# legal_provisions

document_id: sda-1999
provision_ref: s47F
chapter: PART 7A - COMPENSATION FOR TEMPORARY OCCUPATION OF
section: 47F
title: Owner‑initiated acquisition
content:
47F. —(1) Upon the Board receiving a notice under section 47E in relation to any temporarily occupied premises, and any other premises related to the temporarily occupied premises, the President is to proceed under the Land Acquisition Act 1966 to acquire those premises as if those premises were the subject of a notice under section 49 of that Act. [12/2015] (2) The provisions of sections 49 and 49A of the Land Acquisition Act 1966 apply (so far as relevant) to any premises that are the subject of a notice under section 47E with the following exceptions, modifications and adaptations: ( a ) any reference in those sections to any land that is the subject of a notice under section 49(1) of the Land Acquisition Act 1966 is to be read as a reference to the premises that are the subject of a notice under section 47E; ( b ) any reference in those sections to land temporary possession of which is or has been taken under section 42 of the Land Acquisition Act 1966 is to be read as a reference to any premises temporary possession of which is or has been taken in accordance with section 4, 21, 44 or 45; ( c ) any reference in those sections to an owner of land is to be read as a reference to an owner of premises referred to in section 47E; ( d ) any reference in section 49A of the Land Acquisition Act 1966 to a claim period for any land temporary possession of which is or has been taken in accordance with a direction under section 42 of the Land Acquisition Act 1966 is to be read as a reference to one year starting from either of the following dates: (i) the date of the notice under section 44(2) or 45(2) (as the case may be) relating to those premises; (ii) the date of the expiry of the term of temporary possession in a notice under section 44(2) or 45(2) (as the case may be) for the temporary occupation and use of those premises, or the date the premises are returned to the owner if earlier; ( e ) such other exceptions, modifications and adaptations as the differences between them necessarily require. [12/2015]


document_id: sda-1999
provision_ref: s48
chapter: PART 8 - COMPENSATION, DAMAGES,
section: 48
content:
48. —(1) Except as otherwise provided, in all cases where compensation, damages, fees, costs or expenses are provided under this Act to be paid, the amount and (if necessary) the apportionment of the amount and any question of liability are, in case of dispute, or failure to pay, to be summarily ascertained and determined by a Magistrate’s Court or, if the amount claimed exceeds the Magistrate’s Court limit, by a District Court. (2) In any proceeding under subsection (1), the Magistrate’s Court or District Court may — ( a ) inquire whether those expenses ought to be borne wholly or in part by some person other than the defendant in the proceedings; ( b ) make any order concerning the expenses or their apportionment that appears to the Court to be just; and ( c ) where those expenses were incurred under section 26(6), 33(7E) or 41(1)( b ) by the Board in carrying out any works specified in a notice, inquire whether any requirement specified in the notice was reasonable. [10/2012] [Act 38 of 2024 wef 01/03/2025] (3) The Magistrate’s Court or District Court is not to order the expenses or any part of the expenses to be borne by any person other than the defendant in the proceedings unless the Court is satisfied that the other person has had due notice of the proceedings and an opportunity of being heard. (4) If the amount of compensation, damages, fees, costs or expenses is not paid by the party liable to pay it within 7 days after demand, that amount may be reported to a Magistrate’s Court or District Court and recovered in the same way as if it were a fine imposed by a Magistrate’s Court or District Court. (5) An appeal lies to the General Division of the High Court from any decision of a Magistrate’s Court or District Court under this section, and the provisions of the Criminal Procedure Code 2010 apply, with the necessary modifications, to all such appeals. [40/2019]


document_id: sda-1999
provision_ref: s49
chapter: PART 8 - COMPENSATION, DAMAGES,
section: 49
title: Occupier may execute work where owner defaults in execution of work
content:
49. —(1) Whenever default is made by an owner of any premises in the execution of any work required under this Act to be executed by the owner, an occupier of the premises may, with the approval of the Board, cause the work to be executed. (2) The expense of the work executed under subsection (1) must be paid to the occupier by the owner of the premises or the amount may be deducted out of the rent from time to time becoming due from the occupier to the owner, and the occupier may, in the absence of any special agreement to the contrary, retain possession until that expense has been fully reimbursed to the occupier.


document_id: sda-1999
provision_ref: s50
chapter: PART 8 - COMPENSATION, DAMAGES,
section: 50
title: Recovery of costs and expenses payable by owners
content:
50. —(1) All sums payable by or recoverable from the owner of any premises in respect of costs and expenses incurred by the Board in connection with the execution of any work which are under this Act recoverable from an owner of any premises are, subject and without prejudice to any other rights of the Board, a first charge on the premises in respect of which the costs and expenses were incurred. (2) In addition to any other remedies conferred by this Act, any such sum may be recovered in the manner provided in this section, and the person or persons liable to pay it are the owner or owners at the time when the work was completed. (3) If any such sum remains unpaid at the end of the prescribed time, a notice must be served upon the person or any one of the persons (if more than one) liable to pay it, calling on the person to pay that sum together with a prescribed fee for the cost of the notice, within 15 days from the date of service of the notice. (4) Without affecting section 62, if no person liable to pay the sum can be found, the notice is deemed to have been duly served by the posting of it at the office of the Board and by fixing a copy of it on some conspicuous part of the premises in respect of which the costs and expenses were incurred. (5) At the end of the period of 15 days or any further period that the Board may allow, if any such sum or part of the sum remains due and unpaid, it is deemed to be in arrears and may be recovered as provided in section 52. (6) The charge mentioned in subsection (1) attaches, and the powers and remedies conferred by subsections (2) to (5) become exercisable, as from the date of completion of the work. (7) Despite any change in the ownership or occupation of the premises after the completion of the work, the charge and the powers and remedies mentioned in subsection (6) may be exercised against the premises or against any movable property or crops for the time being found on the premises. (8) An occupier who, when requested by or on behalf of the Board to state the name of the owner of the premises, refuses or wilfully omits to disclose or wilfully mis‑states the name shall, unless the occupier shows cause to the satisfaction of the court for the refusal or mis‑statement, be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.


document_id: sda-1999
provision_ref: s51
chapter: PART 8 - COMPENSATION, DAMAGES,
section: 51
title: Recovery of costs and expenses by instalments
content:
51. —(1) When the Board has incurred costs and expenses in or about the execution of any work, which are, under this Act, payable by or recoverable from an owner, the Board may — ( a ) recover those costs and expenses in the manner provided in section 50; or ( b ) if it thinks fit, make an arrangement with the owner for the payment of such instalments as will be sufficient to defray the whole amount of the costs and expenses with interest thereon at the prescribed rate, within a period not exceeding 10 years. (2) If on the date appointed for payment by any such arrangement, there is default in payment of any instalment or interest, the whole of the balance then outstanding of that amount, together with any interest in arrears, immediately becomes due and payable and, despite any change in the ownership or occupation of the premises since the date of the arrangement, may be recovered in the manner provided in section 50.


document_id: sda-1999
provision_ref: s52
chapter: PART 8 - COMPENSATION, DAMAGES,
section: 52
title: Proceedings for recovery of arrears
content:
52. —(1) For the recovery of arrears, the Board has and may exercise, either successively or concurrently, in addition to any other remedies conferred by this Act, the following powers: ( a ) the Board may issue a warrant of attachment and may seize by virtue of the warrant any movable property and crops of any person liable to pay the arrears and may also seize any movable property or crops belonging to anyone which are found on the premises in respect of which the arrears are due and may, after service of the prescribed notice, sell the same by public auction in any prescribed manner; ( b ) the Board may, by notice of sale to be served or published in the prescribed manner, declare its intention to sell, at the end of 3 months from the date of the notice of sale, the premises in respect of which the arrears are due and, if, at the end of that period, the arrears have not been paid or satisfied, the Board may sell by public auction, in lots or otherwise, the whole or such portion of the premises or such interest in the premises as it considers sufficient for the recovery of the arrears and costs. (2) The Board must not proceed under subsection (1)( b ) to sell the premises in respect of which the arrears are due, or any portion thereof or interest therein, where there is or are on the premises and liable to be seized and sold under subsection (1)( a ) any movable property or crops belonging to the owner of a value estimated by the Board to be sufficient to realise the sum required to satisfy the arrears and costs. (3) Any tenant, subtenant or occupier who, in order to avoid the seizure or sale of his, her or its property for arrears payable by the owner of the premises, pays the arrears and costs may thereafter, in the absence of any written agreement to the contrary — ( a ) deduct the amount so paid from the rent due or to become due by the tenant, subtenant or occupier to his, her or its immediate landlord on account of the premises or such part of the premises as is held or occupied by the tenant, subtenant or occupier; and ( b ) may retain possession until that amount has been fully reimbursed to the tenant, subtenant or occupier whether by deduction from the rent or otherwise. (4) Any tenant or subtenant who has reimbursed, whether by allowing a deduction from rent or otherwise, any subtenant or occupier holding or occupying under the tenant or firstmentioned subtenant the amount so paid by that subtenant or occupier, has a similar right to deduct the amount from the rent due or to become due to the tenant’s or firstmentioned subtenant’s immediate landlord and to retain possession until similarly reimbursed. (5) The receipt of any authorised officer for any amount so paid by any such tenant, subtenant or occupier is deemed an acquittance in full for the same amount of rent. (6) If any premises in respect of which arrears are due, or any movable property or crops mentioned in subsection (1) or the proceeds of sale thereof, are already in the custody of the law under any enforcement order by which the Board is unable to exercise the remedies conferred by this section, the Board — ( a ) may notify the Sheriff or the bailiff of the court concerned of the amount of the arrears; and ( b ) is entitled, without obtaining a judgment, to be paid that amount out of the proceeds of sale of the premises or property in priority to the judgment debtor and to the judgment creditor and to any other creditor except the Government. [Act 25 of 2021 wef 01/04/2022] (7) A certificate from the Board is, unless it is disputed by the judgment debtor, conclusive evidence of the amount of the arrears, and, in case of dispute, the amount is to be summarily determined by a Magistrate’s Court. (8) Where any premises (not being registered land) are sold under subsection (1)( b ), the Board has the power to execute the conveyance and the purchaser of the premises need not be concerned to inquire whether the provisions of this Act relating to the sale and the conveyance have been complied with nor otherwise to inquire into the regularity or validity of the sale and conveyance. (9) Section 144 of the Land Titles Act 1993 applies, with the necessary modifications, to any premises sold under subsection (1)( b ) which is registered land.


document_id: sda-1999
provision_ref: s53
chapter: PART 8 - COMPENSATION, DAMAGES,
section: 53
title: Attachment
content:
53. —(1) The attachment referred to in section 52(1)( a ) may be made by a person appointed for the purpose by the Board who must give public notice of the attachment in the prescribed manner and must take an inventory of the property attached. (2) A person appointed under subsection (1) is deemed to be a public servant within the meaning of the Penal Code 1871. (3) Such a person may break open in the daytime any house or building for the purpose of effecting the attachment.


document_id: sda-1999
provision_ref: s54
chapter: PART 8 - COMPENSATION, DAMAGES,
section: 54
title: Application of proceeds of sale
content:
54. —(1) The proceeds of a sale under section 52(1) and (2) must be applied in the first place in satisfaction of the arrears together with interest thereon at the prescribed rates and costs. (2) Where there is any surplus remaining, the Board must — ( a ) if satisfied as to the right of any person claiming the surplus, pay the amount of the surplus to that person; or ( b ) if not so satisfied, hold the amount in trust for the person who may ultimately succeed in due course of law in establishing that person’s title to the surplus. (3) If no title is established to the surplus within a period of 5 years from the date of the sale, it must be paid into the funds of the Board.


document_id: sda-1999
provision_ref: s55
chapter: PART 8 - COMPENSATION, DAMAGES,
section: 55
title: Title acquired by purchaser at sale by Board
content:
55. —(1) The purchaser at a sale held under section 52(1)( b ) is deemed to have acquired the right offered for sale free from all encumbrances created over it and from all subordinate interests derived from it except that which is expressly reserved by the Board at the time of sale. (2) The Board must notify, by an advertisement published in the Gazette , the result of the sale and the conveyance to the purchaser of the property or right offered for sale.


document_id: sda-1999
provision_ref: s56
chapter: PART 8 - COMPENSATION, DAMAGES,
section: 56
title: Costs of proceedings for recovery of arrears
content:
56. All costs of any proceedings for the recovery of arrears may be recovered as if they formed part of the arrears.


document_id: sda-1999
provision_ref: s57
chapter: PART 8 - COMPENSATION, DAMAGES,
section: 57
title: Power to stop sale
content:
57. If any person having any interest in any property liable to be sold at any time previous to such sale tenders to the Board the arrears with interest and costs, the Board must then cease all further proceedings in respect of the sale.


document_id: sda-1999
provision_ref: s58
chapter: PART 8 - COMPENSATION, DAMAGES,
section: 58
title: Application to court
content:
58. —(1) If any person whose movable property, crop or land has been attached or offered for sale disputes the attachment or sale, the person may apply to the General Division of the High Court or a District Court for an order to stay the proceedings. [40/2019] (2) The General Division of the High Court or District Court, after hearing the Board and making such further inquiry as is necessary, is to make such order as is just. [40/2019] (3) No application is to be entertained by the General Division of the High Court or District Court under this section unless the applicant has deposited in court the amount of the arrears and costs or furnished security for them to the satisfaction of the General Division of the High Court or District Court. [40/2019]


document_id: sda-1999
provision_ref: s59
chapter: PART 8 - COMPENSATION, DAMAGES,
section: 59
title: Liability of transferor who has not given notice
content:
59. —(1) Every person who sells or transfers any property in respect of which costs and expenses have been incurred by the Board in connection with the execution of any work which are, under this Act, recoverable from the owner or owners of the property, continues to be liable for — ( a ) the payment of all the costs and expenses payable in respect of the property which become payable; and ( b ) the performance of all other obligations imposed by this Act upon the owner of the property which are to be performed, at any time before the notice of transfer required by section 19 of the Property Tax Act 1960 has been given. (2) Nothing in subsection (1) affects the liability of the purchaser or transferee to pay such costs and expenses in respect of the property or affects the right of the Board to recover such costs and expenses or to enforce any obligation under this Act.


document_id: sda-1999
provision_ref: s60
chapter: PART 8 - COMPENSATION, DAMAGES,
section: 60
title: Proceedings where occupier opposes execution of work
content:
60. —(1) If the occupier of any premises prevents the owner of the premises from carrying into effect in respect of the premises any of the provisions of this Act after notice of the owner’s intention to do so has been given by the owner to that occupier, a Magistrate’s Court, upon proof thereof and upon application by the owner, may — ( a ) make a written order, requiring the occupier to permit the owner to execute all such works with respect to the premises as are necessary for carrying into effect the provisions of this Act; and ( b ) if it thinks fit, order the occupier to pay to the owner the costs relating to the application or order. (2) If after the end of 8 days from the date of the order the occupier continues to refuse to permit the owner to execute the works, the occupier shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 for every day during which the occupier so continues to refuse. (3) Every such owner is, during the continuance of such refusal, discharged from any penalty to which the owner might otherwise have become liable by reason of the owner’s default in executing the works.


document_id: sda-1999
provision_ref: s60A
chapter: PART 9 - MISCELLANEOUS PROVISIONS
section: 60A
title: Certain sewers and drains not fixtures and not subject to distress
content:
60A. —(1) This section applies to — ( a ) any public sewerage system which is situated at premises that are not in the possession of the Government or the Board; and ( b ) any stormwater drainage system or drain that — (i) is vested in the Government and which is situated in or upon premises not being in the possession of the Government; or (ii) is constructed, owned or managed by the Board and which is situated at premises that are not in the possession of the Board. (2) The public sewerage system, stormwater drainage system or drain — ( a ) is deemed not to be a fixture, and does not vest in the owner of the premises; and ( b ) is not to be subject to distress or be liable to be taken under or pursuant to an enforcement order of any court or any proceedings in bankruptcy against the person in whose possession it is. [Act 38 of 2024 wef 01/03/2025]


document_id: sda-1999
provision_ref: s61
chapter: PART 9 - MISCELLANEOUS PROVISIONS
section: 61
title: Notices, orders and other documents may be given by authorised officer
content:
61. All notices, orders, receipts, warrants and other documents of any nature which the Board is empowered to give by this Act may, subject to the direction of the Board, be given by any authorised officer on behalf of the Board.


document_id: sda-1999
provision_ref: s62
chapter: PART 9 - MISCELLANEOUS PROVISIONS
section: 62
title: Service of documents
content:
62. —(1) Where a document that is permitted or required by this Act to be served on a person (whether the expression “serve” or “give” or any other expression is used), the document may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner, secretary or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; ( c ) by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or ( d ) by sending it by email to the last email address of the body corporate or unincorporated association. (5) In addition, a document permitted or required by this Act to be served on an individual, a partnership, a body corporate or an unincorporated association may be served — ( a ) by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the document is available and how the addressee may use the addressee’s chosen means of access to access the document’s contents; or ( b ) by any other method authorised by any regulations for the service of documents of that kind if the addressee consents in the manner provided in the regulations to service of a document of that kind in that way. (6) Service of a document takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; or ( c ) if the document is sent by post, 2 days after the day the document was posted (even if it is returned undelivered). (7) However, service of any document under this Act on a person by email or by an electronic notice at the person’s chosen means of notification may be effected only with the person’s prior written consent to service in that way. (8) This section does not apply to documents to be served in proceedings in court. (9) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “chosen means of access”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents; “chosen means of notification”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been served on the addressee; “document” includes a notice or an order permitted or required by this Act to be served; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore. [Act 27 of 2023 wef 01/01/2024]


document_id: sda-1999
provision_ref: s62A
chapter: PART 9 - MISCELLANEOUS PROVISIONS
section: 62A
title: Use of electronic service for making applications
content:
62A. —(1) The Board may permit an application to it mentioned in section 33 to be made through the electronic service described in section 42AA of the Building Control Act 1989. (2) Where a person uses the electronic service mentioned in subsection (1) to make an application to the Board, the Board may serve on the person any acknowledgment, approval, certificate, direction, notice, permit or other document in connection with the application, by sending it to the person’s account with the electronic service. (3) Service of a document on a person under subsection (2) takes effect at the time when an electronic record of the document reaches the person’s account with the electronic service. (4) This section applies despite anything to the contrary in this Act. (5) In this section, “electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010. [Act 27 of 2023 wef 01/01/2024]


document_id: sda-1999
provision_ref: s63
chapter: PART 9 - MISCELLANEOUS PROVISIONS
section: 63
title: General penalties
content:
63. Unless a penalty has otherwise been expressly provided, any person who — ( a ) contravenes any of the provisions of this Act; or ( b ) fails to comply with any condition subject to which any clearance certificate is issued or approval is granted by the Board under section 33, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 3 months or to both, and in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.


document_id: sda-1999
provision_ref: s64
chapter: PART 9 - MISCELLANEOUS PROVISIONS
section: 64
title: Furnishing of deposits
content:
64. —(1) Where any clearance certificate is issued or approval is granted by the Board under section 33 for the execution of any works, the Board may require a deposit to be furnished by the person applying for the certificate or approval to secure the execution of the works. (2) Where any such works are not executed to the satisfaction of the Board, it may utilise the whole or any part of the deposit to make good the defects.


document_id: sda-1999
provision_ref: s65
chapter: PART 9 - MISCELLANEOUS PROVISIONS
section: 65
title: Inaccuracies in document
content:
65. —(1) No misnomer or inaccurate description of any person, premises, building, holding, street or place named or described in any document prepared, issued or served under, by virtue of or for the purposes of this Act in any way affects the operation of this Act as respects that person or place if that person or place is so designated in the document as to be identifiable. (2) No proceedings taken under or by virtue of this Act are invalid for want of form. [Act 38 of 2024 wef 01/03/2025]


document_id: sda-1999
provision_ref: s66
chapter: PART 9 - MISCELLANEOUS PROVISIONS
section: 66
title: Evidence of analyst
content:
66. —(1) The Board may appoint persons who in its opinion are qualified to be analysts for the purposes of this Act. (2) Subject to subsection (3), a certificate of an analyst appointed under subsection (1) stating that the analyst has analysed or examined a substance and stating the result of his or her analysis or examination is admissible in evidence in any proceedings for an offence under this Act as prima facie evidence of the facts stated in the certificate and of the correctness of the result of the analysis or examination. (3) A certificate of an analyst mentioned in subsection (2) must not be received in evidence pursuant to that subsection unless the person charged has been given a copy of the certificate together with reasonable notice of the intention of the prosecution to produce the certificate as evidence in the proceedings. (4) Where a certificate of an analyst appointed under subsection (1) is admitted in evidence under subsection (2), the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross‑examined as if the analyst had given evidence of the matters stated in the certificate. (5) For the purposes of this section, a document purporting to be a certificate mentioned in subsection (2) on its production by the prosecution is, unless the contrary is proved, deemed to be such a certificate.


document_id: sda-1999
provision_ref: s67
chapter: PART 9 - MISCELLANEOUS PROVISIONS
section: 67
title: Offence by body corporate
content:
67. Where a body corporate is guilty of an offence under this Act, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any act or default on the part of, any director, manager, secretary or other similar officer of that body corporate, or any person who was purporting to act in any such capacity, he or she as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.


document_id: sda-1999
provision_ref: s67A
chapter: PART 9 - MISCELLANEOUS PROVISIONS
section: 67A
title: Liability for offence committed by agent or employee
content:
67A. Where an offence under this Act is committed by any person — ( a ) acting as an agent or employee of another person; or ( b ) being otherwise subject to the supervision or instruction of another person for the purposes of any employment in the course of which the offence was committed, that other person shall, without prejudice to the liability of the firstmentioned person, be liable for that offence in the same manner and to the same extent as if that other person had personally committed the offence unless that other person proves to the satisfaction of the court that the offence was committed without that other person’s consent or connivance and that it was not attributable to any neglect on that other person’s part. [10/2012]


document_id: sda-1999
provision_ref: s68
chapter: PART 9 - MISCELLANEOUS PROVISIONS
section: 68
title: Jurisdiction of court
content:
68. A District Court or a Magistrate’s Court has jurisdiction to hear and determine all proceedings under this Act and, despite anything to the contrary in the Criminal Procedure Code 2010, has power to impose the full punishment in respect of any offence under this Act.


document_id: sda-1999
provision_ref: s69
chapter: PART 9 - MISCELLANEOUS PROVISIONS
section: 69
title: Saving of prosecutions under other written laws
content:
69. Nothing in this Act prevents any person from being prosecuted under any other written law for any act or omission which constitutes an offence under this Act or from being liable under that other law to any other or higher punishment or penalty than that provided by this Act, except that no person shall be punished twice for the same offence.


document_id: sda-1999
provision_ref: s70
chapter: PART 9 - MISCELLANEOUS PROVISIONS
section: 70
title: Composition of offences
content:
70. —(1) The Board may compound any offence under this Act that may be prescribed as an offence which may be compounded by collecting from the person reasonably suspected of having committed the offence a sum of money not exceeding $5,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of that offence except that any compensation, damages, fees, costs or expenses which are provided to be paid under this Act remain payable. (2A) All sums collected under this section must be paid into the Consolidated Fund. [Act 38 of 2024 wef 01/04/2025] (3) Nothing in this section prevents the Board from issuing any further notice referred to in section 41 in respect of the same matter to the person who has paid the sum of money.


document_id: sda-1999
provision_ref: s71
chapter: PART 9 - MISCELLANEOUS PROVISIONS
section: 71
title: Protection from liability
content:
71. —(1) No liability shall lie against the Government, the Board or any authorised officer by reason of the fact that any works are carried out in accordance with the provisions of this Act or that such works or plans of the works are subject to inspection, approval or certification by the Board or any authorised officer. (2) Nothing in this Act makes it obligatory for the Board or any authorised officer to inspect any building or works or the site of any proposed works to ascertain whether the provisions of this Act are complied with or whether any plans, certificates, reports, notices or other documents submitted to the Board are accurate. (3) No matter or thing done by any authorised officer shall, if it is done in good faith for the purpose of carrying out the provisions of this Act, subject him or her personally to any action, liability, claim or demand. (4) Where the Board or any authorised officer provides any information to any person in respect of any building or works by electronic or other means, neither the Board nor any authorised officer shall be liable for any loss or damage suffered by any person by reason of any error or omission of any nature or in any way caused, including any defect or breakdown in the equipment used for providing the information, if such error or omission is made in good faith and in the ordinary course of duties of the Board or authorised officer. 72. [ Repealed by Act 10 of 2012 ]


document_id: sda-1999
provision_ref: s73
chapter: PART 9 - MISCELLANEOUS PROVISIONS
section: 73
title: Exemption
content:
73. The Board may, with the approval of the Minister, by notification in the Gazette , exempt, either generally or for such time as it may specify, any person, thing, premises or works or any class of person, thing, premises or works from any provision of this Act.


