribed in subsection (5). (3) An entity shall be guilty of an offence if — ( a ) the entity participates in the management of another entity (called in this subsection the second entity); ( b ) the second entity is an owner or occupier of any land situated outside Singapore; ( c ) the second entity — (i) engages in conduct (whether in or outside Singapore) which causes or contributes to any haze pollution in Singapore; or (ii) engages in conduct (whether in or outside Singapore) that condones any conduct (whether in or outside Singapore) by another entity or individual which causes or contributes to any haze pollution in Singapore; and ( d ) there is haze pollution in Singapore at or about the time of that conduct by the second entity. (4) An entity which is guilty of an offence under subsection (3) shall be liable on conviction to — ( a ) a fine not exceeding $100,000 for every day or part of a day that there is haze pollution in Singapore occurring at or about the time of the entity’s conduct mentioned in subsection (3)( c )(i) or (ii) (as the case may be), but not exceeding in the aggregate the maximum prescribed in subsection (5); and ( b ) if it is proved that, at or about the time of that haze pollution in Singapore, the entity had failed to comply with any preventive measures notice given in relation to that haze pollution in Singapore, then in addition to any fine imposed under paragraph ( a ), a fine not exceeding $50,000 for every day or part of a day that the entity fails to comply with the preventive measures notice, but not exceeding in the aggregate the maximum prescribed in subsection (5). (5) In sentencing any entity upon its conviction of an offence under subsection (1) or (3), the court must not impose an aggregate fine exceeding $2 million.


document_id: thpa-2014
provision_ref: s6
chapter: PART 2 - LIABILITY FOR TRANSBOUNDARY HAZE POLLUTION
section: 6
title: Civil liability for causing, etc., haze pollution in Singapore
content:
6. —(1) It is a duty of an entity — ( a ) not to engage in conduct (whether in or outside Singapore) which causes or contributes to any haze pollution in Singapore; and ( b ) not to engage in conduct (whether in or outside Singapore) that condones any conduct (whether in or outside Singapore) by another entity or individual which causes or contributes to any haze pollution in Singapore. (2) It is a duty of an entity which participates in the management of another entity (called in this subsection the second entity) that is the owner or occupier of any land situated outside Singapore to ensure that — ( a ) the second entity does not engage in conduct (whether in or outside Singapore) which causes or contributes to any haze pollution in Singapore; and ( b ) the second entity does not engage in conduct (whether in or outside Singapore) that condones any conduct (whether in or outside Singapore) by another entity or individual which causes or contributes to any haze pollution in Singapore. (3) Where an entity engages in conduct that is in breach of any duty under subsection (1) or (2), then, subject to section 7 and the defences and other incidents applicable to actions for breach of statutory duty, such conduct is actionable conduct at the suit of any person in Singapore who, in consequence of that breach — ( a ) sustains any personal injury, contracts any disease or sustains any mental or physical incapacity in Singapore, or dies in Singapore from that personal injury, disease or incapacity; ( b ) sustains any physical damage to property in Singapore; or ( c ) sustains any economic loss, including a loss of profits, in Singapore. (4) A cause of action for any actionable conduct mentioned in subsection (3) is actionable in Singapore, whether or not that conduct is also actionable in the foreign jurisdiction where that conduct occurred.