document_id: sda-1999
provision_ref: s73A
chapter: PART 9 - MISCELLANEOUS PROVISIONS
section: 73A
title: Administrative exemption
content:
73A. —(1) The Board may, upon the application of a particular person, exempt the particular person from the operation of any of the provisions of — ( a ) this Act (including any material incorporated by reference under section 32A); or ( b ) any specifications or codes of practice mentioned in section 32, if the Board is satisfied that all of the following apply: ( c ) the particular person has undertaken safeguards to mitigate flooding, health and safety risks; ( d ) the exemption does not detrimentally affect the public sewerage system, stormwater drainage system or drain in question, as the case may be; ( e ) the particular person has undertaken safeguards to mitigate risks to the Board’s operations and maintenance of the public sewerage system, stormwater drainage system or drain in question, as the case may be. (2) The Board may grant an exemption under subsection (1) generally or for a period specified in the exemption, and subject to any conditions that the Board thinks necessary. (3) The Board may at any time add any condition to, or modify or remove any condition of, an exemption under subsection (1). (4) An exemption under subsection (1) — ( a ) must be in writing and given to the particular person concerned; and ( b ) need not be published in the Gazette . (5) The Board may at any time revoke any exemption under subsection (1). [Act 38 of 2024 wef 01/03/2025]


document_id: sda-1999
provision_ref: s74
chapter: PART 9 - MISCELLANEOUS PROVISIONS
section: 74
title: Regulations
content:
74. —(1) The Board may, with the approval of the Minister, make regulations for or in respect of every purpose which the Board considers necessary or convenient for carrying out the provisions of this Act and, in particular, may — ( a ) prescribe the standards and specifications for, and the requirements for the use of, private sewers and sewerage systems (including drain‑lines and their connections to the public sewerage system), the public sewerage system, water reclamation facilities, sanitary appliances, sanitary facilities, stormwater drainage systems and flood protection measures; [Act 38 of 2024 wef 01/03/2025] ( aa ) require owners or occupiers of premises to implement and maintain any flood protection measures at the premises that may be prescribed; [Act 38 of 2024 wef 01/03/2025] ( b ) prescribe matters relating to the requirement for a clearance certificate or the approval of the Board under section 33 in respect of the works mentioned in section 11(1)( a ) and ( b ), including — (i) the persons who are required to submit applications for the clearance certificate or approval (as the case may be), the qualifications required of those persons and the duties of those persons in submitting the applications; (ii) the types of works that require the clearance certificate or approval (as the case may be); and (iii) the persons who are required to carry out works that require the clearance certificate or approval (as the case may be) and the duties of those persons in carrying out such works; ( c ) regulate the discharge of trade effluent into sewers; ( ca ) require — (i) any conveyance transporting used water, sewage, waste matter or effluent to be fitted with any tracking device or locking device approved by the Board; and (ii) the information or data collected by the device to be kept, and provided to the Board, for or in such time (including as and when the Board requires) and in such manner as may be prescribed; [Act 38 of 2024 wef 01/03/2025] ( cb ) require — (i) any mechanical equipment or tool used in the course of any works mentioned in section 14 to be fitted with any tracking device that is approved by the Board; and (ii) the information or data collected by the device to be kept, and provided to the Board, for or in such time (including as and when the Board requires) and in such manner as may be prescribed; [Act 38 of 2024 wef 01/03/2025] ( d ) prohibit the discharge of silt or debris into stormwater drainage systems and reservoirs; [Act 38 of 2024 wef 01/03/2025] ( e ) prescribe additional requirements for the protection of the public sewerage system and any proposed public sewerage system that has been or is being constructed; [Act 38 of 2024 wef 01/03/2025] ( ea ) provide for the issue of an order by the Board to stop any works or other activity (including discharging or causing the discharge of any used water, sewage, waste matter or effluent) that has caused damage, or is likely to cause damage, to any or any part of the public sewerage system or a proposed public sewerage system that has been or is being constructed, or which may disrupt any process of treating the used water, sewage, waste matter or effluent or any process of water reclamation; [Act 38 of 2024 wef 01/03/2025] ( f ) prescribe fees and charges for the purposes of this Act, including for — (i) the disposal (including any treatment necessary or incidental to the disposal) of any used water, sewage, waste matter or effluent discharged from any premises that fails to meet the standards imposed by the Board under or pursuant to this Act on such used water, sewage, waste matter or effluent; and (ii) the late payment of prescribed fees and charges; ( g ) prescribe such service relating to sewage provided by the Board for which the Board may charge prices by way of agreement with the person to whom the service is provided in lieu of prescribing such prices; and ( h ) prescribe anything required or permitted to be prescribed under this Act. [10/2012; 11/2018] (2) The Board may, in making any regulations, provide that any contravention of the regulations shall be an offence — ( a ) punishable with a fine not exceeding $15,000 or with imprisonment for a term not exceeding 3 months or with both and, in the case of a continuing offence, with a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction; or ( b ) punishable — (i) on the first conviction, with a fine not exceeding $15,000 or with imprisonment for a term not exceeding 3 months or with both and, in the case of a continuing offence, with a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction; and (ii) on a second or subsequent conviction, with a fine not exceeding $30,000 or with imprisonment for a term not exceeding 3 months or with both and, in the case of a continuing offence, with a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [Act 38 of 2024 wef 01/03/2025] (3) Any regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: sdca-1972
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Chairperson” means the Chairperson of the Corporation; “Chief Executive” means the Chief Executive of the Corporation, and includes any individual acting in that capacity; “Corporation” means the Sentosa Development Corporation established under this Act; “Deputy Chairperson” means the Deputy Chairperson of the Corporation; “float” means any floating structure normally used as a point of transfer for passengers and goods and for mooring purposes; “land” includes land covered by water and any interest in land; “Marina Superintendent” means the Marina Superintendent appointed under section 26 and includes any Deputy or Assistant Marina Superintendent appointed under that section; “marine facilities” means facilities either owned by the Corporation or any lessee of any land in Sentosa that are intended primarily to be used by or for the service of vessels (including floats, ramps, hoists, parking areas, leased water areas, concessions and service facilities) located on land in Sentosa or in the waters and waterways of Sentosa; “master”, in relation to a vessel, means any person having or taking command, charge or management of the vessel for the time being; “member” means a member of the Corporation; “mooring” includes anchoring; “owner” — ( a ) in relation to any area of the waters of Sentosa, means the person who has leased the area from the Corporation; and ( b ) in relation to a vessel, includes the charterer of the vessel; “Sentosa” means all that part of the island known as Sentosa which was transferred to and vested in the Corporation on 1 September 1972 by virtue of section 41, the bridge known as Gateway Avenue linking Sentosa and the main island of Singapore and any land reclaimed from the foreshore of Sentosa which is transferred to or leased by the State to the Corporation; “vessel” means every description of vessel however propelled or moved and includes any thing constructed or used to carry persons or goods by water and a seaplane on or in the water, a hovercraft and a hydrofoil vessel; “waters of Sentosa” means all the inland waters of Sentosa that are — ( a ) vested in or leased to the Corporation; or ( b ) managed or controlled by the Corporation, whether or not the lands lying under the inland waters are vested in or leased to the Corporation or leased by the Corporation to others; “waterways” means any area of the waters of Sentosa providing access from one place to another, principally a water area providing a regular route for waterborne traffic. [Act 31 of 2022 wef 01/11/2022] (2) To avoid doubt, it is declared that, for the purposes of the definition of “Sentosa” in subsection (1), “land reclaimed from the foreshore of Sentosa” includes land that — ( a ) is formerly an island separate from the island of Sentosa; and ( b ) becomes contiguous with the island of Sentosa because of land reclamation. [Act 31 of 2022 wef 01/11/2022]


document_id: sdca-1972
provision_ref: s3
chapter: PART 2 - SENTOSA DEVELOPMENT CORPORATION
section: 3
title: Establishment of Sentosa Development Corporation
content:
3. —(1) For the purposes of this Act, a corporation called the Sentosa Development Corporation is established. (2) The Corporation consists of a Chairperson, a Deputy Chairperson and any number of other members that the Minister may determine. (3) The total number of members must not be less than 8 nor more than 15. (4) The Corporation is a body corporate with perpetual succession and a common seal, and is capable of — ( a ) acquiring, holding and disposing of movable and immovable property; ( b ) suing and being sued; and ( c ) doing and suffering all such acts and things as bodies corporate may lawfully do and suffer. (5) The members of the Corporation are to be appointed by the Minister, who must also appoint the Chairperson and the Deputy Chairperson from among its members. (6) The fixing of the seal of the Corporation must be authenticated by the signature of the Chairperson or the Deputy Chairperson or of another person authorised either generally or specially by the Corporation to act for that purpose.


document_id: sdca-1972
provision_ref: s4
chapter: PART 2 - SENTOSA DEVELOPMENT CORPORATION
section: 4
title: Members of Corporation
content:
4. —(1) A member must hold and vacate his or her office in accordance with the terms of his or her appointment. (2) Any member may, at any time by written notice to the Minister, resign his or her office. (3) If the Minister is satisfied that a member — ( a ) has become a bankrupt or has made an arrangement with his or her creditors; ( b ) is incapacitated by physical or mental illness; or ( c ) is in the opinion of the Minister otherwise unable or unfit to discharge his or her duties, the Minister may declare his or her office as a member to be vacant and must notify the fact in the manner that the Minister thinks fit, and thereupon the office becomes vacant. (4) If the Chairperson or the Deputy Chairperson ceases to be a member of the Corporation, he or she ceases to be the Chairperson or the Deputy Chairperson, as the case may be. (5) A member who ceases to be a member is eligible for re‑appointment. (6) The Corporation must pay to its members such salaries, fees or allowances as the Minister may determine.


document_id: sdca-1972
provision_ref: s5
chapter: PART 2 - SENTOSA DEVELOPMENT CORPORATION
section: 5
title: Meetings and proceedings of Corporation
content:
5. —(1) At all meetings of the Corporation, 5 members form a quorum. (2) The Chairperson presides at all meetings of the Corporation at which he or she is present. (3) The Deputy Chairperson presides at all meetings of the Corporation at which the Chairperson is not present and in the absence of both the Chairperson and the Deputy Chairperson at any meeting, the members present must appoint one of their number to preside at that meeting. (4) Meetings of the Corporation must be held at such times and places as the Corporation may determine. (5) A special meeting of the Corporation may at any time be convened by the Chairperson or the Deputy Chairperson. (6) All questions arising at any meeting must be decided by a majority of the votes of the members present and voting. (7) At any meeting of the Corporation, the Chairperson has a deliberative vote and, in the case of an equality of votes, also has a casting vote. (8) The validity of any proceedings of the Corporation is not affected by any vacancy among its members or by any defect in the appointment of any member. (9) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Corporation may regulate its own proceedings. [5/2018]


document_id: sdca-1972
provision_ref: s6
chapter: PART 2 - SENTOSA DEVELOPMENT CORPORATION
section: 6
title: Protection from personal liability
content:
6. —(1) No matter or thing done and no contract of any kind entered into by the Corporation and no matter or thing done by any member or employee of the Corporation or any other person acting under the direction of the Corporation shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of executing the provisions of this Act, subject the member or employee or any other person acting under the direction of the Corporation personally to any action, liability, claim or demand in respect thereof. (2) Any expense incurred by the Corporation or any member, employee or other person acting under the direction of the Corporation must be borne by and repaid out of the funds of the Corporation. [6A [Act 31 of 2022 wef 01/11/2022]


document_id: sdca-1972
provision_ref: s7
chapter: PART 2 - SENTOSA DEVELOPMENT CORPORATION
section: 7
title: Staff and employees
content:
7. The Corporation may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, any other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [5/2018]


document_id: sdca-1972
provision_ref: s8
chapter: PART 2 - SENTOSA DEVELOPMENT CORPORATION
section: 8
title: Chief Executive
content:
8. —(1) There must be a Chief Executive of the Corporation, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Corporation may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018]


document_id: sdca-1972
provision_ref: s9
chapter: PART 3 - FUNCTIONS AND POWERS OF CORPORATION
section: 9
title: Functions of Corporation
content:
9. The functions of the Corporation are the following: ( a ) to control, manage and administer Sentosa and, with the approval of the Minister, any other island or land elsewhere in or outside Singapore whether or not the island or land is owned by or leased to the Corporation; ( b ) to promote and encourage the development of services, facilities and amenities in Sentosa and, with the approval of the Minister, elsewhere in or outside Singapore for tourists and the public; ( c ) to develop, manage and control scenic attractions, educational, entertainment, leisure, recreational, tour and sports services, facilities and amenities in Sentosa and, with the approval of the Minister, elsewhere in or outside Singapore and to encourage their full and proper use by tourists and the public; ( d ) to develop and manage part of Sentosa for residential, commercial or recreational purposes and, with the approval of the Minister, any land elsewhere in Singapore for similar purposes; ( e ) to provide facilities for persons living and working in Sentosa and to enhance the operations of businesses operating in Sentosa; ( f ) to prepare and implement or to give assistance to schemes or projects which will provide or improve services, facilities and amenities in Sentosa and, with the approval of the Minister, elsewhere in or outside Singapore for tourists and the public.


document_id: sdca-1972
provision_ref: s10
chapter: PART 3 - FUNCTIONS AND POWERS OF CORPORATION
section: 10
title: Powers of Corporation
content:
10. The Corporation has power to do anything for the purpose of discharging its functions under this Act, or which is incidental or conducive to the discharge of those functions and, in particular, may — ( a ) promote or undertake publicity in any form; ( b ) provide advisory, consultancy, professional and information services; ( c ) promote or undertake research; ( d ) acquire by purchase, lease or sublease, or otherwise acquire, any land with or without any building and any areas of the waters of Sentosa; ( e ) grant leases, subleases and licences of any land vested in or leased to the Corporation and any of the areas of the waters of Sentosa; ( f ) develop any land and sell any developed land or part of the land; ( g ) take or hold mortgages, liens and charges to secure payment of the purchase price, or any unpaid balance of the purchase price, of any property sold by the Corporation or any money owing to the Corporation from purchasers and others; ( h ) erect, alter or reconstruct any building or marine facility on land vested in, leased to, or controlled or managed by, the Corporation; ( i ) form or participate in the formation of, subscribe for, acquire and hold and dispose of or otherwise deal with shares or stocks in any company, whether incorporated in or outside Singapore, carrying on or intending to carry on any activity or business in Sentosa and enter into any joint venture or partnership for the carrying on of any business or activity in Sentosa; ( j ) with the written approval of the Minister, form or participate in the formation of or subscribe for shares or stocks in any company; ( k ) with the written approval of the Minister, grant loans to, or guarantee the repayment of loans given to, any company in which the Corporation or any of its subsidiary companies holds any shares; ( l ) establish, maintain and operate launches, boats, services for the transport of passengers and goods, golf courses, services, facilities, equipment and apparatus as the Corporation thinks necessary for the performance of its functions; ( m ) subject to any regulations made by the Minister, impose such charges or fees as the Corporation may determine for admission into Sentosa and for the use, improvement or maintenance of any accommodation, services, works, marine facilities, recreation grounds, equipment, attractions, amenities or other facilities provided, maintained, controlled, administered or operated by the Corporation; ( n ) enter into any contract or agreement for the carrying out of the purposes of this Act; and ( o ) take any measures that are necessary for the prevention of pollution of the waters and waterways of Sentosa.


document_id: sdca-1972
provision_ref: s11
chapter: PART 3 - FUNCTIONS AND POWERS OF CORPORATION
section: 11
title: Power to prohibit or restrict use of motor vehicles in Sentosa
content:
11. —(1) The Corporation may prohibit or restrict the use of vehicles or of any class or description of vehicles on any road in Sentosa and may for that purpose grant permits for vehicles entering Sentosa and levy charges for the issue of those permits. (2) Without limiting subsection (1), the Corporation may — ( a ) impose different charges for different classes of vehicles entering Sentosa and for vehicles which are driven by different categories of visitors to Sentosa; ( b ) prohibit any class of vehicles, or vehicles driven by any category of visitors, from entering Sentosa; and ( c ) restrict the movement of vehicles during certain hours of the day or on certain days of the week. [10A


document_id: sdca-1972
provision_ref: s12
chapter: PART 3 - FUNCTIONS AND POWERS OF CORPORATION
section: 12
title: Directions by Minister
content:
12. The Minister may give to the Corporation any direction under section 5 of the Public Sector (Governance) Act 2018. [10B [5/2018]


document_id: sdca-1972
provision_ref: s13
chapter: PART 4 - FINANCIAL PROVISIONS
section: 13
title: Borrowing powers
content:
13. The Corporation may, with the consent of the Minister and subject to any terms that the Minister thinks fit, borrow money and issue bonds, debentures or mortgage or charge any of its property for the purpose of meeting its obligations or discharging its functions under this Act. [11


document_id: sdca-1972
provision_ref: s14
chapter: PART 4 - FINANCIAL PROVISIONS
section: 14
title: Provision of working capital
content:
14. For the purpose of enabling the Corporation to carry out its functions and to defray expenditure properly chargeable to capital account, including defraying initial expenses, and for the provision of working capital, the Minister may authorise payment to the Corporation of such sums as the Minister may determine. [12


document_id: sdca-1972
provision_ref: s15
chapter: PART 4 - FINANCIAL PROVISIONS
section: 15
title: Issue of shares, etc.
content:
15. As a consequence of the vesting of — ( a ) any property, rights or liabilities of the Government in the Corporation under this Act; or ( b ) any capital injection or other investment by the Government in the Corporation in accordance with any written law, the Corporation must issue such shares or other securities to the Minister for Finance as that Minister may direct. [12A [5/2002]


document_id: sdca-1972
provision_ref: s16
chapter: PART 4 - FINANCIAL PROVISIONS
section: 16
title: Power of investment
content:
16. The Corporation may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [13 [45/2004]


document_id: sdca-1972
provision_ref: s17
chapter: PART 4 - FINANCIAL PROVISIONS
section: 17
title: Bank accounts
content:
17. —(1) The Corporation may open at any bank or banks, or at any branch or agency of such banks, such accounts as it considers necessary or desirable for the exercise of its functions and powers. (2) Every account under this section must be operated upon by cheque signed by such person authorised to do so by the Corporation. [14


document_id: sdca-1972
provision_ref: s18
chapter: PART 4 - FINANCIAL PROVISIONS
section: 18
title: Application of profits of Corporation
content:
18. The Minister may, after consultation with the Corporation, give directions to the Corporation as to the manner in which its profits are to be applied.


document_id: sdca-1972
provision_ref: s19
chapter: PART 5 - RESORT AREA
section: 19
title: Interpretation of this Part
content:
19. —(1) In this Part, unless the context otherwise requires — “immovable property” means any land, premises, building or tenement; “maintenance fund” means the maintenance fund established under section 23; “owner”, in relation to any immovable property, means the person for the time being receiving the rent for the immovable property, whether on the person’s own account or as agent or trustee for any other person or as receiver, or who would receive the rent if it were let to a tenant, and includes the person whose name is or will be entered in the Valuation List maintained by the Comptroller of Property Tax under the Property Tax Act 1960 as the owner of the immovable property; “resort area” means all that part of Sentosa which is designated by the Corporation, from time to time by notice in the Gazette , as the resort area for the purposes of this Part. (2) For the purposes of this Part — ( a ) each part of a building divided laterally or horizontally into parts in such a manner that the owner, either solely or jointly with other owners, of one part is not also the owner, either solely or jointly with the other owners respectively of any other part, is deemed to be a building; ( b ) each part of a partially completed building, divided laterally or horizontally into parts, is deemed to be a building. [18A


document_id: sdca-1972
provision_ref: s20
chapter: PART 5 - RESORT AREA
section: 20
title: Certain building works not to be carried out without permit
content:
20. —(1) A person must not commence or carry out, or permit or authorise the commencement or carrying out of, any building works affecting or changing the faҫade or external appearance of any building in the resort area unless there is in force a permit granted by the Corporation for carrying out the building works. (2) The Corporation may refuse to grant any such permit. (3) In granting any permit under this section, the Corporation may impose any conditions that it thinks fit. (4) Where any person fails to comply with any condition imposed by the Corporation, the Corporation may cancel the permit in relation to which the condition that the person failed to comply with was imposed. (5) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during which the offence continues after conviction. [18B


document_id: sdca-1972
provision_ref: s21
chapter: PART 5 - RESORT AREA
section: 21
title: Marine facility not to be constructed or altered without permit
content:
21. —(1) A person must not construct or alter, or permit or authorise the construction or alteration of, any marine facility in the resort area unless there is in force a permit granted by the Corporation for the construction or alteration of the marine facility. (2) The Corporation may refuse to grant any such permit. (3) In granting any permit under this section, the Corporation may impose any conditions that it thinks fit. (4) Where any person fails to comply with any condition imposed by the Corporation, the Corporation may cancel the permit in relation to which the condition that the person failed to comply with was imposed. (5) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during which the offence continues after conviction. [18C


document_id: sdca-1972
provision_ref: s22
chapter: PART 5 - RESORT AREA
section: 22
title: Order for cessation of building works, etc.
content:
22. —(1) Where in the opinion of the Corporation any building works are or have been carried out, or any marine facility has been constructed or altered, in contravention of the provisions of this Part or any regulations made under this Act, the Corporation may by order in writing require — ( a ) the cessation of the building works until the order is withdrawn; ( b ) the demolition of the marine facility; or ( c ) such work or alteration to the building or marine facility to be carried out as may be necessary to cause the same to comply with the provisions of this Part or otherwise to put an end to the contravention. (2) In every case, the order must specify all or any of the following: ( a ) the manner in which the demolition, work or alteration specified in the order is to be carried out; ( b ) the time within which the demolition, work or alteration must commence; ( c ) the time within which the demolition, work or alteration must be completed; ( d ) that the demolition, work or alteration must be carried out with due diligence to the satisfaction of the Corporation. (3) An order made under subsection (1) must be served — ( a ) where a building or marine facility has been erected, on the owner or occupier of the building or marine facility; or ( b ) where building works are being carried out, on the person for whom the works are carried out or the builder carrying out the building works. (4) If an order made under subsection (1) is not complied with, the Corporation may — ( a ) demolish, remove or alter, or cause to be demolished, removed or altered, such building or marine facility or take such other steps as appear to the Corporation to be necessary; and ( b ) recover all expenses reasonably incurred by the Corporation in the exercise of its powers under this section from the person in default. (5) Without affecting the right of the Corporation to exercise its powers under subsection (4), if any person on whom an order made under subsection (1) is served fails to comply with the order, that 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 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during which the offence continues after conviction. (6) The Corporation may seize any materials resulting from the carrying out of any work under subsection (4). [18D


document_id: sdca-1972
provision_ref: s23
chapter: PART 5 - RESORT AREA
section: 23
title: Establishment of maintenance fund for resort area
content:
23. —(1) The Corporation must establish a maintenance fund for the purposes of managing and maintaining the resort area and of providing and maintaining the infrastructure and other facilities and services for the use of persons living and working in the resort area. (2) The maintenance fund must be under the direction and control of the Corporation. (3) All moneys received by the Corporation by virtue of section 24 must be paid into the maintenance fund and all expenditure and other expenses incurred by the Corporation for managing and maintaining the resort area and for providing and maintaining the infrastructure and other facilities and services for persons living and working in the resort area must be charged to the maintenance fund. (4) All moneys in the maintenance fund that are not immediately required may be placed on time deposits with banks or invested in such securities as trustees may by written law be authorised to invest. (5) Nothing in this section is to be construed as imposing an obligation on the Corporation to maintain any immovable property in the resort area that is privately owned. [18E


document_id: sdca-1972
provision_ref: s24
chapter: PART 5 - RESORT AREA
section: 24
title: Contributions payable by property owners
content:
24. —(1) As from 1 November 1996, the Corporation may in each month levy a contribution at the prescribed rates in respect of all immovable properties in the resort area and different rates may be prescribed for different types or classes of immovable properties. (2) The contributions levied under subsection (1) are payable by the owners of the immovable properties quarterly in advance, without demand to the Corporation at such dates as may be prescribed. (3) The contributions levied under subsection (1) — ( a ) are payable in addition to any property tax levied under the Property Tax Act 1960; ( b ) become due and payable to the Corporation without any deduction whatsoever and may be recovered as a debt due to the Corporation in any court of competent jurisdiction; and ( c ) if not paid within 30 days when they became due and payable, bear interest at the prescribed rates. (4) In respect of any contributions levied under subsection (1) and the interest thereon, the owner of the immovable property is liable, jointly and severally with any person who was liable to pay the same when the contributions became due and payable, to pay the charges and interest to the Corporation. (5) A person who has ceased to be the owner of the immovable property is only liable to pay — ( a ) the contributions which were unpaid at the time the person ceased to be the owner of the immovable property; and ( b ) the interest accruing on the unpaid contributions until the time they are paid. (6) Without affecting the liability of the owner of an immovable property in respect of any contributions levied under this section, where a mortgagee is in possession (whether by the mortgagee or any other person) of the immovable property, the mortgagee is liable jointly and severally with the owner of the immovable property for any contributions levied on the immovable property under this section. [18F


document_id: sdca-1972
provision_ref: s25
chapter: PART 5 - RESORT AREA
section: 25
title: Recovery of contributions from sale of immovable property
content:
25. —(1) Where any contributions and interest thereon levied under section 24 remain unpaid at the end of 90 days after the Corporation has served on the owner of the immovable property a written demand for the payment of the contributions, the contributions and any interest accrued thereon constitute a charge on the immovable property upon lodgment of an instrument of charge by the Corporation with, and the registration of the instrument by, the Registrar. (2) Upon registration of the instrument of charge by the Registrar — ( a ) the Corporation has, subject to subsection (3), the power of sale and all other powers relating or incidental to that power as if the Corporation were a registered mortgagee; and ( b ) the contributions and interest owing to the Corporation are subject to all statutory charges of any public authority over the immovable property and to all encumbrances registered or notified prior to the date of lodgment of that instrument of charge, except that where a prior registered mortgagee or chargee has sold the immovable property in exercise of the mortgagee’s or chargee’s power of sale, the registered charge of the estate or interest of the immovable property when transferred to a purchaser by the mortgagee or chargee must not be overreached by the exercise of the power of sale by the mortgagee or chargee of a prior registered mortgage or charge. (3) The Corporation must not exercise its power of sale under subsection (2)( a ) unless — ( a ) a resolution has been passed by the Corporation to have the immovable property sold; ( b ) a notice of the intended sale approved by the Registrar has been published once in one or more daily newspapers, as may be determined by the Registrar; ( c ) during the period of 6 weeks after the date of the publication specified in paragraph ( b ) no payment has been received for the contributions due including interest thereon and for the cost of publication as well as any other necessary incidental charges; and ( d ) there is no legal action pending in court to restrain the Corporation from proceeding with the sale. (4) Where a transfer of any immovable property has been made by the Corporation in the exercise of its power of sale conferred by this section and the transfer is lodged with the Registrar for registration — ( a ) the Registrar must not accept the transfer for registration unless the following documents are lodged at the same time: (i) a certified true copy of the resolution of the Corporation authorising the exercise of its power of sale with the seal of the Corporation affixed thereto and authenticated in accordance with section 3(6); (ii) a copy of every publication containing the notice mentioned in subsection (3)( b ); (iii) a statutory declaration made by the Chief Executive stating that the unpaid contributions and interest thereon and all necessary incidental costs and expenses owing to the Corporation as of the date of the contract of sale of the immovable property have not been paid and that there is no legal action pending in court to restrain the Corporation from proceeding with the sale of the immovable property; and ( b ) neither the person who purchased the immovable property from the Corporation nor the Registrar must inquire into the regularity or validity of the sale or transfer. (5) Where an instrument of charge has been registered against any immovable property under this section, the owner of the immovable property is, upon payment of the amount of contributions and interest and any necessary incidental charges owing to the Corporation before it has exercised its power of sale conferred by this section, entitled to an instrument of discharge executed and acknowledged by the Corporation as to the receipt of the payment. (6) Upon registration of the instrument of discharge or, in the event of the Corporation refusing to execute a discharge, an order of court declaring that the immovable property is to be discharged from the charge, the immovable property is freed from the charge constituted under this section. (7) For the purpose of the registration of a charge, discharge or transfer under this section, the Registrar may dispense with the production of the relevant duplicate certificate of title. (8) Despite section 74 of the Land Titles Act 1993 and section 16 of the Registration of Deeds Act 1988, where further contributions are due to be paid to the Corporation after the instrument of charge has been registered under this section, the contributions due, including interest thereon, rank in priority to any other claims as if the contributions and interest were owing to the Corporation at the date of the registration of the charge. (9) A charge under subsection (2) continues in force until all contributions including interest thereon secured by the charge have been paid. (10) This section does not affect any rights and powers of the Corporation to recover the contributions and interest owing to the Corporation, including any legal costs and incidental charges necessarily incurred for the recovery of those contributions, in respect of any immovable property as a debt from the owner of, or the owner’s successor in title to, the property. (11) In this section — “public authority” means the Government, the Collector of Land Revenue, the Comptroller of Property Tax and any other person, corporation or body, authorised or empowered by any written law to attach, sell or acquire land compulsorily; “Registrar” means the Registrar of Titles appointed under the Land Titles Act 1993. [18G


document_id: sdca-1972
provision_ref: s26
chapter: PART 6 - VESSELS AND NAVIGATION
section: 26
title: Appointment of Marina Superintendent and Deputy and Assistant Marina Superintendents
content:
26. —(1) The Corporation may appoint a Marina Superintendent and any number of Deputy and Assistant Marina Superintendents as may be necessary for the purpose of administering and carrying out the provisions of this Part. (2) Whenever, by the provisions of this Part, a power is granted to or a duty imposed upon the Corporation, the power may be exercised or duty performed by the Marina Superintendent or a Deputy or an Assistant Marina Superintendent. [18H


document_id: sdca-1972
provision_ref: s27
chapter: PART 6 - VESSELS AND NAVIGATION
section: 27
title: General rules for navigation
content:
27. A master who navigates a vessel in the waters or waterways of Sentosa — ( a ) without due care and attention; or ( b ) in a manner liable to injure or endanger persons, other vessels, the marine facilities in Sentosa or any structure or installation in Sentosa, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [18I


document_id: sdca-1972
provision_ref: s28
chapter: PART 6 - VESSELS AND NAVIGATION
section: 28
title: Vessel adrift
content:
28. —(1) The owner or master of a vessel adrift in the waters and waterways of Sentosa shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. (2) It is a defence for the owner or master of a vessel charged with an offence under subsection (1) to prove that the vessel did not become adrift as the result of any neglect or default on the part of the owner or master. [18J


document_id: sdca-1972
provision_ref: s29
chapter: PART 6 - VESSELS AND NAVIGATION
section: 29
title: Control of embankments, etc.
content:
29. The Corporation is vested with authority over and control of all embankments, revetments, floats, wharves, docks and marine facilities in the waters and waterways of Sentosa whether or not they are owned, leased, controlled, constructed or maintained by the Corporation. [18K


document_id: sdca-1972
provision_ref: s30
chapter: PART 6 - VESSELS AND NAVIGATION
section: 30
title: Control of navigation
content:
30. —(1) The Corporation is vested with authority over, and control of navigation and the use of, vessels in the waters and waterways of Sentosa and may give general directions for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation in the waters and waterways of Sentosa and, in particular, for any of the following purposes: ( a ) for designating waterways in Sentosa which vessels are to use or refrain from using for movement or mooring; ( b ) for securing that vessels move only at certain times or during certain periods; ( c ) for prohibiting — (i) entry into or movement in the waters and waterways of Sentosa by vessels at times of poor visibility due to the weather or other matters; and (ii) entry into the waters and waterways of Sentosa by a vessel which for any reason would be, or be likely to become, a danger to other vessels in the waterways; ( d ) for the movement, berthing or mooring of a vessel; ( e ) for the removal of any vessel from the waters and waterways of Sentosa if — (i) it is on fire; (ii) it is in a condition where it is liable to be immobilised or waterlogged, or to sink; or (iii) it is making an unlawful or improper use of the waters and waterways of Sentosa; ( f ) requiring the master of a vessel to give to the Marina Superintendent information relating to the vessel reasonably required by the Marina Superintendent in order to effect the objects of this subsection. (2) A direction given under subsection (1) may apply — ( a ) to all vessels or to a class of vessels designated, or the designation of which is provided for, in the direction; ( b ) to all or some of the waters and waterways of Sentosa or to the parts of the waters and waterways designated in the direction; and ( c ) at all times or at times designated in the direction. (3) The Corporation may revoke or amend any direction given under this section. (4) Directions given by the Corporation under this section must, as soon as practicable after they have been made, be published in the Gazette . [18L


document_id: sdca-1972
provision_ref: s31
chapter: PART 6 - VESSELS AND NAVIGATION
section: 31
title: Special directions to vessels
content:
31. The Marina Superintendent may at any time give direction to a vessel anywhere in the waters or waterways of Sentosa — ( a ) requiring the vessel to comply with the requirement made in or under a general direction; ( b ) regulating or requiring the movement, mooring or unmooring of a vessel; and ( c ) regulating the manner in which a vessel takes in or discharges fuel, water or ship’s stores. [18M


document_id: sdca-1972
provision_ref: s32
chapter: PART 6 - VESSELS AND NAVIGATION
section: 32
title: Master’s responsibility to be unaffected
content:
32. The giving of a general or special direction does not diminish or in any other way affect the responsibility of the master of a vessel to which the direction is given in relation to the vessel, persons on board the vessel or any other person or property. [18N


document_id: sdca-1972
provision_ref: s33
chapter: PART 6 - VESSELS AND NAVIGATION
section: 33
title: Failure to comply with directions
content:
33. —(1) The master of a vessel who fails to comply with a general or special direction shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. (2) It is a defence for a person charged with an offence under subsection (1) to prove that he or she had reasonable ground for supposing that compliance with the direction in question would be likely to imperil the vessel or that in the circumstances compliance was impracticable. [18O


document_id: sdca-1972
provision_ref: s34
chapter: PART 6 - VESSELS AND NAVIGATION
section: 34
title: Enforcement of directions
content:
34. —(1) Without affecting any other remedy available to the Corporation, if a direction is not complied with within a reasonable time, the Marina Superintendent may, where applicable, put persons aboard the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction. (2) If there is no one on board a vessel to attend to a direction, the Marina Superintendent may proceed as if the direction had been given and not complied with. (3) Expenses incurred by the Corporation in the exercise of the powers conferred by subsection (1) are recoverable by the Corporation as if they were a charge of the Corporation in respect of the vessel. [18P


document_id: sdca-1972
provision_ref: s35
chapter: PART 7 - GENERAL
section: 35
title: Appointment of committees and delegation of powers
content:
35. —(1) The Corporation may appoint from among its own members or other persons who are not members of the Corporation any number of committees as it thinks fit for purposes which, in the opinion of the Corporation, would be better regulated and managed by means of those committees. (2) The Corporation may, subject to any conditions or restrictions that it thinks fit, delegate to any such committee any of the powers, functions and duties of the Corporation, except the power to borrow money, and any power, function or duty so delegated may be exercised or performed by the committee in the name and on behalf of the Corporation. (3) The Corporation may, subject to any conditions or restrictions that it thinks fit, delegate to any member, officer or employee any of the powers, functions and duties of the Corporation, except the power to borrow money, and any power, function or duty so delegated may be exercised or performed by the member, officer or employee in the name and on behalf of the Corporation. [19


document_id: sdca-1972
provision_ref: s36
chapter: PART 7 - GENERAL
section: 36
title: Advisory and technical committees
content:
36. —(1) The Corporation may appoint any advisory, professional or technical committees that it thinks fit to advise the Corporation on such matters within the scope of its functions as are referred to those committees by the Corporation. (2) Any person may be appointed to be a member of any such committee even though the person is not a member, officer or employee of the Corporation. [20


document_id: sdca-1972
provision_ref: s37
chapter: PART 7 - GENERAL
section: 37
title: Contracts of Corporation
content:
37. —(1) Any contract, which if made between private persons would be required to be in writing under seal, must if made by the Corporation be in writing under the seal of the Corporation. (2) Any contract, which if made between private persons would be required to be in writing signed by the parties to be charged therewith, must if made by the Corporation be either — ( a ) in writing under the seal of the Corporation; or ( b ) in writing signed by the Chief Executive on behalf of and by direction of the Corporation or signed by any other person on behalf of and pursuant to the authority of the Corporation. (3) Any contract, which if made between private persons would be valid although made orally, may be similarly made on behalf of the Corporation by the Chief Executive acting by direction of the Corporation or by any other person pursuant to the authority of the Corporation, but no oral contract may be made involving payment by the Corporation of a sum exceeding $500. [21


document_id: sdca-1972
provision_ref: s38
chapter: PART 7 - GENERAL
section: 38
title: Composition of offences
content:
38. —(1) The Corporation may compound any offence under this Act or any regulations made under this Act by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $500. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. [22


document_id: sdca-1972
provision_ref: s39
chapter: PART 7 - GENERAL
section: 39
title: Saving of prosecution under other written law
content:
39. Nothing in this Act prevents any person from being prosecuted under any other written law for any act, omission, neglect or default which constitutes an offence under this Act or any regulations made under this Act, or from being liable under that other written law to any punishment or penalty, higher or other than that provided by this Act or any regulations made under this Act except that no person shall be punished twice for the same offence. [23


document_id: sdca-1972
provision_ref: s40
chapter: PART 7 - GENERAL
section: 40
title: Regulations
content:
40. —(1) The Minister may, after consultation with the Corporation, make regulations that the Minister may consider necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof including, in particular, regulations for or with respect to — ( a ) the control, administration and management of lands and other properties vested in, leased to, acquired by, managed or controlled by the Corporation; ( b ) the use and enjoyment of those lands and other properties; ( c ) the prevention of trespassing on any of those lands and other properties and the removal of trespassers or other persons causing annoyance or inconvenience upon or in those lands and other properties; ( d ) the preservation and protection of and prevention of damage to any animals, birds, fish or other fauna and trees and plants of any kind on or in any of those lands; ( e ) the prescribing and imposition of charges or entrance fees for persons using or entering upon those lands or other properties or any specified parts thereof, the prescribing of any deposit or security as the Corporation considers fit for the payment of those charges or fees and the collection and receipt of those charges and fees by the Corporation or by other persons; ( f ) the prohibition, prevention, removal and disposal of any obstruction or impediment in those lands and other property; ( g ) the regulation of traffic, movement and parking of vehicles in Sentosa; ( h ) the enforcement and regulation of the use of lights, signals and fires by vessels navigating in the waters and waterways of Sentosa; ( i ) the supervision, regulation and control of traffic, navigation and mooring of vessels and any other activities carried on within the waters and waterways of Sentosa; ( j ) the regulation, maintenance, use and enjoyment of all marine facilities; ( k ) the prohibition, prevention, removal or rectification of any pollution of the waters and waterways of Sentosa; and ( l ) the collection, receipt, custody, issue, expenditure, due accounting for, care and management of the contributions received under Part 5. (2) Such regulations may impose a penalty not exceeding $2,000 for any breach thereof. (3) All fines recovered under this Act and any regulations made under this Act and moneys received for the composition of offences must be paid into and form part of the general funds of the Corporation. [24


document_id: sdca-1972
provision_ref: s41
chapter: PART 7 - GENERAL
section: 41
title: Transfer to Corporation of property, assets and liabilities
content:
41. —(1) As from 1 September 1972, all movable and immovable property in Sentosa and every right and interest therein that immediately before that date was vested in or held on behalf of the Government are transferred to and vest in the Corporation without further assurance, subject to any terms and conditions that the Minister may determine. (2) All contracts, agreements and undertakings made by the Government or a statutory body for the purpose of the development of Sentosa and existing immediately before 1 September 1972 have effect, unless the Minister otherwise by order provides, as contracts, agreements and undertakings by and with the Corporation and may be enforced by and against the Corporation accordingly. (3) Any proceeding or cause of action pending immediately before 1 September 1972 by or against the Government or a statutory body in respect of any property, contract, agreement or undertaking transferred to the Corporation under this section may be continued and enforced by or against the Corporation as it might have been by or against the Government or the statutory body had this Act not been enacted. [25


document_id: sdla-1979
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Agency” means the SkillsFuture Singapore Agency established by section 3 of the SkillsFuture Singapore Agency Act 2016; “authorised person” means an authorised person appointed by the Agency under section 14A(1); [Act 4 of 2023 wef 15/06/2023] “company” — ( a ) has the meaning given by section 4(1) of the Companies Act 1967; and ( b ) includes a foreign company within the meaning of that Act; “document” means any thing (in whatever form) in which information or material of any description is recorded or stored, and includes any tape, disk or other storage device or medium; [Act 4 of 2023 wef 15/06/2023] “employee”, in relation to a month, means an employee rendering in that month services wholly or partly in Singapore and an employee who is on leave during that month where such leave is attributable to services rendered wholly or partly in Singapore in any previous month, but does not include any domestic servant, gardener or chauffeur, wholly and exclusively employed by an individual otherwise than in connection with his or her trade, business, profession or vocation; “employer” means any person who pays or is liable to pay any wages to an employee; [Act 4 of 2023 wef 15/06/2023] “Fund” means the Skills Development Fund established under section 5; “inspector” means an inspector appointed by the Agency under section 14A(2); [Act 4 of 2023 wef 15/06/2023] [ Deleted by Act 4 of 2023 wef 15/06/2023 ] “skills development levy” or “levy” means skills development levy imposed by this Act; “statutory authority” means a body corporate established or constituted by or under a public Act to perform or discharge a public function, but excludes a Town Council constituted under the Town Councils Act 1988; [Act 4 of 2023 wef 15/06/2023] “sub-fund”, “umbrella VCC” and “variable capital company” have the meanings given by section 2(1) of the VCC Act; “VCC Act” means the Variable Capital Companies Act 2018; [24/2016; S 461/2020] [Act 4 of 2023 wef 15/06/2023] “wages” means the remuneration in money, including any bonus, due or granted to a person in respect of the person’s employment but does not include such payments as the Minister may, by notification in the Gazette , specify. [Act 4 of 2023 wef 15/06/2023]


document_id: sdla-1979
provision_ref: s3
chapter: PART 2 - SKILLS DEVELOPMENT LEVY
section: 3
title: Imposition of levy
content:
3. —(1) Subject to the provisions of this Act, every employer must, in respect of each of the employer’s employees, pay a skills development levy of the greater of the following amounts: ( a ) subject to subsection (2), an amount calculated at the rate of 0.25% of the wages in any month of that employee or such rate as the Minister may, by notification in the Gazette , prescribe; [Act 4 of 2023 wef 15/06/2023] ( b ) $2. (2) For the purpose of subsection (1)( a ), the levy is not chargeable on the part of the wages of the employee in any month that exceeds $4,500 or such other amount as the Minister may, by notification in the Gazette , prescribe. [Act 4 of 2023 wef 15/06/2023] (3) The levy must be collected and paid in respect of the month of October 1979 and every subsequent month. (4) Without prejudice to any other remedy, the levy may be recovered as a debt due to the Agency from the person accountable for the levy.


document_id: sdla-1979
provision_ref: s4
chapter: PART 2 - SKILLS DEVELOPMENT LEVY
section: 4
title: Exemption from levy
content:
4. The Minister may by order — ( a ) exempt wholly or partly any employer or class of employers from skills development levy in such circumstances and subject to such conditions as may be specified in the order; and ( b ) provide that the charge and collection of skills development levy do not have effect for such period as may be specified in the order, if the Minister considers it expedient in the public interest to do so.


document_id: sdla-1979
provision_ref: s5
chapter: PART 3 - SKILLS DEVELOPMENT FUND
section: 5
title: Establishment of Fund
content:
5. —(1) On 1 October 1979, a Fund called the Skills Development Fund is established. (2) The Fund consists of — ( a ) the proceeds of the skills development levy collected under this Act; ( b ) all penalties and costs recovered from proceedings under this Act; [Act 4 of 2023 wef 15/06/2023] ( ba ) all moneys recovered by the Agency pursuant to an order of a court under section 57D or 58 of the SkillsFuture Singapore Agency Act 2016, that relate to the whole or the proportion of an incentive, a grant or a loan out of moneys in the Fund; [Act 4 of 2023 wef 15/06/2023] ( c ) all moneys contributed by the Government to the Fund under section 6, all contributions to the SkillsFuture Jubilee Fund established by the Government, and such other contributions to the Fund as the Minister may specify from moneys provided by Parliament; [Act 4 of 2023 wef 15/06/2023] ( d ) all donations and gifts accepted by the Agency for the Fund; ( e ) all honorariums and other payments accepted by the Agency for any services rendered by the Agency in connection with the performance of its functions under this Act; and ( f ) any interest, dividends and other income derived from the investment of moneys in the Fund. [24/2016]


document_id: sdla-1979
provision_ref: s6
chapter: PART 3 - SKILLS DEVELOPMENT FUND
section: 6
title: Government to contribute to Fund
content:
6. The Government must contribute monthly to the Fund an amount equal to the amount of levy which would be chargeable in any month on an employer in respect of each employee employed by the Government as if that employee were employed by a private person.


document_id: sdla-1979
provision_ref: s7
chapter: PART 3 - SKILLS DEVELOPMENT FUND
section: 7
title: Objects of Fund and expenditure of moneys of Fund
content:
7. —(1) The objects for which moneys of the Fund may be applied are as follows: ( a ) the promotion, development and upgrading of skills and expertise of persons preparing to join the workforce, persons in the workforce and persons rejoining the workforce; ( b ) the retraining of retrenched persons; ( c ) the provision of financial assistance by grants, loans or otherwise for the purposes of the abovementioned objects. (2) In carrying out the objects of the Fund, the Agency may from time to time authorise moneys of the Fund to be paid out and expended for all or any of the following purposes: ( a ) for establishing or expanding facilities or assisting in the maintenance of facilities for full-time or part-time training courses and training programmes designed to promote the skills or expertise of persons preparing to join the workforce, persons in the workforce and persons rejoining the workforce; ( b ) for the provision of grants or loans to any employer for equipment required for more sophisticated or skilled operations in the conduct of the employer’s business; ( c ) for defraying or subsidising the costs incurred by the Agency or by any employer or training institution in the training or retraining of persons preparing to join the workforce, persons in the workforce and persons rejoining the workforce to acquire better skills or expertise; ( d ) for such other purposes, not inconsistent with the objects of the Fund, as the Minister may approve.


document_id: sdla-1979
provision_ref: s8
chapter: PART 3 - SKILLS DEVELOPMENT FUND
section: 8
title: Transfer to Agency of moneys in Fund and administration of Fund
content:
8. —(1) The Agency must administer the Fund in accordance with the provisions of this Act and must collect the skills development levy and disburse incentives, grants and loans out of moneys in the Fund for the purposes of this Act. [Act 4 of 2023 wef 15/06/2023] (2) The Agency has power to do all things necessary or convenient to be done for or in connection with the performance of its functions under this Act.


document_id: sdla-1979
provision_ref: s9
chapter: PART 3 - SKILLS DEVELOPMENT FUND
section: 9
title: Delegation of functions of Agency and reimbursement
content:
9. —(1) The Agency may appoint such agents (including the Government) as may be necessary for the purposes of this Act. (2) The Agency may delegate all or any of its powers and functions under this Act to any employee or agent (including the Government) as it may appoint under subsection (1). (3) The Agency may pay to any person appointed under subsection (1) a fee for any services rendered in exercise of any powers and functions delegated to that person under this Act. (4) The Agency may use moneys from the Fund for all expenses incurred by the Agency for the purposes of this Act.


document_id: sdla-1979
provision_ref: s10
chapter: PART 3 - SKILLS DEVELOPMENT FUND
section: 10
title: Investment
content:
10. The Agency may invest the moneys belonging to the Fund and available for investment in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.


document_id: sdla-1979
provision_ref: s11
chapter: PART 4 - OFFENCES AND ENFORCEMENT POWERS
section: 11
title: Penalty for false return or information
content:
11. —(1) Any person who negligently or without reasonable excuse — ( a ) makes a return which is false in any material particular; or ( b ) gives any false information in relation to any matter affecting the person’s or any other person’s liability to pay the levy, shall be guilty of an offence and shall be liable on conviction to a penalty equal to the amount of the levy due and unpaid and to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both. (2) Any person who wilfully with intent to evade payment of the levy or to aid or abet any other person to evade payment of the levy — ( a ) omits from a form or return any wages which ought to be included; [Act 4 of 2023 wef 15/06/2023] ( b ) gives any false answer, whether verbally or in writing, to any question or request for information asked or made under this Act or any regulations made under this Act; or ( c ) prepares or maintains or authorises the preparation or maintenance of any false books of account or other records or falsifies or authorises the falsification of any books of account or records, shall be guilty of an offence and shall be liable on conviction to a penalty equal to double the amount of the levy due and unpaid and to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both. (3) For the purposes of this section, where it is proved that any false statement is made in any return by or on behalf of any employer, or in any payroll register, books of account or other records maintained by or on behalf of any employer, that employer, or person answerable for the employer, is presumed, until the contrary is proved, to have made that false statement with intent to evade payment of the levy. (4) For the purposes of this section, “levy due and unpaid” means the levy that is due and unpaid at the time when the offence is committed. (5) The institution of proceedings for or the imposition of a penalty, fine or term of imprisonment under this section shall not relieve any employer from liability to pay any levy for which the employer is or may be liable. 12. [Repealed by Act 4 of 2023 wef 15/06/2023] 13. [Repealed by Act 4 of 2023 wef 15/06/2023]


document_id: sdla-1979
provision_ref: s14
chapter: PART 4 - OFFENCES AND ENFORCEMENT POWERS
section: 14
title: Offences by body corporate, etc.
content:
14. Where an offence under this Act or any regulations made under this Act has been committed by any body corporate, partnership, society or other unincorporated association of persons, any person who at the time of the commission of the offence was a director, manager, partner, secretary or other similar officer thereof, or was purporting to act in any such capacity shall be guilty of that offence unless the person proves that — ( a ) the offence was committed without the person’s consent or connivance; and ( b ) the person had exercised all such diligence to prevent the commission of the offence as the person ought to have exercised having regard to the nature of the person’s functions in that capacity and to all the circumstances.


document_id: sdla-1979
provision_ref: s14A
chapter: PART 4 - OFFENCES AND ENFORCEMENT POWERS
section: 14A
title: Appointment of authorised persons and inspectors
content:
14A. —(1) The Agency may appoint an employee or agent of the Agency, a public officer or an officer of another statutory authority or any other suitably qualified individual to be an authorised person for the purposes of section 15. (2) The Agency may appoint any of its officers or employees to be an inspector for the purposes of this Act. (3) The Agency must issue to every authorised person and inspector an identification card that identifies him or her as an authorised person or inspector, as the case may be. (4) An authorised person or inspector must produce his or her identification card for inspection — ( a ) before exercising a power conferred on him or her by this Act; and ( b ) at any time during the exercise of a power conferred on him or her by this Act, if asked to do so. [Act 4 of 2023 wef 15/06/2023]


document_id: sdla-1979
provision_ref: s15
chapter: PART 4 - OFFENCES AND ENFORCEMENT POWERS
section: 15
title: Powers to verify information and call for returns
content:
15. —(1) The powers under this section may be exercised only for the purpose of inquiring into or ascertaining the liability of a person to pay the levy, or whether the levy has been duly paid. [Act 4 of 2023 wef 15/06/2023] (2) An authorised person may, at any reasonable time, do any of the following, without involving any search of any property or person: ( a ) enter any premises; ( b ) photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises; ( c ) require any person in the premises to provide or grant access to, without charge, any document or information reasonably required for any purpose in subsection (1); [Act 4 of 2023 wef 15/06/2023] ( d ) inspect and make copies of or take extracts from any such document; ( e ) take possession of such a document if, in the opinion of the authorised person — (i) the inspection or copying of or extraction from the document cannot reasonably be performed without taking possession; (ii) the document may be interfered with or destroyed unless possession is taken; or (iii) the document may be required as evidence in any proceedings instituted or commenced for any of the purposes of, or in connection with, this Act or any regulations made under this Act; [Act 4 of 2023 wef 15/06/2023] ( f ) require any person to provide, within the time specified in the notice, any information that may be required, or to complete and deliver any return specified. [24/2016] [Act 4 of 2023 wef 15/06/2023] [Act 4 of 2023 wef 15/06/2023] (3) The power to require a person to provide any document or information under subsection (2)( c ) includes the power — ( a ) to require the person, or any person who is or was an officer or employee of that person, to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require the person to state, to the best of the person’s knowledge and belief, where it is; and [Act 4 of 2023 wef 15/06/2023] ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the authorised person in legible form. [24/2016] [Act 4 of 2023 wef 15/06/2023] [Act 4 of 2023 wef 15/06/2023] (4) If any document is kept in electronic form, the power of an authorised person who is an employee of the Agency, a public officer or an officer of another statutory authority — ( a ) to inspect and make copies of or take extracts from any document under subsection (2)( d ) includes the power to — (i) access any computer or other equipment (including a mobile telephone, thumb drive or hard disk) in which the document is stored; and (ii) require any person having charge of, or otherwise concerned with the operation of, the computer or other equipment to provide assistance in gaining such access; and ( b ) to take possession of the document under subsection (2)( e ) includes the power to — (i) make copies of or take extracts from the document in legible or electronic form; and (ii) transfer the information from the document to a thumb drive, hard disk, tape or other storage device. [Act 4 of 2023 wef 15/06/2023]


document_id: sdla-1979
provision_ref: s15A
chapter: PART 4 - OFFENCES AND ENFORCEMENT POWERS
section: 15A
title: Powers of inspectors
content:
15A. —(1) An inspector may, for the purpose of investigating an offence under this Act or any regulations made under this Act, exercise all or any of the following powers: ( a ) the powers conferred on an authorised person under section 15(2), (3) and (4) as if a reference to an authorised person in those provisions were a reference to an inspector; ( b ) the powers under subsection (2). (2) An inspector may — ( a ) require any person whom the inspector reasonably believes to have committed the offence to provide evidence of the person’s identity; ( b ) require, by written order, the attendance before the inspector of any person within the limits of Singapore who, from any information given or otherwise obtained by the inspector, appears to be acquainted with the circumstances of the case; ( c ) examine orally any person reasonably believed to be acquainted with the facts or circumstances of the case or with such other matter as the inspector may specify, and reduce to writing the answer given or statement made by that person; ( d ) without charge, search for, seize and remove any document (subject to paragraph ( e ) in relation to a document kept in electronic form) or thing from any premises, as the inspector may consider necessary; and ( e ) if the inspector is unable to make copies of or take extracts from any document, or transfer the information from any document, in exercise of the powers under section 15(4)( b ) — (i) seize the computer or other equipment (including a mobile telephone, thumb drive or hard disk) in which the document is stored, as evidence in proceedings for an offence mentioned in subsection (1); and (ii) require any person having charge of, or otherwise concerned with the operation of, the computer or other equipment to disclose any password or access code for gaining access to the document stored in the computer or other equipment. (3) Any person examined under this section is bound to state truly what the person knows of the facts and circumstances concerning matters under this Act or any regulations made under this Act, except that the person need not say anything that might expose him or her to a criminal charge, penalty or forfeiture. (4) A statement made by any person examined under this section must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted in a language that he or she understands; and ( d ) after correction (if necessary), be signed by the person. (5) This section applies in relation to any investigation into an offence under this Act (other than an offence under the repealed section 12) that commences on or after the date of commencement of section 9 of the Skills Development Levy (Amendment) Act 2023, whether the offence was committed before, on or after that date. (6) In subsection (5), “repealed section 12” means section 12 of this Act as in force immediately before the date of commencement of section 6 of the Skills Development Levy (Amendment) Act 2023. [Act 4 of 2023 wef 15/06/2023]


document_id: sdla-1979
provision_ref: s16
chapter: PART 4 - OFFENCES AND ENFORCEMENT POWERS
section: 16
title: Penalty for obstructing employee, officer, etc.
content:
16. —(1) A person must not — ( a ) obstruct or hinder an employee, an officer, an agent or a delegate of the Agency, an authorised person or an inspector, who is exercising any power or discharging any duty under this Act or any regulations made under this Act; or ( b ) neglect or refuse to attend before an inspector as required under section 15A, or otherwise fail to comply with a lawful demand of an inspector under section 15A. (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [Act 4 of 2023 wef 15/06/2023]


document_id: sdla-1979
provision_ref: s17
chapter: PART 4 - OFFENCES AND ENFORCEMENT POWERS
section: 17
title: Composition of offences
content:
17. —(1) The Agency may abate any penalty or compound any offence under this Act or any regulations made under this Act by accepting from the person who is reasonably suspected of having committed the offence a sum not exceeding $1,000. (2) All sums received for the composition of any offence under this section must be paid into the Consolidated Fund. [24/2016]


document_id: sdla-1979
provision_ref: s18
chapter: PART 4 - OFFENCES AND ENFORCEMENT POWERS
section: 18
title: Consent of Public Prosecutor
content:
18. No court is to try any offence under this Act or any regulations made under this Act except with the consent of the Public Prosecutor.


document_id: sdla-1979
provision_ref: s19
chapter: PART 5 - MISCELLANEOUS
section: 19
title: Directions by Minister
content:
19. The Minister may give to the Agency such directions, not inconsistent with this Act, as the Minister thinks fit as to the administration of the Fund and the Agency must give effect to such directions.


document_id: sdla-1979
provision_ref: s20
chapter: PART 5 - MISCELLANEOUS
section: 20
title: Financial provisions
content:
20. The financial provisions set out in the First Schedule apply to the Agency in relation to its administration of the Fund.


document_id: sdla-1979
provision_ref: s21
chapter: PART 5 - MISCELLANEOUS
section: 21
title: Annual report
content:
21. —(1) The Agency must, as soon as practicable after the end of each financial year, cause to be prepared and transmitted to the Minister an annual report dealing generally with its administration of the Fund during the preceding financial year and containing such information relating to the proceedings and policy of the Agency in relation to its administration of the Fund as the Minister may, from time to time, direct. (2) The annual report for any financial year must set out any directions given by the Minister under section 19 and must contain a report of any action taken by the Agency during that financial year consequent on the directions. (3) The Minister must as soon as practicable cause a copy of every such report to be presented to Parliament. (4) Despite subsection (1), the Minister may at any time request the Agency to provide the Minister with any information concerning any matter relating to the administration of the Fund by the Agency, and the Agency must provide the Minister with the information required, and give the Minister or the Minister’s representative all necessary facilities for the verification of the information required. [Act 4 of 2023 wef 15/06/2023] 22. [ Repealed by Act 24 of 2016 ] 23. [ Repealed by Act 24 of 2016 ]


document_id: sdla-1979
provision_ref: s24
chapter: PART 5 - MISCELLANEOUS
section: 24
title: Priority in case of bankruptcy or winding up
content:
24. —(1) In the distribution of property of a bankrupt or a person dying insolvent, there is to be included among the debts that, under section 352 of the Insolvency, Restructuring and Dissolution Act 2018, are to be paid in priority to all other debts the amount of any levy due from the bankrupt at the date of the bankruptcy order, or from the person so dying at the date of the person’s death, and having become due within 12 months before that date. [40/2018] (2) In the winding up of a company, there is to be included among the taxes that, under section 203 of the Insolvency, Restructuring and Dissolution Act 2018, are to be paid in priority to all other unsecured debts the amount of any levy due from the company and having become due within 12 months before the date of commencement of the winding up. [40/2018] (3) In the winding up of a variable capital company, there is to be included among the taxes that, under — ( a ) section 328 of the Companies Act 1967 as in force before it was repealed by the Insolvency, Restructuring and Dissolution Act 2018 (as applied by section 130 of the VCC Act as in force before the operative date); or ( b ) section 203 of the Insolvency, Restructuring and Dissolution Act 2018 (as applied by section 130 of the VCC Act as in force on the operative date), are to be paid in priority to all other unsecured debts the amount of any levy due from that variable capital company and that has become due within 12 months before the date of commencement of the winding up. [S 461/2020] (4) In the winding up of a sub‑fund of an umbrella VCC, there is to be included among the taxes that, under — ( a ) section 328 of the Companies Act 1967 as in force before it was repealed by the Insolvency, Restructuring and Dissolution Act 2018 (as applied by section 33(2) of the VCC Act read with the First Schedule to the VCC Act as in force before the operative date); or ( b ) section 203 of the Insolvency, Restructuring and Dissolution Act 2018 (as applied by section 33(2) of the VCC Act read with the First Schedule to the VCC Act as in force on the operative date), are to be paid in priority to all other unsecured debts the amount of any levy due from the umbrella VCC — ( c ) that is allocated to the sub‑fund by the umbrella VCC under section 29(3) of the VCC Act; and ( d ) that has become due within 12 months before the date of commencement of the winding up of the sub‑fund. [S 461/2020] (5) In this section, “operative date” means the date of commencement of sections 17( b ) to ( i ), 18 to 21, 29, 30, 43 to 48, 50 to 53, 56, 58, 59 and 62 of the Variable Capital Companies (Miscellaneous Amendments) Act 2019. [S 461/2020]


document_id: sdla-1979
provision_ref: s25
chapter: PART 5 - MISCELLANEOUS
section: 25
title: Regulations
content:
25. The Agency may, with the approval of the Minister, make such regulations as are necessary or expedient for carrying out the provisions of this Act and, in particular, such regulations may provide for all or any of the matters specified in the Second Schedule.


document_id: sea-1934
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act — “court” means the General Division of the High Court or a Judge sitting in open court in the General Division of the High Court; “judge” means a Judge sitting in chambers in the General Division of the High Court; “settled estates” — ( a ) means all immovable property and all estates or interests therein, which are the subject of a settlement; and ( b ) includes any immovable property of or to which a minor is seised or entitled in his own right other than a lease not exceeding 3 years which is executed by a minor who has attained the age of 18 years as a principal; “settlement” means any statute, deed, agreement, will or other instrument, or any number of such instruments, under or by virtue of which any immovable property, or any estates or interests therein, stand limited to, or in trust for, any person or persons, by way of succession, including any such instruments affecting the estates of any one or more of such persons exclusively. [40/2019]


document_id: sea-1934
provision_ref: s3
section: 3
title: Remainders and reversions
content:
3. —(1) All estates or interests in remainder or reversion not disposed of by a settlement, and reverting to the settlor, or descending to the next‑of‑kin of a testator, shall be deemed to be estates coming to such settlor or next‑of‑kin, under or by virtue of the settlement. How court to determine (2) In determining what are settled estates, the court or a judge shall be governed by the state of facts, and by the trusts or limitations of the settlement at the time of the said settlement taking effect.


document_id: sea-1934
provision_ref: s4
section: 4
title: Power to authorise sales of settled estates
content:
4. —(1) The court or a judge, if it is considered proper and consistent with due regard for the interests of all parties entitled under the settlement, may from time to time authorise a sale of the whole or any part of any settled estates, to be conducted and confirmed in the same manner as a sale of lands sold under a judgment of the court. Proceeds of sale to be dealt with so as best to carry out intention (2) The proceeds of such sale shall be invested, or dealt with by the court, in such manner as the court or a judge thinks best calculated to carry out the intentions of the settlor, and, subject thereto, with due regard to the interests of those intended to be benefited by the settlement. Consideration on lands sold for building (3) When any such lands are sold for building purposes, the court or a judge may, if it or he sees fit, allow the whole or any part of the consideration to be a rent issuing out of such lands, to be secured and settled in such manner as the court or judge approves. Court to direct execution of conveyance (4) On every sale under this Act, the court or a judge may direct what person or persons shall execute the deed of conveyance. (5) The deed, executed by such person or persons, shall take effect as if the settlement had contained a power enabling such person or persons to effect such sale.


document_id: sea-1934
provision_ref: s5
section: 5
title: Power to authorise leases of settled estates
content:
5. —(1) The court or a judge, if it is considered proper and consistent with due regard for the interests of all parties entitled under the settlement, may from time to time authorise leases for such time as the court or judge considers expedient, not exceeding 99 years for building or repairing leases, or for leases for other purposes in cases where the court or judge considers that a lease for 21 years is not sufficient, or 21 years for other leases, of the whole or any part of any settled estates, or of any rights or privileges over or affecting any settled estates, for any purpose whatsoever, whether involving waste or not; and may authorise the acceptance of surrenders of any such leases, either for the purpose of obtaining a renewal of the same or otherwise. Best rent to be reserved (2) On every such lease there shall be reserved the best rent, or reservation in the nature of rent, either uniform or not, that can be reasonably obtained without taking any fine or other benefit in the nature of a fine. Proviso (3) A peppercorn rent or any smaller rent than the rent to be ultimately made payable may, if the court or a judge thinks fit so to direct, be made payable during any part of the term of the lease. Lease by deed (4) Every such lease shall be by deed, and the lessee shall execute a counterpart thereof. Covenants, etc. (5) Every such lease shall contain such covenants, conditions and stipulations, as the court or a judge considers expedient, with reference to the special circumstances of the lease. Power to extend to preliminary contracts (6) The power hereby given to authorise leases shall extend to authorise preliminary contracts to grant any such leases, and any of the terms of those contracts may be varied in the leases.


document_id: sea-1934
provision_ref: s6
section: 6
title: Court not to exceed powers of settlors
content:
6. The court shall not authorise any sale or other act beyond the extent to which, in the opinion of the court, the same might have been authorised in and by the settlement, by the settlor or settlors.


document_id: sea-1934
provision_ref: s7
section: 7
title: Who may apply
content:
7. The application may be made by or on behalf of — ( a ) any person entitled to the possession, or to the receipt of the rents and profits, of any settled estates for a term of years determinable on his death, or for an estate for life, or any greater estate; ( b ) any person entitled to the possession, or to the receipt of the rents and profits of any settled estates, as the assignee of any person who, but for such assignment, would be entitled to such estates for a term of years determinable with any life, or for an estate for any life, or any greater estate; or ( c ) any trustees for any such person.


document_id: sea-1934
provision_ref: s8
section: 8
title: Evidence of advisability
content:
8. —(1) Upon every such application, the court shall be satisfied by sufficient evidence that it is proper and consistent with due regard to the interests of all parties entitled under the settlement that the powers should be exercised. (2) It shall be stated in the affidavit why, and upon what ground, it is deemed so.


document_id: sea-1934
provision_ref: s9
section: 9
title: Parties who should concur
content:
9. The parties to concur or consent shall be all the persons in existence having any beneficial estate or interest under or by virtue of the settlement, and also all trustees having any estate or interest on behalf of any unborn child.


document_id: sea-1934
provision_ref: s10
section: 10
title: Notice to be given to persons who do not consent to or concur in application
content:
10. —(1) Where, on an application under this Act, the concurrence or consent of any such person as aforesaid has not been obtained, notice shall be given to such person in such manner as the court or a judge to which or whom the application is made directs, requiring him to notify, within the time to be specified in the notice, whether he assents to or dissents from the application, or submits his rights or interests, so far as they may be affected by the application, to be dealt with by the court or judge. (2) Every such notice shall specify to whom and in what manner such notification shall be delivered or left. (3) In case no notification is delivered or left in accordance with the notice, and within the time thereby limited, the person to or for whom the notice has been given or left shall be deemed to have submitted his rights and interests to be dealt with by the court or judge.


document_id: sea-1934
provision_ref: s11
section: 11
title: Court may dispense with notice under certain circumstances
content:
11. Where, on an application under this Act, the concurrence or consent of any such person as aforesaid has not been obtained, and, in case the person cannot be found, or in case it is uncertain whether he is living or dead, or in case it appears to the court that the notice as aforesaid cannot be given to the person without expense disproportionate to the value of the subject matter of the application, then and in any such case the court or a judge, if it or he thinks fit, either on the ground of the rights or interests of that person being small or remote, or being similar to the rights or interests of any other person or persons, or on any other ground, may by order dispense with notice to that person, and that person shall thereupon be deemed to have submitted his rights and interests to be dealt with by the court.


document_id: sea-1934
provision_ref: s12
section: 12
title: Court may dispense with consent having regard to number and interests of parties
content:
12. —(1) An order may be made upon any application notwithstanding that the concurrence or consent of any such person as aforesaid has not been obtained, or has been refused. (2) The court or a judge, in considering the application, shall have regard to the numbers of persons who concur in or consent to the application, and who dissent therefrom, or who submit, or are to be deemed to submit their rights or interests to be dealt with by the court or judge, and to the estates or interests which such persons, respectively, have or claim to have in the estates as to which the application is made. (3) Every order of the court made upon such application shall have the same effect as if all such persons had been consenting parties thereto.


document_id: sea-1934
provision_ref: s13
section: 13
title: Applications may be granted without consent saving rights of non-consenting parties
content:
13. The court may, if it thinks fit, give effect to any application, subject to and so as not to affect the rights, estate or interests of any person whose concurrence or consent has been refused, or who has not submitted or is not deemed to have submitted his rights or interests to be dealt with by the court, or whose rights, estate or interests ought in the opinion of the court to be excepted.


document_id: sea-1934
provision_ref: s14
section: 14
title: Notice of application to be served on all trustees, etc.
content:
14. Notice of any application to the court under this Act shall be served on all trustees who are seised or possessed of any estate in trust for any person whose consent or concurrence to or in the application is hereby required, and on any other parties who, in the opinion of the court or a judge, ought to be so served, unless the court or judge thinks fit to dispense with the notice.


document_id: sea-1934
provision_ref: s15
section: 15
title: Notice of application to be given in newspapers if court directs
content:
15. —(1) Notice of any application to the court under this Act shall, if the court or a judge so directs, but not otherwise, be inserted in such newspapers as the court or judge directs. (2) Any person or body corporate, whether interested in the estate or not, may apply to the court or a judge by summons for permission to be heard in opposition to or in support of any application which may be made to the court under this Act. [Act 25 of 2021 wef 01/04/2022] (3) The court or a judge may permit such person or corporation to appear and be heard in opposition to or in support of any such application, on such terms as to costs or otherwise and in such manner as it or he thinks fit.


document_id: sea-1934
provision_ref: s16
section: 16
title: Summons
content:
16. —(1) All powers given by, and all applications to the court under this Act, and consents to and notifications respecting the applications, may be executed, made or given by summons. (2) All notices under this Act may be given by or to — ( a ) guardians on behalf of minors; ( b ) the Official Assignee on behalf of bankrupts; and ( c ) either of the following persons, on behalf of an individual who lacks capacity within the meaning of the Mental Capacity Act 2008: (i) a donee of a lasting power of attorney which is granted by that individual under the Mental Capacity Act 2008, and under which that individual confers on the donee authority to make decisions in relation to that individual for the purposes of this Act; (ii) a deputy who is appointed or deemed to be appointed for that individual under the Mental Capacity Act 2008, and who is conferred power to make decisions in relation to that individual for the purposes of this Act. [16/2016; 40/2019]


document_id: sea-1934
provision_ref: s17
section: 17
title: Married woman to be examined apart
content:
17. —(1) In cases where a married woman applies to the court or a judge, or consents to an application to the court or a judge, under this Act, she shall first be examined apart from her husband by such officer or person as the court or judge appoints, either generally or for the special occasion, touching her knowledge of the nature and effect of the application, and it shall be ascertained that she freely desires to make or consent to the application. Separate use not to restrain court (2) Such examination shall be made whether the property is her separate property under any special Act or not, or whether it is settled in trust for her separate use, independently of her husband, or not. (3) No clause or provision in any settlement restraining anticipation shall prevent the court or judge from exercising, if it or he thinks fit, any of the powers given as to leases and sales of settled estates. No forfeiture (4) No exercise of such powers shall occasion any forfeiture, anything in the settlement contained to the contrary notwithstanding.


document_id: sea-1934
provision_ref: s18
section: 18
title: Examination when in Singapore
content:
18. The examination of such married woman when resident in Singapore shall be made either by the judge or by some officer or person appointed by the judge for that purpose, who shall certify under his hand that he has examined her apart from her husband, and is satisfied that she is aware of the nature and effect of the intended application, and that she freely desires to make or consent to the same.


document_id: sea-1934
provision_ref: s19
section: 19
title: Examination if out of Singapore
content:
19. If any married woman so to be examined is outside Singapore, her examination may be made by any person appointed for that purpose by the court or a judge, and such person shall certify under his hand to the effect hereinbefore provided in respect of the examination of a married woman within Singapore.


document_id: sea-1934
provision_ref: s20
section: 20
title: Modes in which leases may be authorised
content:
20. The power to authorise leases, conferred by section 5, may be exercised by the court or a judge, either by approving of particular leases, or by ordering that powers of leasing in conformity with that section shall be vested in trustees in the manner hereinafter mentioned.


document_id: sea-1934
provision_ref: s21
section: 21
title: What evidence to be produced on application to authorise leases
content:
21. When application is made to the court or a judge either to approve of a particular lease or to vest any powers of leasing in trustees, the court or judge shall require the applicant to produce such evidence as is sufficient to enable the nature, value and circumstances of the estate to be ascertained, and the terms and conditions on which leases thereof ought to be authorised.


document_id: sea-1934
provision_ref: s22
section: 22
title: After approval of lease court to direct who shall be lessor
content:
22. —(1) When a particular lease or contract for a lease is approved by the court or a judge, the court or judge shall direct what person or persons shall execute the same as lessor. (2) The lease or contract executed by such person or persons shall take effect in all respects as if he or they were, at the time of the execution thereof, absolutely entitled to the whole estate or interest which is bound by the settlement, and had immediately afterwards settled the same according to the settlement.


document_id: sea-1934
provision_ref: s23
section: 23
title: Power of leasing may be vested in trustees
content:
23. —(1) When it appears to be expedient that any general powers of leasing any settled estates should be vested in trustees, the court or a judge may, by order, vest any such powers accordingly, either in the existing trustees of the settlement, or in any other persons. (2) Such powers, when exercised by such trustees, shall take effect in all respects as if the powers so vested in them had been originally contained in the settlement. (3) In every such case the court or judge, if it or he thinks fit, may impose any conditions as to consents, or otherwise, on the exercise of such powers. (4) The court or judge may also authorise the insertion of provisions for the appointment of new trustees from time to time for the purpose of exercising such powers of leasing as aforesaid.


document_id: sea-1934
provision_ref: s24
section: 24
title: Conditions that leases be settled by court not to be inserted in orders made under this Act
content:
24. In orders under this Act for vesting any powers of leasing in any trustees or other persons, no conditions shall be inserted requiring that the leases thereby authorised should be submitted to or be settled by the court or a judge, or be made conformable with a model lease deposited in the registry, save only in any case in which the parties applying for the order desire to have any such condition inserted, or in which it appears to the court or judge that there is some special reason rendering the insertion of such a condition necessary or expedient.


document_id: sea-1934
provision_ref: s25
section: 25
title: Condition where inserted may be struck out
content:
25. —(1) In all cases of orders in which any such condition, as is mentioned in section 24, has been inserted, any party interested may apply to the court or a judge to alter the order, by striking out the condition, and the court or judge may alter the same accordingly, and the order so altered shall have the same validity as if it had originally been made in its altered state. (2) Nothing herein shall make it obligatory on the court or a judge to act under this provision in any case in which, from the previous evidence or from any other evidence, it appears to the court or judge that there is any special reason why in the case in question such a condition is necessary or expedient.


document_id: sea-1934
provision_ref: s26
section: 26
title: Notice of exercise of powers to be given as directed by court
content:
26. The court or a judge shall direct that some sufficient notice of any exercise of any of the powers conferred on it or him by this Act shall be placed on the settlement, or on any copies thereof, or recorded in any other way, in all cases where it appears to the court or judge to be practicable and expedient for preventing fraud or mistake.


document_id: sea-1934
provision_ref: s27
section: 27
title: Application of moneys arising from sales
content:
27. The moneys or part of the moneys to be received on any sale effected under this Act, or the rents or payments reserved under any lease or any part of such rents or payments, may be paid to any trustees of whom the judge approves, or the same may be ordered to be paid into court; and such moneys, rents or payments or any part thereof may be applied as the judge from time to time directs to any of the following purposes: ( a ) the discharge or redemption of any incumbrance affecting the immovable property in respect of which such money was paid, or affecting any other immovable property subject to the same settlement; ( b ) the permanent improvement of any immovable property subject to such settlement; ( c ) the purchase of other immovable property to be settled in the same manner as the immovable property in respect of which the money was paid; ( d ) the payment to any person becoming absolutely entitled.


document_id: sea-1934
provision_ref: s28
section: 28
title: Trustees may apply moneys in certain cases without application to court
content:
28. The application of the moneys in the manner provided in section 27 may, if the court or a judge so directs, be made by the trustees, if any, without any application to the court, or otherwise upon an order of the court on the application of the person who would be entitled to the possession or the receipt of the rents and profits of the immovable property, if the money had been invested in the purchase of immovable property.


document_id: sea-1934
provision_ref: s29
section: 29
title: Moneys, until they can be applied, to be invested, and dividends paid to parties entitled
content:
29. —(1) Until the moneys can be applied as provided in section 27, the same shall be invested as the court or a judge directs, in some or one of the investments in which cash under the control of the court is for the time being authorised to be invested. (2) The interest and dividends of such investments shall be paid to the person who would have been entitled to the rents and profits of the immovable property if the money had been invested in the purchase of immovable property.


document_id: sea-1934
provision_ref: s30
section: 30
title: Court may direct application of money in respect of leases or reversions as may appear just
content:
30. Where any purchase money paid into court under this Act has been paid in respect of any lease for a life or lives or years (or for a life or lives and years), or any estate in immovable property less than the whole fee simple thereof, or of any reversion dependent on any such lease or estate, the court or a judge may, on the application of any party interested in such money, order that the same shall be laid out, invested, accumulated and paid, in such manner as the court or judge considers will give to the parties interested in such money the same benefit therefrom as they might lawfully have had from the lease, estate or reversion in respect of which such money has been paid, or as near thereto as may be.


document_id: sea-1934
provision_ref: s31
section: 31
title: Evidence of execution of counterpart lease by lessee
content:
31. The execution of any lease by the lessor or lessors shall be deemed sufficient evidence that a counterpart of such lease has been duly executed by the lessee as required by section 5.


document_id: sea-1934
provision_ref: s32
section: 32
title: Costs
content:
32. —(1) The court or a judge may, if it or he thinks fit, order that all or any costs or expenses of all or any parties of and incident to any application under this Act shall be a charge on the property which is the subject of the application, or on any other estate included in the same settlement, and subject to the same limitations. (2) The court or a judge may also direct that such costs and expenses shall be raised by sale or mortgage of a sufficient part of such property, or out of the rents or profits thereof, such costs and expenses to be taxed as the court or judge directs.


document_id: seaba-2003
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “assessment” means any test, examination or other method of assessing the level of proficiency, aptitude, skill, knowledge or understanding of a person in any subject matter, other than any of the national examinations; “Board” means the Singapore Examinations and Assessment Board established under section 3; “Chairperson” means the Chairperson of the Board, and includes a temporary Chairperson of the Board; “chief executive” means the chief executive of the Board, and includes any individual acting in that capacity; “Examinations Division” means the department in the Ministry of Education known as the Examinations Division; “member” means a member of the Board, and includes a temporary member of the Board; “national examinations” means the examinations specified in the Schedule. [5/2018]


document_id: seaba-2003
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 3
title: Establishment and incorporation of Singapore Examinations and Assessment Board
content:
3. A body called the Singapore Examinations and Assessment Board is established, which is a body corporate with perpetual succession and is by that name capable of — ( a ) suing and being sued; ( b ) acquiring, owning, holding and developing, or disposing of property, both movable and immovable; and ( c ) doing and suffering any other acts or things that bodies corporate may lawfully do and suffer.


document_id: seaba-2003
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 4
title: Common seal
content:
4. —(1) The Board must have a common seal and the seal may be broken, changed, altered or made anew as the Board thinks fit. (2) All deeds and other documents requiring the seal of the Board must be sealed with the common seal of the Board. (3) All instruments to which the common seal is affixed must be signed by any 2 members generally or specially authorised by the Board for the purpose or by one member and the chief executive. (4) The Board may, by resolution or otherwise in writing, appoint any officer of the Board or any other agent either generally or in any particular case to execute or sign on behalf of the Board any agreement or other instrument not under seal in relation to any matter coming within the powers of the Board. (5) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Board affixed to any document and presume that it was duly affixed.


document_id: seaba-2003
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 5
title: Membership of Board
content:
5. —(1) The Board consists of — ( a ) a Chairperson; and ( b ) not less than 6 but not more than 9 other members, all of whom are to be appointed by the Minister. (2) The Minister may appoint the chief executive to be a member.


document_id: seaba-2003
provision_ref: s6
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 6
title: Chairperson may delegate functions
content:
6. The Chairperson may, in writing, authorise any member to exercise any power or perform any function conferred on the Chairperson by or under this Act.


document_id: seaba-2003
provision_ref: s7
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 7
title: Term of office of members
content:
7. —(1) A member holds office on such conditions and for such term, not exceeding 3 years, as the Minister specifies in the appointment, and may be re‑appointed. (2) Any member may, at any time, by written notice to the Minister resign from office. (3) The Minister may, at any time, revoke the appointment of any member without giving any reason. (4) If a member dies or resigns or has his or her appointment revoked, the Minister may appoint any person to fill the vacancy for the remainder of the term for which the vacating member was appointed. (5) The Board is to pay to the Chairperson and other members, out of the funds of the Board, such salaries, fees and allowances as the Minister may determine.


document_id: seaba-2003
provision_ref: s8
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 8
title: Temporary Chairperson, etc.
content:
8. The Minister may appoint any person to be a temporary Chairperson or temporary member during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairperson or any member, as the case may be.


document_id: seaba-2003
provision_ref: s9
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 9
title: Meetings and proceedings of Board
content:
9. —(1) At all meetings of the Board, a simple majority of the members forms a quorum. (2) The Chairperson presides at all meetings of the Board and, in the Chairperson’s absence, the members present must elect one of their number to preside. (3) Meetings of the Board must be held at such times and places as the Chairperson may determine. (4) All questions arising at any meeting must be decided by a majority of votes of the members present and voting. (5) At any meeting of the Board, the Chairperson has a deliberative vote and, in the case of an equality of votes, the Chairperson or, in the Chairperson’s absence, the member presiding has a casting vote. (6) The validity of any proceedings of the Board is not affected by any vacancy among its members or by any defect in the appointment of any member. (7) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Board may regulate its own proceedings. [5/2018] 10. [ Repealed by Act 5 of 2018 ]


document_id: seaba-2003
provision_ref: s11
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF BOARD
section: 11
title: Functions and duties of Board
content:
11. —(1) Subject to the provisions of this Act, the functions and duties of the Board are — ( a ) to develop and devise national examinations which would support and promote the goals and objectives of Singapore’s education system; ( b ) to organise and conduct the national examinations; ( c ) to serve as the examining authority for any of the national examinations or such modules or components of any of the national examinations as the Board may, in consultation with the Minister, determine; ( d ) to publish and disseminate information on matters relating to the functions and duties of the Board; and ( e ) to carry out such other functions and duties as are imposed upon the Board under this Act or any other written law. (2) In addition to the functions and duties imposed under subsection (1), the Board may — ( a ) on terms that may be mutually agreed upon — (i) organise and conduct any assessment for or on behalf of the Government or any other person or body in Singapore or elsewhere and serve as the examining authority for the assessment; and (ii) provide advisory and consultancy services and training to the Government or any other person or body in Singapore or elsewhere on matters relating to the national examinations and assessments generally; and ( b ) undertake any other functions assigned by the Minister to the Board, and in so doing, the Board is deemed to be fulfilling the purposes of this Act, and the provisions of this Act apply to the Board in respect of those functions. (3) Nothing in this section is to be construed as imposing on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.


document_id: seaba-2003
provision_ref: s12
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF BOARD
section: 12
title: Powers of Board
content:
12. —(1) The Board has power to do anything for the purpose of discharging its functions and duties under this Act or any other written law, or which is necessary, incidental or conducive to the discharge of those functions and duties and, in particular, may — ( a ) engage in or commission research pursuant to and in matters connected with or relevant to the functions and duties of the Board under this Act; ( b ) determine, with the approval of the Minister, and collect, the fees to be paid by candidates for any of the national examinations; ( c ) impose — (i) fees or commissions for services rendered by the Board, including the conduct of any assessment at the request of the Government or any other person or body in Singapore or elsewhere and for the use of any facilities of the Board; and (ii) charges for the late payment of any such fee or commission; [Act 4 of 2008 wef 01/04/2024] ( d ) with the approval of the Minister, form or participate in the formation of any company, partnership or joint venture as a shareholder or partner or in any other capacity and to share profits; ( e ) become a member or affiliate of any international body the functions, objects or duties of which are similar to those of the Board; ( f ) enter into any contracts necessary or expedient for the purpose of discharging its functions or duties; ( g ) acquire or dispose of, in accordance with the provisions of this Act, any property, whether movable or immovable, which the Board thinks necessary or expedient for the purpose of carrying out its functions or duties; ( h ) receive grants, donations, gifts, subsidies or contributions from any source, or raise funds by all lawful means and apply such funds for any of its functions or duties; ( i ) grant loans to any officer or employee of the Board for such purposes specifically approved by the Board as are likely to increase the efficiency of the officer or employee; ( j ) provide recreational facilities and promote recreational activities for, and activities conducive to, the welfare of officers and employees of the Board and members of their families; ( k ) provide for gratuities, pensions, allowances or other benefits for officers or employees, or former officers or employees, of the Board or its predecessors; ( l ) provide financial support, grant, aid or assistance to any person or organisation for all or any of the purposes of this Act or any other written law; and ( m ) provide training, whether by itself or with the cooperation of other persons or bodies as the Board thinks fit, for officers or employees of the Board or any other person who assists the Board in carrying out its functions and duties, and award scholarships or otherwise pay for the training. [S 461/2020] (2) In subsection (1)( d ), “company” has the meaning given by section 4(1) of the Companies Act 1967. [S 461/2020]


document_id: seaba-2003
provision_ref: s12A
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF BOARD
section: 12A
title: Validation of collection of charge for late payment of fee or commission
content:
12A. Every amount collected before the date of commencement of the Statutes (Miscellaneous Amendments) Act 2008 as, or purportedly as, a charge for the late payment of any fee or commission referred to in section 12( c ) 1 shall be deemed to be and always to have been validly collected, and no legal proceedings shall lie or be instituted or maintained in any court of law on account of or in respect of any such collection. 1 Section 12( c ) is to be read as section 12(1)( c ) of the Singapore Examinations and Assessment Board Act 2003 as amended by S 461/2020. [Act 4 of 2008 wef 01/04/2024]


document_id: seaba-2003
provision_ref: s13
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF BOARD
section: 13
title: Directions by Minister
content:
13. The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018]


document_id: seaba-2003
provision_ref: s14
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF BOARD
section: 14
title: Committees
content:
14. —(1) The Board may appoint, alter or discharge committees, each consisting of one or more persons (whether members or not), and define or vary the terms of reference of those committees. (2) Subject to this Act and the Public Sector (Governance) Act 2018 and to the control of the Board, each committee appointed under this section may regulate its procedure in any manner that the committee thinks fit. [5/2018]


document_id: seaba-2003
provision_ref: s15
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF BOARD
section: 15
title: Delegation of powers
content:
15. —(1) The Board may, in respect of a specified matter or class of matters, by writing, delegate to a member, officer or committee of the Board or agent any of its functions or powers under this Act or under any other written law. [5/2018] (2) Every member, officer, committee or agent purporting to act pursuant to a delegation under this section is presumed, in the absence of proof to the contrary, to be acting in accordance with the terms of the delegation.


document_id: seaba-2003
provision_ref: s16
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 16
title: Chief executive, officers and employees, etc.
content:
16. —(1) There must be a chief executive of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive during any period, or during all periods, when the chief executive — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018] (3) The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [5/2018]


document_id: seaba-2003
provision_ref: s17
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 17
title: Protection from personal liability
content:
17. —(1) No suit or other legal proceedings shall lie personally against any member, officer or employee of the Board or other person acting under the direction of the Board 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 written law. (2) Where the Board provides a service to the public whereby information is supplied to the public pursuant to any written law, neither the Board nor any of its members, officers or employees involved in the supply of the information shall be liable for any loss or damage suffered by any member of the public by reason of any error or omission of any nature appearing therein or however caused, if made in good faith and in the ordinary course of the discharge of the duties of the member, officer or employee. 18. [ Repealed by Act 5 of 2018 ]


document_id: seaba-2003
provision_ref: s19
chapter: PART 5 - FINANCIAL PROVISIONS
section: 19
title: Financial year
content:
19. The financial year of the Board begins on 1 April of each year and ends on 31 March of the succeeding year. 20. [ Repealed by Act 5 of 2018 ]


document_id: seaba-2003
provision_ref: s21
chapter: PART 5 - FINANCIAL PROVISIONS
section: 21
title: Funds of Board
content:
21. The funds of the Board consist of — ( a ) all moneys transferred to the Board under section 32; ( b ) all moneys received by the Board by way of grants or subsidies; ( c ) all gifts, donations and contributions to the Board; ( d ) all fees, charges, commissions, rents, interests, dividends and other income accruing to the Board; ( e ) all moneys borrowed by the Board under this Act; ( f ) all moneys recovered or collected by the Board or any officer or employee thereof (including sums collected for the composition of offences) under this Act or any other written law administered by the Board; and ( g ) all other moneys lawfully received by the Board for the purposes of the Board.


document_id: seaba-2003
provision_ref: s22
chapter: PART 5 - FINANCIAL PROVISIONS
section: 22
title: Grants
content:
22. For the purpose of enabling the Board to carry out its functions under this Act, the Minister may make grants to the Board of such sums of money, as the Minister may determine, out of moneys to be provided by Parliament.


document_id: seaba-2003
provision_ref: s23
chapter: PART 5 - FINANCIAL PROVISIONS
section: 23
title: Power to borrow
content:
23. For the discharge of its functions or duties under this Act or any other written law, the Board may raise loans from the Government or, with the approval of the Minister for Finance, raise loans from banks or other financial institutions (whether in Singapore or elsewhere) by — ( a ) mortgage, overdraft or otherwise; ( b ) charge, whether legal or equitable, on any property vested in the Board or on any other revenue receivable by the Board under this Act or any other written law; or ( c ) the creation and issue of debentures or bonds.


document_id: seaba-2003
provision_ref: s24
chapter: PART 5 - FINANCIAL PROVISIONS
section: 24
title: Issue of shares, etc.
content:
24. As a consequence of — ( a ) the vesting of any property, rights or liabilities of the Government in the Board under this Act; or ( b ) any capital injection or other investment by the Government in the Board in accordance with any written law, the Board must issue such shares or other securities to the Minister for Finance as that Minister may direct.


document_id: seaba-2003
provision_ref: s25
chapter: PART 5 - FINANCIAL PROVISIONS
section: 25
title: Bank accounts
content:
25. —(1) The Board must open and maintain one or more accounts with such bank or banks as the Board thinks fit. (2) Every such account must be operated by such person authorised to do so by the Board.


document_id: seaba-2003
provision_ref: s26
chapter: PART 5 - FINANCIAL PROVISIONS
section: 26
title: Application of moneys
content:
26. The moneys of the Board must be applied only in payment or discharge of the expenses, obligations and liabilities of the Board and in making any payment that the Board is authorised or required to make.


document_id: seaba-2003
provision_ref: s27
chapter: PART 5 - FINANCIAL PROVISIONS
section: 27
title: Power of investment
content:
27. The Board may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. 28. [ Repealed by Act 5 of 2018 ] 29. [ Repealed by Act 5 of 2018 ] 30. [ Repealed by Act 5 of 2018 ] 31. [ Repealed by Act 5 of 2018 ]


document_id: seaba-2003
provision_ref: s32
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS,
section: 32
title: Transfer to Board of property, assets and liabilities
content:
32. —(1) As from 1 April 2004 — ( a ) such movable and immovable property vested in the Government as may be determined by the Minister for Finance and used or managed by the Examinations Division; ( b ) all moneys in the Examinations Fund; and ( c ) all assets, interests, rights, privileges, liabilities and obligations of the Government relating to the Examinations Division, are transferred to and vest in the Board without further assurance, act or deed. (2) If any question arises as to whether any particular property, asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Board under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested. (3) Any immovable property to be transferred to and vested in the Board under subsection (1) must be held by the Board upon such tenure and subject to such terms and conditions as the President may determine. (4) Every proceedings in respect of the transferred properties by or against the Government which are pending on 1 April 2004 may be continued, completed and enforced by or against the Board. (5) Every agreement relating to any of the transferred properties to which the Government was a party immediately before 1 April 2004, whether or not of such nature that the rights and liabilities thereunder could be assigned, has effect as from that date as if — ( a ) the Board had been a party to such an agreement; and ( b ) for any reference to the Government there were substituted in respect of anything to be done on or after 1 April 2004 a reference to the Board. (6) In this section, “Examinations Fund” means the Fund established under regulation 90(1) of the Education (Schools) Regulations.


document_id: seaba-2003
provision_ref: s33
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS,
section: 33
title: Transfer of employees
content:
33. —(1) As from 1 April 2004, such persons or categories of persons as the Minister may determine who, immediately before that date, were employed by the Government in the Examinations Division are transferred to the service of the Board on terms no less favourable than those enjoyed by them immediately prior to their transfer. (2) If any question arises as to whether any person or category of persons has been transferred to the service of the Board under subsection (1), a certificate under the hand of the Minister is conclusive evidence that the person or category of persons was or was not so transferred. (3) Until such time as terms and conditions of service are drawn up by the Board, the scheme and terms and conditions of service in the Government continue to apply to every person transferred to the service of the Board under subsection (1) as if he or she were still in the service of the Government.


document_id: seaba-2003
provision_ref: s34
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS,
section: 34
title: Pension rights, etc., of Government employees to be preserved
content:
34. —(1) The terms and conditions to be drawn up by the Board must take into account the terms and conditions of service (including salaries and accrued rights to leave) enjoyed by the persons transferred to the service of the Board under section 33 while in the employment of the Government. (2) Any term or condition relating to the length of service with the Board must recognise the length of service of the persons so transferred while in the employment of the Government to be service with the Board. (3) Nothing in the terms and conditions to be drawn up by the Board adversely affects the conditions that would have been applicable to persons transferred to the service of the Board as regards any pension, gratuity or allowance payable under the Pensions Act 1956. (4) Where a person has been transferred to the service of the Board under section 33, the Government is liable to pay to the Board such portion of any pension, gratuity or allowance payable to the person on his or her retirement as the same bears to the proportion which the aggregate amount of the person’s pensionable emoluments during his or her service with the Government bears to the aggregate amount of his or her pensionable emoluments during his or her service under both the Government and the Board. (5) Where any person in the service of the Board, whose case does not fall within the scope of any pension or other schemes established under this section, retires or dies in the service of the Board or is discharged from such service, the Board may grant to him or her or to such other person wholly or partly dependent on him or her, as the Board thinks fit, such allowance or gratuity as the Board may determine.


document_id: seaba-2003
provision_ref: s35
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS,
section: 35
title: No benefits in respect of abolition or reorganisation of office
content:
35. Despite the provisions of the Pensions Act 1956, a person who is transferred to the service of the Board under section 33 is not entitled to claim any benefit under that Act on the ground that he or she has been retired from the service of the Government on account of abolition or reorganisation of office in consequence of the establishment and incorporation of the Board.


document_id: seaba-2003
provision_ref: s36
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS,
section: 36
title: Existing contracts
content:
36. All deeds, contracts, schemes, bonds, agreements, instruments and arrangements subsisting immediately before 1 April 2004 to which the Government is a party and relating to the Examinations Division or to any person transferred to the service of the Board under section 33 continue in force on and after that date and are enforceable by or against the Board as if the Board had been named therein or had been a party thereto instead of the Government.


document_id: seaba-2003
provision_ref: s37
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS,
section: 37
title: Continuation and completion of disciplinary proceedings and other legal proceedings
content:
37. —(1) Where, on 1 April 2004, any disciplinary proceedings were pending against any employee of the Government transferred to the service of the Board, the proceedings must be carried on and completed by the Board. (2) Where, on 1 April 2004, any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order, ruling or direction had been made thereon, the committee must complete the hearing or investigation and must make such order, ruling or direction as it could have made under the authority vested in it before that date. (3) Any order, ruling or direction made by a committee under this section is to be treated as an order, a ruling or a direction of the Board and has the same force or effect as if it had been made by the Board pursuant to the authority vested in the Board under this Act. (4) All proceedings or causes of action pending or existing immediately before 1 April 2004 by or against the Government in respect of the Examinations Division may be continued, completed and enforced by or against the Board.


document_id: seaba-2003
provision_ref: s38
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS,
section: 38
title: Misconduct or neglect of duty by employee before transfer
content:
38. The Board may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, while the person was in the service of the Government, been guilty of any misconduct or neglect of duty which would have rendered him or her liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he or she had continued to be in the service of the Government, and if this Act had not been enacted.


document_id: seaba-2003
provision_ref: s40
chapter: PART 7 - MISCELLANEOUS
section: 40
title: Symbol or representation of Board
content:
40. —(1) The Board has the exclusive right to the use of such symbol or representation as the Board may select or devise and to display or exhibit the symbol or representation in connection with its activities or affairs. (2) Any person who uses a symbol or representation — ( a ) identical with that of the Board; or ( b ) which so resembles that of the Board as to deceive or cause confusion, or be likely to deceive or cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: seaba-2003
provision_ref: s41
chapter: PART 7 - MISCELLANEOUS
section: 41
title: Preservation of secrecy
content:
41. —(1) Except for the purpose of the performance of his or her duties or the exercise of his or her functions or when lawfully required to do so by any court or where required or allowed by any written law, a person who is or has been — ( a ) a member, officer, employee or agent of the Board; or ( b ) a member of a committee of the Board, must not disclose any information relating to the affairs of the Board or of any other person which has been obtained by him or her in the performance of his or her duties or the exercise of his or her functions. [5/2018] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 24 months or to both.


document_id: seaba-2003
provision_ref: s42
chapter: PART 7 - MISCELLANEOUS
section: 42
title: Corporate offenders and unincorporated associations
content:
42. —(1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the body corporate, the officer as well as the body corporate shall be guilty of that 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) Where an offence under this Act committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the association or a member of its governing body, the officer or member as well as the association shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “officer” — ( a ) 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 corporate or 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 and members of the committee of the association and includes persons holding positions analogous to that of president, secretary or member of a committee; “partner” includes a person purporting to act as a partner.


document_id: seaba-2003
provision_ref: s43
chapter: PART 7 - MISCELLANEOUS
section: 43
title: Composition of offences
content:
43. —(1) The chief executive or any officer authorised by the chief executive 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 $1,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.


document_id: seaba-2003
provision_ref: s45
chapter: PART 7 - MISCELLANEOUS
section: 45
title: Regulations
content:
45. —(1) The Board may, with the approval of the Minister, make regulations necessary or expedient to give effect to the provisions and purposes of this Act. (2) Without limiting subsection (1), the Board may make regulations for the following purposes: ( a ) regulating the proceedings of the Board or of the committees of the Board, to the extent not inconsistent with the Public Sector (Governance) Act 2018; ( b ) prescribing the fees and charges for the purposes of this Act; ( c ) regulating the conduct of the national examinations and any assessment conducted by the Board under this Act; ( d ) prescribing the offences that may be compounded under this Act. [5/2018] (3) The regulations may provide that a contravention of those regulations shall be punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both and, in the case of a continuing offence, with a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.


document_id: sfa-1973
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. In this Act, unless the context otherwise requires — “advertisement” means any of the following where used or apparently used to promote, directly or indirectly, the sale of food: ( a ) any words, whether written or in an audible message; ( b ) any still or moving picture, sign, symbol or other visual image or representation; ( c ) any combination of 2 or more of those things in paragraph ( a ) or ( b ), but does not include communications of personal opinion made by an individual (for no commercial gain) to the public or a section of the public in relation to any goods or services, brand of goods or services, or person who provides goods or services; “Agency” means the Singapore Food Agency established by the Singapore Food Agency Act 2019; “analysis” includes micro-biological assay, and “analyse” is to be construed accordingly; “authorised analyst” means any person appointed by the Director‑General to be an authorised analyst under section 3(3); “authorised officer” means the Director‑General and any person appointed by the Director‑General to be an authorised officer under section 3(2); “Director‑General” means the Director‑General, Food Administration appointed under section 3(1); “fish” means any species of fish (whether marine or freshwater), and includes — ( a ) crustacea, shellfish, echinoderm and molluscs; and ( b ) the eggs and young of any fish; “fish product” means any of the following intended for human consumption: ( a ) part of any fish; ( b ) any product derived from processing or preserving fish; ( c ) any product containing fish; “food” has the meaning given by section 2A; “food business” has the meaning given by section 2B; “food contact article” means the whole or any part of any utensil, machinery, instrument, device, apparatus, container, appliance or article that is used, or that is designed or intended for use, in or in connection with the handling of food, but does not include any pipe, water fitting, apparatus or appliance used for the supply of water by the Public Utilities Board; “food premises” means any premises at, on or from which food is sold, or handled with the intention that it be sold, and includes — ( a ) a food vending machine; or ( b ) any premises used for a primary food production business, but does not include any description of premises declared by the Minister by order in the Gazette not to be a food premises; “food regulation” means any regulation made under section 56; “handling”, in relation to food for sale, includes any one or more of the following: ( a ) making or manufacturing the food; ( b ) processing or preserving the food; ( c ) cooking, defrosting, heating or preparing the food; ( d ) storing, packing or labelling the food; ( e ) transporting or delivering the food; ( f ) displaying the food; ( g ) serving the food, but does not include primary food production; “import”, means to bring or cause to be brought into Singapore by land, water or air from any place which is outside Singapore but does not include the bringing into Singapore by water or air of any goods which it is proved to be intended to be taken out of Singapore on the same vessel or aircraft on which they were brought into Singapore without any landing or transhipment within Singapore; “importer”, in relation to an imported article, includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of the article or is in any way entitled to the custody or control of the article; “infectious disease” means — ( a ) any disease set out in the First or Second Schedule to the Infectious Diseases Act 1976; ( b ) any skin disease which is likely to be contagious; and ( c ) such other disease as the Minister may prescribe; “insanitary conditions” means such conditions or circumstances as might contaminate any food with dirt or filth or render the same injurious to health or unfit for human consumption; “intended use”, in relation to food, means the use of the food that is specifically stated, or could reasonably be presumed to be intended, taking into account the food’s nature, labelling, packaging and identification; “label” includes any tag, brand, mark or statement in writing or any representation or design or other descriptive matter on or attached to or used or displayed in connection with or accompanying any food or package containing food; “licence” means a licence issued under Part 4; “licensee” means a person who is the holder of a licence; “manufacturing”, in relation to food for sale, includes any one or more of the following: ( a ) making food by combining ingredients; ( b ) significantly changing the condition or nature of food by any process, such as milling flour or peeling, cutting and freezing fruits; ( c ) bottling or canning food, including bottling water; ( d ) making ice, but does not include — ( e ) cooking or otherwise preparing food at a particular place for retail sale at the place, including sale for immediate consumption; or ( f ) making ice at a particular place for use at the place; “meat” includes any part of slaughtered poultry, bovine animal, ovine animal, caprine animal, porcine animal, game or other animal, that is intended for human consumption; “meat product” means any of the following intended for human consumption: ( a ) offal or other part of a carcase; ( b ) any product derived from processing or preserving meat; ( c ) any product containing meat; “non-retail food business” has the meaning given by section 2F; “package” includes every means by which goods may be cased, enclosed, contained or packed; “poison” means any substance deemed to be a poison within the meaning of the Poisons Act 1938; “premises” includes — ( a ) land (whether or not vacant); ( b ) the whole or any part of a building, tent, stall or other structure (whether of a permanent or temporary nature); ( c ) a vehicle; and ( d ) a pontoon; “prepare” includes manufacture, process and treat; “primary food production” means the growing, raising, cultivation, picking, harvesting, collection or catching of food, and includes the following: ( a ) the transport or delivery of food on, from or between premises on which it was grown, raised, cultivated, picked, harvested, collected or caught; ( b ) the packing, treating (for example, washing) or storing of food on the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught; ( c ) the storage of food in a silo that is not connected with a food processing operation and the transport or delivery of food from, between or to such silos; ( d ) the sale of livestock at sale yards and the transport of livestock to and from sale yards; ( e ) any other food production activity that is prescribed as primary food production for the purposes of this Act, but does not include — ( f ) any process involving the substantial transformation of food (for example, manufacturing or canning), regardless of whether the process is carried out on the premises on which the food was grown, raised, cultivated, picked, harvested, collected or caught; ( g ) the sale or service of food directly to the public; or ( h ) any other food production activity that is declared by the Minister by order in the Gazette not to be primary food production for the purposes of this Act; “primary food production business” means a business or an undertaking or activity that involves, in whole or part, primary food production; “proprietor” means — ( a ) for a food business — (i) the person carrying on the food business; or (ii) if the person in sub-paragraph (i) cannot be identified, the person in charge of the food business; and ( b ) for any food premises — the proprietor of the food business that operates at, on or from the premises; “public health” means the health of — ( a ) the people in Singapore; or ( b ) a community or section of those people; “requirement of this Act” means — ( a ) a requirement of or under a provision of this Act; ( b ) a requirement of or under any food regulation; ( c ) a requirement of a notice or order given by the Director‑General under this Act; ( d ) a requirement of a direction given by the Director‑General under Part 2A; or ( e ) a condition imposed by or under this Act or any food regulation; “retail food business” means a business or an undertaking or activity at a food establishment within the meaning of the Environmental Public Health Act 1987 which is used for a purpose specified in the First Schedule to that Act; “sell” has the meaning given by section 2E; “statutory authority” means a body corporate established or constituted by or under a public Act to perform or discharge a public function, and includes a Town Council; “substance” includes any liquid, mixture or compound; “unsafe”, in relation to food, has the meaning given by section 2C; “unsuitable”, in relation to food, has the meaning given by section 2D; “vehicle” means any means of transport, whether self-propelled or not, and whether used on land or sea or in the air, such as an aircraft, a vessel, train, motor vehicle or personal mobility device. [48/2017; 11/2019]


document_id: sfa-1973
provision_ref: s2A
chapter: PART 1 - PRELIMINARY
section: 2A
title: Meaning of “food”
content:
2A. —(1) In this Act, “food” includes the following: ( a ) any substance or thing of a kind used, capable of being used, or represented as being for use, for human consumption (whether it is live, raw, prepared or partly prepared); ( b ) any substance or thing of a kind used, capable of being used, or represented as being for use, as an ingredient or additive in a substance or thing mentioned in paragraph ( a ); ( c ) any substance used in preparing a substance or thing mentioned in paragraph ( a ) (other than a substance used in preparing a living thing); ( d ) chewing gum or an ingredient or additive in chewing gum, or any substance used in preparing chewing gum; ( e ) any substance or thing declared by the Minister by order in the Gazette to be food. [48/2017] (2) Without limiting subsection (1), “food” includes — ( a ) unprocessed and raw fruits and vegetables that are intended for human consumption; ( b ) seeds, plants, or plant material intended for human consumption, including seeds that are intended to be sprouted and consumed as sprouts, but not other seeds, plants, or plant material intended for planting; ( c ) drinking water; ( d ) any thing that is or is intended to be mixed with or added to any food or drink; ( e ) milk and dairy products; ( f ) meat and meat products; ( g ) fish and fish products; and ( h ) eggs. [48/2017] (3) However, food does not include — ( a ) any health product within the meaning of the Health Products Act 2007; ( b ) any substance that is a medicinal product within the meaning of the Medicines Act 1975; ( c ) any controlled drug, psychoactive substance, controlled material or controlled substance within the meaning of the Misuse of Drugs Act 1973; [Act 12 of 2023 wef 01/06/2024] ( d ) any poison within the meaning of the Poisons Act 1938; ( e ) any cosmetics; ( f ) any tobacco product or tobacco substitute within the meaning of the Tobacco (Control of Advertisements and Sale) Act 1993; ( g ) any package (except edible packaging); ( h ) any fodder or feeding stuffs for animals; or ( i ) any substance or thing declared by the Minister by order in the Gazette not to be food for the purposes of this Act. [48/2017] (4) A substance, thing or chewing gum described in subsection (1) is food regardless of whether or not it is in a condition fit for human consumption. [48/2017] (5) To avoid doubt, “food” may include live animals and plants. [48/2017]


document_id: sfa-1973
provision_ref: s2B
chapter: PART 1 - PRELIMINARY
section: 2B
title: Meaning of “food business”
content:
2B. —(1) In this Act, “food business” means a business or an undertaking or activity that involves, in whole or part — ( a ) the handling of food intended for sale; ( b ) the sale of food (on the Internet or otherwise); or ( c ) primary food production, regardless of whether the business, undertaking or activity concerned is of a commercial, charitable or community nature, or whether it involves the handling or sale of food on one occasion only, and whether part of a non‑retail food business or a retail food business. [48/2017] (2) However, a food business does not include a business or an undertaking or activity — ( a ) that is part of a business other than trading in food and, in the course of which doing so, acts as an intermediary between persons who trade in food by providing, for reward, a place (including mobile premises) or services (such as an Internet service provider or an auction site on the Internet); ( b ) that consists exclusively of letting for hire marquees, tables, chairs and other similar furniture; or ( c ) that is declared by the Minister by order in the Gazette not to be a food business for the purposes of this Act. [48/2017]


document_id: sfa-1973
provision_ref: s2C
chapter: PART 1 - PRELIMINARY
section: 2C
title: Meaning of unsafe food
content:
2C. —(1) For the purposes of this Act, food is unsafe at a particular time if it would be likely to cause illness or injury or other physical harm to a person who might later consume it, assuming — ( a ) it was, after that particular time and before being consumed by the person, properly subjected to all processes (if any) that are relevant to its reasonable intended use; ( b ) nothing happened to it after that particular time and before being consumed by the person that would prevent it being used for its reasonable intended use; and ( c ) it was consumed by the person according to its reasonable intended use. [48/2017] (2) However, food is not unsafe for the purposes of this Act merely because — ( a ) any individual objects to it because of personal preference; ( b ) any part of the community objects to it on moral, ethical, cultural, spiritual, or religious grounds; ( c ) its consumption in inappropriate quantities may damage an individual’s health; or ( d ) its presence or consumption is unhealthy for any individual who has an allergy or other personal health condition. [48/2017] (3) In subsection (1)( a ), a reference to processes includes a reference to processes involving storage and preparation. [48/2017]


document_id: sfa-1973
provision_ref: s2D
chapter: PART 1 - PRELIMINARY
section: 2D
title: Meaning of unsuitable food
content:
2D. —(1) For the purposes of this Act, food is unsuitable if it is food that — ( a ) is damaged, deteriorated or perished to an extent that affects its reasonable intended use; ( b ) contains, or has attached to it or enclosed with it, any damaged, deteriorated, perished or contaminated substance or thing to an extent that affects its reasonable intended use; ( c ) is the product of a diseased animal, or an animal that has died otherwise than by slaughter, and has not been declared by or under another Act to be safe for human consumption; ( d ) contains a biological or chemical agent, or other matter or substance, that is foreign to the nature of the food and the presence of which would be unexpected and unreasonable in food prepared or packed for sale in accordance with good trade practice; or ( e ) has packaging that is damaged, deteriorated, perished or contaminated to the extent of affecting the food’s reasonable intended use. [48/2017] (2) However, food is not unsuitable for the purposes of this Act merely because — ( a ) at any particular time before it is sold for human consumption it contains an agricultural or veterinary chemical; ( b ) when it is sold for human consumption it contains an agricultural or veterinary chemical or other contaminant, so long as it does not contain the chemical or contaminant in an amount that contravenes any food regulations; ( c ) any individual objects to it because of personal preference; ( d ) any part of the community objects to it on moral, ethical, cultural, spiritual, or religious grounds; ( e ) its consumption in inappropriate quantities may damage an individual’s health; or ( f ) its presence or consumption is unhealthy for any individual who has an allergy or other personal health condition. [48/2017] (3) In this section, a reference to slaughter of an animal includes a reference to the killing of an animal in the process of capturing, taking or harvesting it for the purposes of preparing it for use as food. [48/2017]


document_id: sfa-1973
provision_ref: s2E
chapter: PART 1 - PRELIMINARY
section: 2E
title: Meaning of “sell”
content:
2E. —(1) In this Act, “sell” includes carrying on any of the following activities, or a combination of those activities, in relation to food for human consumption or to a food contact article: ( a ) bartering; ( b ) offering for sale or attempting to sell; ( c ) receiving, or having in possession, for sale; ( d ) displaying for sale; ( e ) causing or permitting to be sold or offered or displayed for sale; ( f ) sending, forwarding or delivering for sale; ( g ) disposing of by any method for valuable consideration; ( h ) disposing of to an agent for sale on consignment; ( i ) supplying as a meal or part of a meal to an employee or other individual in accordance with an employment agreement or an agreement for services under a contract of service for consumption by the employee or individual at the employee’s or individual’s place of work; ( j ) disposing of by way of raffle, lottery or other game of chance; ( k ) offering as a prize or reward; ( l ) offering or giving away for the purpose of advertisement or in furtherance of any trade or business; ( m ) supplying under a contract (whether or not the contract is made with the consumer of the food), together with any accommodation, service or entertainment, in consideration of an inclusive charge for the food supplied and the accommodation, service or entertainment; ( n ) supplying food (whether or not for consideration) in the course of providing services — (i) to patients in hospitals, hospices and other residential care facilities like nursing homes; (ii) to children or other individuals in the care or custody of the supplier by virtue of any Act; or (iii) to prisoners or inmates in prisons or other places for the detention of individuals under any Act; ( o ) supplying anything of which any food forms a part; ( p ) selling for the purpose of resale for handling or human consumption. [48/2017] (2) Despite subsection (1), in this Act, “sell”, in relation to food, does not include — ( a ) exchanging food for food or other goods or services as part of a personal relationship between individuals that is not commercial in nature; or ( b ) supplying food together with accommodation to a person residing at a private residence in exchange for services or labour by the person. [48/2017] (3) For the purposes of this Act — ( a ) food that is displayed for the purpose of being offered as a prize or reward or given away for the purpose of advertisement or in furtherance of trade or business is taken to have been displayed for sale by the owner of the food; ( b ) food that is donated for a charitable or benevolent purpose is not to be taken to be food that was given away for the purpose of advertisement or in furtherance of trade or business; ( c ) food which is exposed or deposited in any premises for the purpose of being so offered as a prize or reward or given away is taken to have been exposed for sale by the occupier of the premises; ( d ) food that is sold for the purpose of being mixed with any other food is to be treated, unless the contrary is proved, as sale if the bulk or product produced by the mixing, or any part of the bulk or product, is intended to be sold; and ( e ) food that is sold, offered for sale, or displayed for sale is to be treated, unless the contrary is proved, as a sale, offer for sale or display for sale of the food for human consumption. [48/2017]


document_id: sfa-1973
provision_ref: s2F
chapter: PART 1 - PRELIMINARY
section: 2F
title: Meaning of “non-retail food business”
content:
2F. —(1) In this Act, “non-retail food business” means a food business that is — ( a ) not carried out for a purpose specified in the First Schedule to the Environmental Public Health Act 1987; and ( b ) not a primary food production business, but includes a food business a component of which is a business, an undertaking or activity carried out for a purpose specified in the First Schedule to the Environmental Public Health Act 1987. [48/2017] (2) Without limiting subsection (1), a non‑retail food business includes (but is not limited to) any of the following food businesses: ( a ) a factory, plant or other premises where meat products or fish products are processed for sale to wholesalers or retail food businesses, or for export; ( b ) the preparing or packing of ready-to-eat salads for the purpose of sale to wholesalers or retail food businesses, or for export; ( c ) the manufacturing, preparing or packing of chilled, frozen and shelf-stable meals, condiments or prepared foods for sale to wholesalers or retail food businesses, or for export; ( d ) the manufacturing, preparing (including by cutting, mincing, boning, drying, smoking or fermentation after slaughter or harvesting) or packing of meat, poultry or fish products for the purpose of sale to wholesalers or retail food businesses, or for export; ( e ) the manufacturing of bottled drinking water or non‑alcoholic beverages, for the purpose of sale to wholesalers or retail food businesses, or for export; ( f ) brewers and distillers of vinegar, soya sauce or fish sauce for the purpose of sale to wholesalers or retail food businesses, or for export; ( g ) wholesale bakeries supplying food prepared to wholesalers or retail food businesses; ( h ) the processing or packing of herbs or spices for the purpose of sale to wholesalers or retail food businesses, or for export; ( i ) manufacturing or preparing (including by blending and packing) dry mix products such as cake mix, drinking chocolate, tea bags and powdered soup for sale to wholesalers or retail food businesses, or for export; ( j ) a wholesale market where any animal, meat product, fish or fish product is sold wholesale or through auction; ( k ) central kitchens supplying food prepared, cooked and packed for the purpose of distribution to retail food businesses; ( l ) an operator of a warehouse or cold storage facility for the storage of food intended for sale, whether by wholesalers or retail food businesses. [48/2017] (3) In subsection (2)( c ), “shelf-stable”, in relation to food, means that — ( a ) the food can be stored at room or ambient temperature before its packaging is opened; and ( b ) the food may or may not require refrigeration after its packaging is opened. [48/2017]


document_id: sfa-1973
provision_ref: s3
chapter: PART 2 - ADMINISTRATION AND ENFORCEMENT
section: 3
title: Administration of Act and appointment of authorised officers, etc.
content:
3. —(1) The Minister must appoint from among officers of the Agency the Director‑General, Food Administration, who is responsible for the administration of this Act, subject to the general or special directions of the Minister. [11/2019] (2) The Director‑General may in writing appoint any public officer or any officer of the Agency or any other statutory authority, or an auxiliary police officer appointed under the Police Force Act 2004, to be an authorised officer for the purposes of this Act. [11/2019] (3) The Director‑General may appoint one or more persons with the prescribed qualifications and practical experience to be authorised analysts for the purposes of this Act. (4) The Director‑General may delegate the exercise of all or any of the powers conferred or duties imposed upon the Director‑General by this Act (except the power of delegation conferred by this subsection) to any authorised officer. [11/2019] (5) The Director‑General may, for any reason that appears to the Director‑General to be sufficient, at any time revoke a person’s appointment as an authorised officer or authorised analyst. [11/2019] (6) An auxiliary police officer who is appointed as an authorised officer does not, by virtue only of the appointment, become an employee or agent of the Agency. [11/2019]


document_id: sfa-1973
provision_ref: s4
chapter: PART 2 - ADMINISTRATION AND ENFORCEMENT
section: 4
title: Power of authorised officers to enter, etc.
content:
4. —(1) Any authorised officer may — ( a ) at any reasonable time enter and inspect any place where that authorised officer has reason to believe that there is any food or food contact article intended for sale; ( b ) inspect any food or food contact article wherever found which that authorised officer has reason to believe is intended for sale; ( c ) open and examine any receptacle or package which that authorised officer has reasonable grounds for believing to contain any article to which this Act applies; ( d ) mark, seal or otherwise secure, weigh, count or measure any food or food contact article the sale, preparation or manufacture of which is, or appears to be, contrary or not in compliance with an applicable requirement of this Act with respect to food or food contact articles; ( e ) seize any food or food contact article wherever found which is or appears to be unwholesome or deleterious to health or which is contrary or not in compliance with an applicable requirement of this Act with respect to food or food contact articles; and any article seized under this Act may at the option of an authorised officer be kept or stored in the building or place where it was seized or may at the direction of an authorised officer be removed to any other proper place; ( f ) require any person selling or manufacturing any food or food contact article or that person’s agent or employee to state that person’s name and place of residence; and ( g ) destroy any food wherever found which is decayed or putrefied or deleterious to health. [48/2017] (2) Any person claiming anything seized under this section may within 48 hours after the seizure complain thereof to a Magistrate’s Court, and the complaint may be heard and determined by that Court, which may either confirm or disallow the seizure wholly or in part and may order the article seized to be restored. (3) If within 48 hours after such seizure no complaint has been made, or if the seizure is confirmed, the article seized becomes the property of the Agency and must be destroyed or otherwise disposed of so as to prevent it being used for human consumption. [11/2019] (4) Where the seizure of any food or food contact article is made under subsection (1)( e ), the authorised officer making the seizure has to immediately give written notice of the seizure in the form prescribed or designed under section 53 to the owner or to the consignor or consignee or to the owner’s agent of the thing seized, if the name and address of the owner, consignor, consignee or agent are attached to that food or food contact article or are otherwise known to the authorised officer and the address is in Singapore. [48/2017]


document_id: sfa-1973
provision_ref: s5
chapter: PART 2 - ADMINISTRATION AND ENFORCEMENT
section: 5
title: Power to call for information
content:
5. —(1) Subject to subsection (6), an authorised officer may at any time require any person — ( a ) to produce to the authorised officer for inspection any document or record or copies or extracts of any document or record which the authorised officer believes on reasonable grounds contains any information relevant to the administration or enforcement of this Act; or ( b ) to furnish any information as the authorised officer may reasonably require. [48/2017] (2) Any of the authorised officers mentioned in subsection (1) may make, or cause to be made, copies of, or extracts from, any such document or record. (3) The copies or extracts certified as such by any authorised officer are, unless the contrary is proved, deemed to be true and correct copies or extracts. (4) Any person, who refuses or neglects to comply with any requisition made under this section shall be guilty of an offence. (5) Except for the purpose of carrying into effect this Act, any authorised officer who — ( a ) does not maintain the secrecy of all matters which come to his or her knowledge in the performance of his or her official duties under this section; or ( b ) communicates any such matter to any person, shall be guilty of an offence. (6) The powers conferred under subsection (1) may only be exercised by an authorised officer — ( a ) to determine whether an applicable requirement of this Act with respect to food, food contact articles or food businesses has been, or is being, complied with; ( b ) to ensure that an applicable requirement of this Act with respect to food, food contact articles and food businesses has been, or is being, or will be, complied with; ( c ) to investigate anything that may have, or might potentially have, contaminated food or a food contact article; ( d ) to determine whether food or a food contact article is safe or suitable; ( e ) to determine whether food or a food contact article poses a risk to human life or public health; or ( f ) to investigate any offence under this Act or any contravention of or non‑compliance with an applicable requirement of this Act. [48/2017]


document_id: sfa-1973
provision_ref: s6
chapter: PART 2 - ADMINISTRATION AND ENFORCEMENT
section: 6
title: Power to demand and select and take or obtain samples
content:
6. —(1) On payment or tender to any person selling or manufacturing any food or food contact article or to that person’s agent or employee of the current market value of samples of the food or food contact article, any authorised officer may at any place demand and select and take or obtain such samples for the purpose of analysis or examination. [48/2017] (2) Any such authorised officer may require that person or that person’s agent or employee to show and permit the inspection of the package in which the food or food contact article is at the time kept, and may take therefrom the samples demanded. [48/2017] (3) Where any food or food contact article is kept for retail sale in an unopened package, a person must not be required by any authorised officer to sell less than the whole of the contents of that package. [48/2017] (4) Any person who refuses or neglects to comply with any demand or requisition made by an authorised officer under this section shall be guilty of an offence.


document_id: sfa-1973
provision_ref: s7
chapter: PART 2 - ADMINISTRATION AND ENFORCEMENT
section: 7
title: Power to demand samples of milk or food in course of delivery under contract
content:
7. —(1) Any authorised officer may procure for the purpose of analysis or examination — ( a ) any sample of any milk in course of delivery to the purchaser or consignee pursuant to any contract for the sale to such purchaser or consignee of that milk; and ( b ) upon the request or with the consent of the purchaser or consignee, at the place of delivery, any sample of any other article of food in course of delivery to the purchaser or consignee pursuant to any contract for the sale to the purchaser or consignee of that article of food. (2) The seller or consignor or any person entrusted by the seller or consignor for the time being with the charge of such milk or other article of food, if the seller, consignor or person entrusted refuses to allow an authorised officer to take the quantity which the authorised officer requires for the purpose of analysis or examination, shall be guilty of an offence.


document_id: sfa-1973
provision_ref: s8
chapter: PART 2 - ADMINISTRATION AND ENFORCEMENT
section: 8
title: Any person may have sample analysed
content:
8. Any person other than the seller may, on payment of the prescribed fee, together with the cost of the sample, require any authorised officer to purchase a sample of any food or food contact article and submit the same for analysis. [48/2017] 9. [ Repealed by Act 11 of 2019 ]


document_id: sfa-1973
provision_ref: s10
chapter: PART 2 - ADMINISTRATION AND ENFORCEMENT
section: 10
title: Certificate of authorised analyst
content:
10. —(1) A certificate of the results of an analysis given by an authorised analyst must be in the form prescribed or designed under section 53 and signed by the authorised analyst but the analysis may be made by a person acting under the direction of the authorised analyst. [48/2017] (2) A copy of the result of any analysis of any food or food contact article procured by an authorised officer may be obtained from the authorised analyst by the person from whom the article so analysed was purchased or obtained, on payment of such fee as may be prescribed. [48/2017] (3) A person who uses a copy of the result of an analysis mentioned in paragraph (2) as an advertisement shall be guilty of an offence.


document_id: sfa-1973
provision_ref: s10A
chapter: PART 2A - FOOD SAFETY MEASURES
section: 10A
title: Persons to whom directions may be given
content:
10A. The Director‑General may give a direction under this Part to all or any of the following, individually or as a class: ( a ) a licensee; ( b ) a proprietor of a food business or food premises, if not a licensee; ( c ) an importer of any food or food contact article; ( d ) an exporter of any food or food contact article; ( e ) a manufacturer of any food contact article; ( f ) a person carrying on a business of selling or supplying (by wholesale or retail) any food contact article; ( g ) a person in control of, or reasonably appearing to be in control of, food or any thing that may become food. [48/2017; 11/2019]


document_id: sfa-1973
provision_ref: s10B
chapter: PART 2A - FOOD SAFETY MEASURES
section: 10B
title: Content and effect of directions
content:
10B. —(1) A direction under this Part is binding on — ( a ) the person to whom it is addressed; and ( b ) if applicable, the personal representatives, successors and assignees of the person to whom it is addressed to the same extent as it applies to that person. [48/2017] (2) A direction under this Part must be in writing, or be confirmed in writing as soon as practicable after being given orally. [48/2017] (3) In making a direction under this Part, it is not necessary for the Director‑General to give any person who may be affected by the direction a chance to be heard before the direction is given. [48/2017; 11/2019] (4) A direction under this Part must state — ( a ) whether the person to whom it is given must — (i) advise the Director‑General of the details of the manner in which the person proposes to comply with the direction; (ii) keep information about the matters that are the subject of the direction; (iii) regularly notify the Director‑General about the steps being taken towards compliance with the direction; or (iv) give written notice to the Director‑General when the person has complied with the direction; ( b ) that it is an offence under this Act to fail to comply with the direction; ( c ) that if the person to whom the direction is given fails to comply with it, the Director‑General may carry out the direction; and ( d ) that if the Director‑General carries out the direction, the Director‑General may recover the costs reasonably incurred in carrying out the direction from the person to whom the direction was given. [48/2017; 11/2019] (5) A direction under this Part continues in force until the earlier of the following occurs: ( a ) the expiry date (if any) stated in the direction is reached; ( b ) the Director‑General revokes the direction. [48/2017; 11/2019] (6) A direction under this Part may — ( a ) be amended or revoked at any time; and ( b ) be extended or renewed, if the Director‑General is satisfied that the circumstances warrant it. [48/2017; 11/2019] (7) If a person to whom the direction is given fails or refuses to comply with it, the Director‑General may carry out the direction, and recover the costs and expenses reasonably incurred in carrying out the direction as a debt due from the person to whom the direction was given. [48/2017; 11/2019] (8) If satisfied that a direction under this Part has been complied with, the Director‑General must — ( a ) revoke the direction; and ( b ) give written notice of the revocation in the same manner in which the direction was given or served. [48/2017; 11/2019] (9) Subsection (5) does not prevent a further direction being made in the same terms as a direction that has expired. [48/2017]


document_id: sfa-1973
provision_ref: s10C
chapter: PART 2A - FOOD SAFETY MEASURES
section: 10C
title: Service of directions under this Part
content:
10C. —(1) A direction under this Part that is addressed to a person is sufficiently served if it is — ( a ) delivered personally to the person by an authorised officer; ( b ) served in the manner prescribed in section 44; or ( c ) if the name and address of the proprietor of any food premises is unknown, affixed to the food premises. [48/2017] (2) A direction under this Part that is addressed to a class of persons is sufficiently served if it is — ( a ) served on each of the persons in the class in accordance with subsection (1); or ( b ) published both — (i) in a daily newspaper circulating in Singapore or in any other news media that, in the opinion of the Director‑General, will be most likely to bring the direction to the attention of the persons who belong to the class; and (ii) on the Agency’s official website. [48/2017; 11/2019] (3) A direction under this Part that is addressed to a statutory authority is sufficiently served if it is served on the chief executive (however described) of the statutory authority in accordance with subsection (1). [48/2017] (4) A direction under this Part that is served — ( a ) in accordance with subsection (1) takes effect when it is served; ( b ) in accordance with subsection (2)( a ) takes effect when it is served on all the persons in the class in question; and ( c ) in accordance with subsection (2)( b ) takes effect at the beginning of the day after the date on which subsection (2)( b ) has been complied with. [48/2017] Division 2 &#x2014; Directions


document_id: sfa-1973
provision_ref: s10D
chapter: PART 2A - FOOD SAFETY MEASURES
section: 10D
title: General corrective action direction
content:
10D. —(1) The Director-General may give a direction to any of the persons described in section 10A about the taking of preventative or corrective action in respect of food or a food contact article that the Director‑General reasonably believes is necessary (whether or not from the report of an authorised analyst or authorised officer) to ensure compliance with an applicable requirement of this Act with respect to food or food contact articles. [48/2017; 11/2019] (2) Without limiting subsection (1), “corrective action”, in the case of a direction given to a food business, includes requiring the proprietor of the food business to do any one or more of the following: ( a ) take specified steps to ensure that food raised, cultivated, harvested, caught, prepared, sold or otherwise handled at the premises at which the food business is carried out is safe and suitable; ( b ) take specified steps to ensure that those premises, or any vehicle, plant, food contact article, machinery or equipment used on those premises in connection with any food raised, cultivated, harvested, caught, prepared, sold or otherwise handled at those premises is cleaned and disinfected or put into an altered condition to the satisfaction of an authorised officer; ( c ) ensure that any applicable requirement of this Act with respect to food or food contact articles is complied with; ( d ) until the corrective action in paragraph ( a ), ( b ) or ( c ) is complied with, ensure that — (i) the premises at which the food business is carried out, or a specified area of the premises, is not used for the raising, cultivation, harvesting, catching, preparation, sale or other handling of food or an activity connected with food specified in the direction; (ii) any vehicle, plant, food contact article, machinery or equipment on those premises is not used in connection with the raising, cultivation, harvesting, catching, preparation, sale or other handling of food or an activity connected with food specified in the direction; or (iii) any food or class of food specified in the direction is not removed from those premises, for any purpose (including any purpose specified in the direction) or in any circumstances specified in the direction, for the period of time that is specified in the direction. [48/2017]


document_id: sfa-1973
provision_ref: s10E
chapter: PART 2A - FOOD SAFETY MEASURES
section: 10E
title: Direction to impose movement controls
content:
10E. —(1) The Director‑General may give a direction in subsection (2) if the Director‑General reasonably suspects (whether or not from the report of an authorised analyst or authorised officer) — ( a ) that food or any thing that may become food, or a food contact article, does not comply with an applicable requirement of this Act; or ( b ) the existence of a hazard or a source of contamination that may affect food or any thing that may become food. [48/2017; 11/2019] (2) The direction may impose movement or related controls to determine, minimise, manage, or control the risk to human life or public health created by the suspected non‑compliance or suspected existence of the hazard or the source of contamination. [48/2017] (3) A direction under this section must specify the suspected non‑compliance, hazard or source of contamination, including by reference to — ( a ) a thing described in subsection (4); ( b ) a place (where, for example, there may be contamination from the land or the environment); or ( c ) a particular person or food business or a specified class of food business (where, for example, the contamination may have been caused by a human act or omission). [48/2017] (4) The controls may be imposed on all or any of the following: ( a ) activities; ( b ) areas or premises; ( c ) food contact articles; ( d ) vehicles; ( e ) food; ( f ) any thing that may become food; ( g ) food businesses; ( h ) anything else that the Director‑General suspects relates to the suspected non‑compliance or the suspected hazard or the source of suspected contamination. [48/2017; 11/2019] (5) The controls on those things described in subsection (4) may do all or any of the following in relation to a food contact article, or food or any thing that may become food: ( a ) restrict its movement, sale, production, manufacturing or handling; ( b ) apply conditions to its movement, sale, production, manufacturing or handling; ( c ) prohibit its movement, sale, production, manufacturing or handling; ( d ) require the taking of specific actions such as sampling and testing to determine the risk (if any) to human life or public health; ( e ) require the taking of specific actions to minimise, manage, or control the risk to human life or public health; ( f ) do anything else that is necessary to achieve the purpose described in subsection (2). [48/2017] (6) A direction under this section may — ( a ) direct the keeping of information about the matters that are the subject of the direction; ( b ) direct the provision of reports about matters that are the subject of the direction; or ( c ) direct the person to whom the direction is given to notify the Director‑General when — (i) the non-compliance, hazard, or source of contamination has been identified; (ii) the non-compliance, hazard, or source of contamination has been minimised or removed; or (iii) no non-compliance, hazard, or source of contamination has been identified. [48/2017; 11/2019] (7) In this section, “hazard” means a biological, chemical or physical agent that — ( a ) is in food or has the potential to be in food, or is a condition of food, or has the potential to affect the condition of food; and ( b ) causes or could cause an adverse or injurious effect on human life or public health. [48/2017]


document_id: sfa-1973
provision_ref: s10F
chapter: PART 2A - FOOD SAFETY MEASURES
section: 10F
title: Direction to recall food or food contact article
content:
10F. —(1) The Director‑General may give any direction in subsection (2) to persons described in section 10A — ( a ) for the purpose of examining, rectifying, controlling, or disposing of food or a food contact article, after taking into account any relevant information or warnings about food or a food contact article that the Director‑General has received from authorised officers, or an international organisation or authority; or ( b ) if the Director‑General has reasonable grounds to believe that the direction is necessary — (i) to prevent or reduce the possibility of a serious danger to public health; or (ii) to mitigate the adverse consequences of a serious danger to public health. [48/2017; 11/2019] (2) The directions are — ( a ) to recall food or a food contact article that is not safe or suitable or the safety or suitability of which is in doubt; ( b ) to recall a food contact article that has, or for which there is doubt about whether it has, contaminated food or caused food to be no longer safe or suitable; ( c ) to recall a food contact article if there is doubt about whether it may contaminate food; ( d ) to recall food or a food contact article that is mislabelled or incorrectly identified; ( e ) to take food or a food contact article recalled under any of paragraphs ( a ) to ( d ) to — (i) a place specified in the directions; or (ii) a place agreed to between the Director‑General and the person to whom the directions are given; or ( f ) any directions that may be given under section 10G, as appropriate. [48/2017; 11/2019] (3) A direction to recall food or a food contact article may specify the manner in which, and must specify the period within which, the recall is to be conducted and completed. [48/2017] (4) A person who is required by a direction to recall food or a food contact article must give written notice to the Director‑General of the completion of the recall as soon as practicable after that completion. [48/2017; 11/2019] (5) If a person to whom the direction is given under this section fails or refuses to comply with it, the Director‑General may — ( a ) take any reasonable steps necessary to ensure control of the food or food contact article (including entry by authorised officers to a place under a warrant); and ( b ) recover the costs and expenses reasonably incurred in assuming control of the food or food contact article as a debt due from the person to whom the direction was given. [48/2017; 11/2019] (6) This section does not prevent the Agency exercising its power under section 10I. [48/2017; 11/2019]


document_id: sfa-1973
provision_ref: s10G
chapter: PART 2A - FOOD SAFETY MEASURES
section: 10G
title: Direction to manage food or food contact article
content:
10G. —(1) The Director‑General may give any direction in subsection (2) to persons described in section 10A if the Director‑General — ( a ) reasonably believes that food or a food contact article that is already the subject of a direction under section 10E is not safe or suitable and further controls are required; or ( b ) recalls food or a food contact article under section 10F. [48/2017; 11/2019] (2) The direction may be about doing or not doing any of the following to the food or food contact article: ( a ) condemning or destroying it; ( b ) disposing of or re-exporting it; ( c ) identifying it; ( d ) handling, or re-processing it; ( e ) labelling or relabelling it; ( f ) storing it; ( g ) transporting it; ( h ) sampling or testing it; ( i ) advertising or selling it. [48/2017]


document_id: sfa-1973
provision_ref: s10H
chapter: PART 2A - FOOD SAFETY MEASURES
section: 10H
title: Direction to publish statement
content:
10H. —(1) The Director‑General may give to persons described in section 10A a direction about publishing a statement to the public, or to a class of persons specified in the direction, for the purpose of protecting the public or class of persons, as the case may be. [48/2017; 11/2019] (2) The Director‑General may specify that the statement must include all or any of the following: ( a ) the nature of the problem, including (where applicable) — (i) the particular food or type of food or food contact article to be recalled or disposed of; (ii) the reasons why the food or food contact article is considered to be unsafe or unsuitable; and (iii) the circumstances in which the consumption of the food is unsafe; ( b ) the remedy that the person will provide; ( c ) the way in which the person will prevent the problem arising in future. [48/2017; 11/2019] (3) The Director‑General may specify the actual words to be used in the statement or any part of it. [48/2017; 11/2019] (4) The Director‑General may specify all or any of the following: ( a ) who must publish the statement; ( b ) where the statement must be published; ( c ) the date on which the statement must be published. [48/2017; 11/2019] (5) Statements published under this section are protected by absolute privilege. [48/2017] Division 3 &#x2014; Supplementary provisions


document_id: sfa-1973
provision_ref: s10I
chapter: PART 2A - FOOD SAFETY MEASURES
section: 10I
title: Compensation
content:
10I. —(1) A person bound by a direction under this Part who suffers loss as a result of the making of the direction may apply to the Agency for compensation if the person considers that there were insufficient grounds for the making of the direction. [48/2017; 11/2019] (2) If there were insufficient grounds for the making of the direction, the Agency is to pay just and reasonable compensation to the applicant. [48/2017; 11/2019] (3) The Agency must send written notification of the Agency’s determination as to the payment of compensation under this section to each applicant for the payment of compensation. [48/2017; 11/2019] (4) If the Agency has not determined an application for compensation under this section within 28 days after receiving the application, the Agency is taken to have refused to pay any compensation. [48/2017; 11/2019] (5) An applicant for the payment of compensation under this section who is dissatisfied with a determination by the Agency as to the refusal to pay compensation or as to the amount of compensation may apply to the District Court for a review of the determination — ( a ) within 14 days after the day on which notification of the determination was received; or ( b ) in a case to which subsection (4) applies, within 14 days after the 28‑day period mentioned in that subsection ends. [48/2017; 11/2019] (6) If the amount of compensation sought exceeds the jurisdictional limit of the District Court, the application under subsection (5) is to be made to the General Division of the High Court. [48/2017; 40/2019] (7) No application for the payment of compensation may be made under this section after the 14‑day period mentioned in subsection (5)( a ) or ( b ) ends. [48/2017]


document_id: sfa-1973
provision_ref: s10J
chapter: PART 2A - FOOD SAFETY MEASURES
section: 10J
title: Appeal to Minister
content:
10J. —(1) A person mentioned in section 10A to whom a direction under this Part is given and who is aggrieved by the direction may appeal to the Minister. [48/2017] (2) An appeal under this section must be in writing and specify the grounds on which it is made, and be made within a prescribed period after the date of receipt of the decision that is appealed against. [48/2017] (3) The Minister’s decision on appeal is final. [48/2017] (4) The Minister may designate to hear and determine, in the Minister’s place, any appeals or a specific appeal under this section — ( a ) any Senior Minister of State or Minister of State, for his or her Ministry; or ( b ) any Senior Parliamentary Secretary or Parliamentary Secretary, for his or her Ministry, and any reference in this section to the Minister includes a reference to the Senior Minister of State or Minister of State, or Senior Parliamentary Secretary or Parliamentary Secretary so designated for that appeal. [48/2017]


document_id: sfa-1973
provision_ref: s10K
chapter: PART 2A - FOOD SAFETY MEASURES
section: 10K
title: Non-compliance with food safety measures
content:
10K. —(1) A person to whom a direction under this Part is addressed must not, without reasonable excuse — ( a ) carry on an activity in contravention of the direction; ( b ) neglect or refuse to comply with any such direction; or ( c ) fail to comply with a condition specified in such a direction. [48/2017] (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [48/2017] (3) A person must not remove the copy of any direction affixed to any food premises under section 10C(1)( c ) while that direction remains in force. [48/2017] (4) A person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [48/2017]


document_id: sfa-1973
provision_ref: s10L
chapter: PART 2A - FOOD SAFETY MEASURES
section: 10L
title: Interface with other written laws
content:
10L. To avoid doubt, nothing in this Part derogates from any requirement imposed by or under — ( a ) the Animals and Birds Act 1965; ( b ) the Control of Plants Act 1993; ( c ) the Control of Vectors and Pesticides Act 1998; ( d ) the Environmental Public Health Act 1987; ( e ) the Feeding Stuffs Act 1965; ( f ) the Fisheries Act 1966; ( fa ) the Food Safety and Security Act 2025; [Act 7 of 2025 wef 28/11/2025] ( g ) the Health Products Act 2007; ( h ) the Medicines Act 1975; ( i ) the Misuse of Drugs Act 1973; ( j ) the Poisons Act 1938; or ( k ) the Wholesome Meat and Fish Act 1999. [48/2017; 11/2019]


document_id: sfa-1973
provision_ref: s11
chapter: PART 3 - SALE OF FOOD
section: 11
title: Adulterated food
content:
11. A person must not sell any adulterated food without fully informing the purchaser at the time of the sale of the nature of the adulteration.


document_id: sfa-1973
provision_ref: s12
chapter: PART 3 - SALE OF FOOD
section: 12
title: Food containing prohibited substance
content:
12. A person must not sell any food which contains any substance the addition or use of which is prohibited by any regulations made under this Act.


document_id: sfa-1973
provision_ref: s13
chapter: PART 3 - SALE OF FOOD
section: 13
title: Food containing substance in excess of permitted proportion
content:
13. A person must not sell any food containing a greater proportion of any substance than is permitted by any regulations made under this Act.


document_id: sfa-1973
provision_ref: s14
chapter: PART 3 - SALE OF FOOD
section: 14
title: Food containing alcohol, etc.
content:
14. A person must not sell any food which contains more than 50 parts of methyl alcohol, isopropyl alcohol or denatured alcohol in one million parts of the food.


document_id: sfa-1973
provision_ref: s15
chapter: PART 3 - SALE OF FOOD
section: 15
title: Selling unsafe or unsuitable food
content:
15. —(1) A person must not sell food that the person knows or ought reasonably to know is unsafe. [48/2017] (2) A person must not sell food that the person knows or ought reasonably to know is unsuitable. [48/2017] (3) For the purposes of subsection (2), it is immaterial whether the food concerned is safe. [48/2017]


document_id: sfa-1973
provision_ref: s16
chapter: PART 3 - SALE OF FOOD
section: 16
title: Offences concerning labelling
content:
16. —(1) A person must not sell any food that is packaged or labelled in a manner that does not comply with all applicable requirements of this Act relating to identification and labelling of that food. [48/2017] (2) In a prosecution for an offence under section 20 for contravening subsection (1), it is not necessary for the prosecution to prove that the accused intended to commit the offence. [48/2017]


document_id: sfa-1973
provision_ref: s16A
chapter: PART 3 - SALE OF FOOD
section: 16A
title: Offences involving non-compliant advertising
content:
16A. —(1) This section applies to an advertisement relating to any food or prescribed food contact article that — ( a ) does not comply with all applicable requirements of this Act relating to advertisements promoting the food or that prescribed food contact article; ( b ) is false as to the age, composition, effects, nature, origin, purity, quality or strength of the food or the safety or suitability of the food or that prescribed food contact article; ( c ) is likely to deceive a buyer as to the age, composition, effects, nature, origin, purity, quality or strength of the food or the safety or suitability of the food or that prescribed food contact article; ( d ) is prohibited by an applicable requirement of this Act from being marked or attached to the kind of food or that prescribed food contact article, or packages containing that kind of food; ( e ) makes a statement prohibited by an applicable requirement of this Act to be made in an advertisement relating to the kind of food or that prescribed food contact article; ( f ) expressly or impliedly qualifies, or is contrary to, details required by an applicable requirement of this Act to be marked or attached to the kind of food, or packages containing that kind of food or that prescribed food contact article; ( g ) omits from the name or description of the food or the prescribed food contact article any word or words required by an applicable requirement of this Act to be included in the name or description marked on or attached to the kind of food or that prescribed food contact article, or packages containing that kind of food; ( h ) fails to make a statement required by an applicable requirement of this Act to be made in an advertisement relating to the kind of food or that prescribed food contact article; or ( i ) fails to show, in an advertisement shown on a screen, a word or words or statement required by paragraph ( g ) or ( h ) in clearly legible lettering for a sufficient length of time for an ordinary viewer to read them. [48/2017] (2) A person who is — ( a ) the person selling, promoting the sale, or appearing to promote the sale of any food or prescribed food contact article; or ( b ) the agent or employee of the person selling, promoting the sale, or appearing to promote the sale of any food or prescribed food contact article, must not publish an advertisement described in subsection (1) relating to the food or that prescribed food contact article. [48/2017] (3) In a prosecution for an offence under section 20 for contravening subsection (2), it is not necessary for the prosecution to prove that the accused intended to commit the offence. [48/2017] (4) In a prosecution for an offence under section 20 for contravening subsection (2) concerning an advertisement of a kind mentioned in subsection (1)( b ), the advertisement is taken to be false as to the relevant matter in that subsection unless evidence is adduced by the accused to the contrary. [48/2017] (5) To avoid doubt, subsection (4) does not — ( a ) have the effect that, merely because such evidence to the contrary is adduced, the advertisement is not false as to the relevant matter in subsection (1)( b ); or ( b ) have the effect of placing on any person the onus of proving that the advertisement is not false as to the relevant matter in subsection (1)( b ). [48/2017] (6) Without affecting section 32, in any proceedings for an offence under section 20 in relation to the publication of an advertisement in contravention of subsection (2), it is a defence to the charge for the accused to prove, on a balance of probabilities — ( a ) that — (i) the accused 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 (ii) 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 ) that the accused — (i) carried on the business of publishing or arranging for the publication of advertisements; and (ii) published or arranged for the publication of the advertisement in question in the ordinary course of that business. [48/2017] (7) However, subsection (6) does not apply if the accused concerned — ( a ) ought reasonably to have known that the publication of the advertisement was an offence under this Part; ( b ) had previously been informed in writing by or on behalf of the Director‑General that publication of such an advertisement would constitute an offence under this Part; or ( c ) is the proprietor of a food business or is otherwise engaged in the conduct of a food business for which the advertisements concerned were published. [48/2017; 11/2019]


document_id: sfa-1973
provision_ref: s17
chapter: PART 3 - SALE OF FOOD
section: 17
title: False labelling, etc.
content:
17. A person must not sell any food which is labelled or advertised in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its value, merit or safety.


document_id: sfa-1973
provision_ref: s18
chapter: PART 3 - SALE OF FOOD
section: 18
title: Sale of food not of the quality, etc., demanded
content:
18. A person must not sell to the prejudice of the purchaser any food which is not of the quality or not of the nature, or not of the substance of the food demanded by the purchaser.


document_id: sfa-1973
provision_ref: s19
chapter: PART 3 - SALE OF FOOD
section: 19
title: Sale of food prepared under insanitary conditions
content:
19. A person must not sell any food which is manufactured, prepared, preserved, packaged or stored under insanitary conditions.


document_id: sfa-1973
provision_ref: s21
chapter: PART 4 - NON-RETAIL FOOD BUSINESS
section: 21
title: Non-retail food business must be licensed
content:
21. A person must not carry on a non‑retail food business except in accordance with a licence issued to the person by the Director‑General under this Part. [48/2017]


document_id: sfa-1973
provision_ref: s22
chapter: PART 4 - NON-RETAIL FOOD BUSINESS
section: 22
title: Persons with infectious disease not to carry on business
content:
22. —(1) The Director‑General may require — ( a ) any person to whom a licence has been issued under this Part (called in this Act a licensee); ( b ) any assistant or employee of the licensee; or ( c ) any applicant for a licence under this Part, to submit to medical examination. (2) If such licensee, assistant, employee or applicant is suffering from or is suspected to be suffering from an infectious disease or is suspected to be a carrier thereof, the Director‑General may require the licensee, assistant, employee or applicant to undergo treatment. (3) The Director‑General may require that treatment to be obtained at any hospital as the Director‑General may think fit. (4) The Director‑General may require any licensee or any assistant or employee of the licensee to submit to immunisation against any infectious disease. (5) Every licensee must ensure that the licensee’s assistant or employee is immunised against any infectious disease as required by the Director‑General. (6) The Director‑General may, at any time, revoke or suspend any licence issued under this Part if — ( a ) the licensee is suffering from an infectious disease; ( b ) the licensee knowingly employs any person who is suffering from or is suspected to be suffering from an infectious disease; ( c ) the licensee or the licensee’s assistant or employee refuses to comply with any requisition made by the Director‑General under subsection (1), (2) or (3); or ( d ) the licensee does not comply with subsection (5).


document_id: sfa-1973
provision_ref: s23
chapter: PART 4 - NON-RETAIL FOOD BUSINESS
section: 23
title: Cleanliness of vehicles, equipment, etc.
content:
23. —(1) Any person who uses a vehicle to transport food must ensure that the surface of the vehicle with which the food is likely to come into contact is kept in a state of cleanliness, good order and condition so as to prevent any risk of contamination of the food. (2) The Director‑General may, by written notice, require any person who uses a vehicle to transport food to use or install in or on the vehicle any device or equipment as the Director‑General may think fit to ensure that the food carried in or on the vehicle will not be contaminated.


document_id: sfa-1973
provision_ref: s24
chapter: PART 4 - NON-RETAIL FOOD BUSINESS
section: 24
title: Offences under this Part, powers of arrest and notice to attend court
content:
24. —(1) Any person who contravenes any provision of this Part shall be guilty of an offence and may be arrested without warrant by any police officer or authorised officer and taken before a Magistrate’s Court. (2) Despite subsection (1) or any other written law for the time being in force, any police officer or authorised officer who, having effected an arrest under subsection (1), is satisfied as to the identity, name and place of residence of the person arrested, may, instead of taking the person before a Magistrate’s Court or to a police station, serve upon that person a notice in such form as may be required under section 53 requiring that person to attend at the Court described at the hour and on the date specified in the notice. (3) For the purpose of satisfying himself or herself as to the identity of the person arrested, the police officer or authorised officer may require the person arrested to furnish any evidence of identity as the police officer or authorised officer may consider necessary. (4) A duplicate of the notice served under subsection (2) 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 a Magistrate’s Court if so required by the Court. (5) On an accused appearing before a Magistrate’s Court under such a notice, the Court is to take cognizance of the offence alleged and is to proceed as though the accused were produced before it under subsection (1). (6) If a person upon whom a notice under subsection (2) has been served fails to appear before a Magistrate’s Court in accordance with the notice, the Court is to then issue a warrant for the arrest of that person. (7) Where a person is arrested under subsection (6), a Magistrate’s Court is to proceed as though the person were produced before it under subsection (1). [Act 31 of 2022 wef 01/11/2022]


document_id: sfa-1973
provision_ref: s25
chapter: PART 5 - PRESUMPTIONS OF LAW
section: 25
title: Adulteration
content:
25. For the purposes of this Act, any food is deemed to be adulterated if — ( a ) it contains or is mixed or diluted with any substance which diminishes in any manner its nutritive or other beneficial properties as compared with such food in a pure and normal state and in an undeteriorated and sound condition, or which in any other manner operates or may operate to the prejudice or disadvantage of the purchaser or consumer; ( b ) any substance or ingredient has been extracted or omitted from it, and by reason of such extraction or omission the nutritive or other beneficial properties of the food as sold are less than those of the food in its pure and normal state or the purchaser or consumer is or may be in any manner prejudiced; ( c ) it contains or is mixed or diluted with any substance of lower commercial value than such food in a pure and normal state and in an undeteriorated and sound condition; ( d ) it does not comply with the prescribed standard; or ( e ) it contains any substance which renders the food injurious to health.


document_id: sfa-1973
provision_ref: s26
chapter: PART 5 - PRESUMPTIONS OF LAW
section: 26
title: Liability of importer, packer or manufacturer
content:
26. Where any food or food contact article in connection with which there is a breach of any provision of this Act is sold in an unopened package, any person who appears from any statement thereon or attached thereto to have imported or manufactured or prepared that food or food contact article or to have enclosed it in that package is, unless proved to the contrary, deemed to have so imported, manufactured, prepared or enclosed that food or food contact article and shall be liable to the same fine as if that person had actually sold that food or food contact article, as the case may be. [48/2017]


document_id: sfa-1973
provision_ref: s27
chapter: PART 5 - PRESUMPTIONS OF LAW
section: 27
title: Sale by agent or employee
content:
27. For the purposes of this Act — ( a ) every person is deemed to sell any food or food contact article who sells the food or food contact article either on the person’s own account or as the agent or employee of any other person; and ( b ) in the case of any sale by an agent or employee, the agent’s or employee’s principal or employer shall be under the same liability as if the principal or employer had effected the sale personally. [48/2017]


document_id: sfa-1973
provision_ref: s28
chapter: PART 5 - PRESUMPTIONS OF LAW
section: 28
title: Presumptions as to sale for human consumption
content:
28. —(1) When any food or food contact article is sold or exposed or offered for sale, it is, unless the contrary is proved, deemed to be sold or exposed or offered for sale for human consumption or use. [48/2017] (2) The purchase and sale of a sample of any food under this Act for the purpose of analysis or examination is deemed to be a purchase and sale of such food for human consumption or use, unless the seller proves that the bulk from which the sample was taken was not offered, exposed or intended for sale for human consumption or use. (3) For the purposes of this Act every person is deemed to sell or to intend to sell any food if the person sells or intends to sell for human consumption any article of which the food is a constituent.


document_id: sfa-1973
provision_ref: s29
chapter: PART 6 - LEGAL PROCEEDINGS
section: 29
title: Jurisdiction of court
content:
29. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court and a Magistrate’s Court have jurisdiction to try any offence under this Act and have power to impose the full penalty or punishment in respect of any offence under this Act.


document_id: sfa-1973
provision_ref: s30
chapter: PART 6 - LEGAL PROCEEDINGS
section: 30
title: Proceedings for offences
content:
30. —(1) The summons in any such proceedings must not be made returnable in less than 14 days from the date on which it is served. (2) A copy of the authorised analyst’s certificate (if any) on which the prosecution is based, must be served with the summons.


document_id: sfa-1973
provision_ref: s31
chapter: PART 6 - LEGAL PROCEEDINGS
section: 31
title: No defence that purchaser bought for analysis
content:
31. In any proceedings under this Act, it is not a defence that the purchaser bought any food or food contact article for analysis or examination and therefore was not prejudiced. [48/2017]


document_id: sfa-1973
provision_ref: s32
chapter: PART 6 - LEGAL PROCEEDINGS
section: 32
title: No defence that offence not wilfully committed
content:
32. In a prosecution for selling any food or food contact article contrary to this Act, it is not a defence that the accused did not act wilfully, unless the accused also proves that the accused took all reasonable steps to ascertain that the sale of the food or food contact article would not constitute an offence under this Act. [48/2017]


document_id: sfa-1973
provision_ref: s33
chapter: PART 6 - LEGAL PROCEEDINGS
section: 33
title: Reliance on written warranty a good defence
content:
33. —(1) Subject to this section, it is a good defence in any prosecution for an offence under Part 3 if the accused proves that — ( a ) the accused purchased the food or food contact article sold by the accused in reliance on a written warranty or other written statement as to the nature of the food or food contact article purchased, signed by or on behalf of the person from whom the accused purchased the food or food contact article; ( b ) the accused had no reason to believe that the food or food contact article sold did not conform to such warranty or statement; and ( c ) if the food or food contact article had truly conformed to such warranty or statement, the sale of the food or food contact article by the accused would not have constituted the offence charged against the accused. [48/2017] (2) No warranty or other written statement given or made by a person resident outside Singapore is a defence under this section, unless the accused proves that the accused had taken reasonable steps to ascertain and did in fact believe in the truth of the matters set out in such warranty or statement. (3) No warranty or other written statement is a defence in any prosecution, unless the accused has, within 7 days after service of the summons, delivered to the prosecutor a copy of the warranty or statement with a written notice stating that the accused intends to rely on the warranty or statement and specifying the name and address of the person from whom the accused received it, and has also within the same time sent by registered post a like notice of the accused’s intention to such person. (4) When the accused is an employee or agent of the person who purchased the food or food contact article under such a warranty or written statement, the accused is, if the accused further proves that the accused had no reason to believe that the article did not conform to the warranty or statement, entitled to the benefit of this section in the same manner and to the same extent as the accused’s employer or principal would have been, if the accused’s employer or principal had been the accused. [48/2017] (5) Any person who in respect of any food or food contact article sold by the person as principal or agent gives to the purchaser a false written warranty shall be guilty of an offence, unless that person proves to the satisfaction of the court that when that person gave the warranty that person had reason to believe that the statements or descriptions contained in the warranty were true. [48/2017]


document_id: sfa-1973
provision_ref: s34
chapter: PART 6 - LEGAL PROCEEDINGS
section: 34
title: Authorised analyst’s certificate to be prima facie evidence
content:
34. —(1) The production by the prosecutor of a certificate of analysis purporting to be under the hand of an authorised analyst is sufficient evidence of the facts stated in the certificate, unless the accused requires the authorised analyst to be called as a witness, in which case the accused must give notice thereof to the prosecutor at least 3 clear days before the day on which the summons is returnable. (2) In like manner the production by the accused of a certificate of analysis purporting to be under the hand of an authorised analyst is sufficient evidence of the facts stated in the certificate, unless the prosecutor requires the authorised analyst to be called as a witness. (3) A copy of the certificate mentioned in subsection (2) must be sent to the prosecutor at least 3 clear days before the day fixed for the hearing of the summons, and, if it is not so sent, the District Court or the Magistrate’s Court (as the case may be) may adjourn the hearing on any terms that it thinks proper. 35. [ Repealed by Act 11 of 2019 ]


document_id: sfa-1973
provision_ref: s36
chapter: PART 6 - LEGAL PROCEEDINGS
section: 36
title: Non-disclosure of information
content:
36. —(1) A prosecutor or witness in any prosecution under this Act must not be compelled to disclose the fact that he or she received any information or the nature of the information or the name of any person who gave the information. (2) An authorised officer appearing as a prosecutor or witness must not be compelled to produce any confidential report or document made or received by him or her in his or her official capacity or to make any statement in relation to that report or document.


document_id: sfa-1973
provision_ref: s37
chapter: PART 6 - LEGAL PROCEEDINGS
section: 37
title: Recovery of fees and other expenses incidental to prosecution
content:
37. —(1) When any person is convicted of an offence under this Act, the court may order the person to pay all fees and other expenses incidental to the analysis of any food or food contact article in respect of which the conviction is obtained, and any other reasonable expenses incurred by the prosecution, must be paid by the person convicted. [48/2017; 11/2019] (2) All such fees and expenses are recoverable in the same manner as a fine is recoverable.


document_id: sfa-1973
provision_ref: s38
chapter: PART 6 - LEGAL PROCEEDINGS
section: 38
title: Fees, etc., payable to Agency
content:
38. All fees, charges and moneys collected under this Act (except financial penalties and composition sums collected under sections 46 and 50) must be paid to the Agency. [48/2017; 11/2019]


document_id: sfa-1973
provision_ref: s39
chapter: PART 6 - LEGAL PROCEEDINGS
section: 39
title: Appeal
content:
39. Any person aggrieved by any sentence or order under this Act passed or made by a District Court or a Magistrate’s Court may appeal to the General Division of the High Court against that sentence or order. [40/2019]


document_id: sfa-1973
provision_ref: s40
chapter: PART 7 - SUPPLEMENTARY PROVISIONS
section: 40
title: Sale of prohibited food contact article
content:
40. —(1) The Minister may, by notification in the Gazette , prohibit the import, advertising or sale of any food contact article which is, in the opinion of the Minister, injurious to life or health. [48/2017] (2) A person must not import, advertise or sell any food contact article in contravention of any notification mentioned in subsection (1). [48/2017] (3) Any person who contravenes subsection (2) shall be guilty of an offence. (4) Without affecting section 32, in any proceedings for an offence under subsection (3) in relation to the publication of an advertisement in contravention of subsection (2), it is a defence to the charge for the accused to prove, on a balance of probabilities — ( a ) that — (i) the accused 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 (ii) 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 ) that the accused — (i) carried on the business of publishing or arranging for the publication of advertisements; and (ii) published or arranged for the publication of the advertisement in question in the ordinary course of that business. [48/2017] (5) However, subsection (4) does not apply if the accused concerned — ( a ) ought reasonably to have known that the publication of the advertisement was an offence under subsection (3); or ( b ) had previously been informed in writing by or on behalf of the Director‑General that publication of such an advertisement would constitute an offence under subsection (3). [48/2017; 11/2019]


document_id: sfa-1973
provision_ref: s41
chapter: PART 7 - SUPPLEMENTARY PROVISIONS
section: 41
title: Obstruction of authorised officers and interference with official marks
content:
41. —(1) A person must not at any time hinder, obstruct or molest any authorised officer in the performance and execution of that authorised officer’s duty or of anything which that authorised officer is empowered or required to do by virtue or in consequence of or under this Act. (2) A person must not, without authority — ( a ) open, alter, break, remove or erase any mark, fastening or seal placed by an authorised officer under this Act upon any food or food contact article or upon any package, place, door or opening containing or affording access to any food or food contact article; or ( b ) remove any mark, line, sign or other direction drawn or set up for the purposes of this Act. [48/2017] (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence.


document_id: sfa-1973
provision_ref: s42
chapter: PART 7 - SUPPLEMENTARY PROVISIONS
section: 42
title: Forfeiture of food or food contact article upon conviction
content:
42. —(1) In the case of any conviction under this Act the District Court or the Magistrate’s Court (as the case may be) may order that any food or food contact article to which the conviction relates and any similar food or food contact article found on the accused’s premises or in the accused’s possession at the time of the commission of the offence, together with all packages or vessels containing the food or food contact article, be forfeited to the Agency. [48/2017; 11/2019] (2) Everything so forfeited to the Agency must be disposed of as the Director‑General thinks fit. [11/2019]


document_id: sfa-1973
provision_ref: s43
chapter: PART 7 - SUPPLEMENTARY PROVISIONS
section: 43
title: Notification of conviction
content:
43. A notification of the name and occupation of any person who has been convicted of any offence under this Act together with that person’s place or places of business, the nature of the offence and the fine, forfeiture or other penalty inflicted must, if the court so orders, be published by the Director‑General in the Gazette or any newspaper circulating in Singapore.


document_id: sfa-1973
provision_ref: s44
chapter: PART 7 - SUPPLEMENTARY PROVISIONS
section: 44
title: Service of summons, notice, etc.
content:
44. —(1) Any summons, notice, order or document required or authorised by this Act to be served on any person may be served — ( a ) by delivering it to the person or by delivering it at the person’s usual or last known place of residence to some adult member or employee of the person’s family; ( b ) by leaving it at the person’s usual or last known place of residence or business in a cover addressed to the person; or ( c ) by forwarding it by registered post addressed to the person at the person’s usual or last known place of residence or business. [48/2017] (2) Any summons, notice, order or document required or authorised by this Act to be served on any incorporated company or body, may be served — ( a ) by delivering it to the secretary of the company or body at its registered or principal office; or ( b ) by sending it by registered post addressed to the company or body at its registered or principal office. (3) Any summons, notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises may be served by delivering it or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the summons, notice, order or document to some conspicuous part of the premises. (4) Any summons, notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises is deemed properly addressed if addressed by the description of the owner or occupier of the premises without further name or description.


document_id: sfa-1973
provision_ref: s45
chapter: PART 7 - SUPPLEMENTARY PROVISIONS
section: 45
title: Appeal to Minister against notice, order or decision
content:
45. —(1) Subject to sections 10J and 46(14), any person who is aggrieved by any notice, order or decision of the Director‑General may, within 7 days of the notice, order or decision, appeal in writing to the Minister whereupon the execution of the notice, order or decision must be stayed. [48/2017] (2) The Minister may confirm, vary or rescind the notice, order or decision or direct that the thing be proceeded with, varied or abandoned (as the case may be) or make any order which the Director‑General is competent to make and the Minister’s decision is final. (3) The Minister may designate to hear and determine, in the Minister’s place, any appeals or a specific appeal under this section — ( a ) any Senior Minister of State or Minister of State, or Senior Parliamentary Secretary or Parliamentary Secretary, for his or her Ministry; or ( b ) any public officer in his or her Ministry not subordinate to the person whose decision is appealed against, and any reference in this section to the Minister includes a reference to the Senior Minister of State or Minister of State, or Senior Parliamentary Secretary or Parliamentary Secretary or public officer so designated for that appeal. [48/2017]


document_id: sfa-1973
provision_ref: s46
chapter: PART 7 - SUPPLEMENTARY PROVISIONS
section: 46
title: Licences
content:
46. —(1) The grant or renewal of any licence — ( a ) is in the discretion of the Director‑General; ( b ) may be granted, renewed or refused without any reason for the grant, renewal or refusal being assigned therefor; and ( c ) may be granted or renewed subject to any restrictions and conditions that the Director‑General may think fit. (2) The Director‑General may require any applicant for a licence to furnish such information and evidence that the Director‑General may reasonably require for a full and proper consideration of the application and, in the event of a refusal to furnish the information, must refuse to grant or renew the licence. (3) The Director‑General may, before granting or renewing any licence, require the applicant to give security, either in the form of a cash deposit or by entering into a bond, that the provisions of this Act and the conditions of the licence will be duly observed. (4) Where an applicant is required to enter into a bond, the Director‑General may require not more than 2 sureties to enter into the bond with the applicant. (5) Any sum deposited or bond entered into under this section is liable to forfeiture in whole or in part at the discretion of the Director‑General on cancellation of the licence. (6) Any person who wilfully furnishes any false information in any application for a licence shall be guilty of an offence and any licence granted is void and of no effect. (7) Subject to the provisions of this Act, any licence may be for any period that the Director‑General thinks fit. (8) There must be charged for the grant or renewal of any licence a fee prescribed, if any. (9) Where a licence is granted for less than 12 months, the Director‑General may charge a proportionate fee therefor; and in charging such proportionate fee, any part of a month is to be reckoned as one month. (10) A licensee is not entitled to any refund of any fee paid by the licensee in respect of any licence. (11) A person must not in any manner transfer any licence or permit any licence to be used by any other person without the written approval of the Director‑General. (12) Where a licensee — ( a ) is in breach of any restriction or condition subject to which the licence was granted; or ( b ) fails to comply with an applicable requirement of this Act, the non‑compliance with which is not an offence under this Act, the Director‑General may — ( c ) suspend or cancel the licence; and ( d ) in the case of paragraph ( a ), in lieu of or in addition to paragraph ( c ), impose a financial penalty of such amount, not exceeding $5,000, as the Director‑General thinks fit. [48/2017] (13) All financial penalties collected under this section must be paid into the Consolidated Fund. [48/2017] (14) Subject to the provisions of this Act, any person who is aggrieved by — ( a ) the refusal by the Director‑General to grant or renew a licence; ( b ) the suspension or cancellation by the Director‑General of any licence; ( c ) the imposition of any financial penalty by the Director‑General; or ( d ) the forfeiture of any sum deposited or bond entered into under this section, may, within 14 days of such refusal, suspension, cancellation, imposition of financial penalty or forfeiture, appeal to the Minister whose decision is final. (15) The Minister may designate to hear and determine, in the Minister’s place, any appeals or a specific appeal under subsection (14) — ( a ) any Senior Minister of State or Minister of State, or Senior Parliamentary Secretary or Parliamentary Secretary, for his or her Ministry; or ( b ) any public officer in his or her Ministry not subordinate to the person whose decision is appealed against, and any reference in that subsection to the Minister includes a reference to the Senior Minister of State or Minister of State, or Senior Parliamentary Secretary or Parliamentary Secretary or public officer so designated for that appeal. [48/2017] (16) In this section, “licence” includes any approval, permit, permission, authority, authorisation or licence which may be granted or renewed by the Director‑General under this Act.


document_id: sfa-1973
provision_ref: s47
chapter: PART 7 - SUPPLEMENTARY PROVISIONS
section: 47
title: Notices, receipts, etc., may be given by authorised officer
content:
47. —(1) All notices, orders, receipts, warrants and other documents which the Director‑General is empowered to give under this Act may be given by any other authorised officer. (2) Where any such notice, order, receipt, warrant or document requires authentication, the signature or a facsimile thereof of the Director‑General or an authorised officer affixed to that notice, order, receipt, warrant or document is sufficient authentication.


document_id: sfa-1973
provision_ref: s48
chapter: PART 7 - SUPPLEMENTARY PROVISIONS
section: 48
title: Police officers and authorised officers may demand names and addresses in certain cases
content:
48. —(1) Any person who is charged by any police officer or authorised officer with any offence under this Act must on demand give his or her name and address and other proof of identity to the police officer or authorised officer, if so required. (2) The occupier of any premises must, if required by any police officer or authorised officer, give his or her name and other proof of identity and the name and address of the owner of the premises, if known. (3) Any person who contravenes this section or wilfully mis-states his or her name and address or the name and address of the owner of any premises shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $300.


document_id: sfa-1973
provision_ref: s49
chapter: PART 7 - SUPPLEMENTARY PROVISIONS
section: 49
title: General penalties
content:
49. 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 $5,000 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 3 months or to both.


document_id: sfa-1973
provision_ref: s50
chapter: PART 7 - SUPPLEMENTARY PROVISIONS
section: 50
title: Composition of offences
content:
50. —(1) The Director‑General may compound any offence under this Act as may be prescribed as being an offence that may be compounded by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding $1,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) The Minister may make regulations to prescribe the offences which may be compounded and the method and procedure by which those offences may be compounded under this section. (4) All sums collected under this section must be paid into the Consolidated Fund. [48/2017]


document_id: sfa-1973
provision_ref: s51
chapter: PART 7 - SUPPLEMENTARY PROVISIONS
section: 51
title: Inaccuracies in documents
content:
51. —(1) No misnomer or inaccurate description of any person, premises, building, street or place named or described in any document prepared, issued or served under or for the purposes of this Act in any way affects the operation of this Act as respects that person or place if that person or place is so named or described in the document as to be identifiable. (2) No proceedings taken under this Act are to be invalid for want of form.


document_id: sfa-1973
provision_ref: s52
chapter: PART 7 - SUPPLEMENTARY PROVISIONS
section: 52
title: Evidence
content:
52. —(1) The content of any document prepared, issued or served under or for the purposes of this Act is, until the contrary is proved, presumed to be correct. (2) Every record, register and other document kept by any authorised officer for the purposes of this Act is deemed to be a public document, and a copy thereof or an extract therefrom certified by the officer responsible for the custody thereof to be a true copy or extract (as the case may be) and subscribed by such officer with his or her name and his or her official title is admissible in evidence as proof of the content of the document or extract therefrom.


document_id: sfa-1973
provision_ref: s53
chapter: PART 7 - SUPPLEMENTARY PROVISIONS
section: 53
title: Forms
content:
53. The Director‑General may design and utilise any forms the Director‑General thinks fit for any of the purposes of this Act, and may require any person to complete any of the forms for any such purpose.


document_id: sfa-1973
provision_ref: s54
chapter: PART 7 - SUPPLEMENTARY PROVISIONS
section: 54
title: Exemption from Act
content:
54. The Minister may, by order in the Gazette , exempt any class of persons, food businesses, premises, food or activities from the operation of all or any of the provisions of this Act or the food regulations. [48/2017]


document_id: sfa-1973
provision_ref: s55
chapter: PART 7 - SUPPLEMENTARY PROVISIONS
section: 55
title: Administrative exemption from Act
content:
55. —(1) The Director‑General may exempt, for a period specified in the exemption, a particular person, food business, premises, food or activity from the operation of all or any of the provisions of this Act or the food regulations where the Director‑General is personally satisfied that all of the following apply: ( a ) the risk to public health of providing the exemption is negligible; ( b ) there are other sufficient safeguards under this Act or any other written law, or by other means, to minimise any risk to public health in providing the exemption; ( c ) there are requirements in other written law or there are other means that deal with the matter to be exempted besides the applicable requirements of this Act; ( d ) the exemption is necessary or desirable to avoid unnecessary restrictions on trade. [48/2017] (2) An exemption under this section — ( a ) must be in writing and given to the particular person concerned; and ( b ) need not be published in the Gazette . [48/2017]


document_id: sfa-1973
provision_ref: s56
chapter: PART 7 - SUPPLEMENTARY PROVISIONS
section: 56
title: Regulations
content:
56. —(1) The Minister may make regulations — ( a ) to prescribe the standard of strength, weight, quality or quantity of any food or of any ingredient or component part thereof; ( b ) to prohibit the addition or use of any specified thing or of more than the specified quantity or proportion thereof to any food or food contact article; ( c ) to prohibit any modes of manufacture, preparation or preservation of any food or food contact article; ( d ) to secure the cleanliness and freedom from contamination of any food in the course of its manufacture, preparation, storage, packing, carriage, delivery, exposure for sale or sale and to secure the cleanliness of places, receptacles, food contact articles and vehicles used in such manufacture, preparation, storage, packing, carriage, delivery, exposure for sale or sale and to secure the proper conduct of places in which the sale or preparation for sale of food is carried on and for these purposes to require any person to submit to a medical examination; ( e ) regulating the identification and labelling of food or food contact articles for sale, including specifying the matter that must or must not be contained in any such label and the manner of labelling; ( f ) setting out standards for the maintenance, cleanliness, sanitation and hygiene of premises at which a non-retail food business is carried out; ( g ) setting out requirements and procedures for document control and recording by food businesses to achieve the safety and suitability of food and to support a secure and reliable supply of food, including — (i) the information that must be collected about food or a food contact article; (ii) the periods for which the information must be kept; and (iii) how, when and to whom that information must be reported; ( h ) setting out requirements that apply to imported food or food contact articles to ensure that the food or food contact article is safe and suitable and to support a secure and reliable supply of imported food in Singapore, including keeping of records in relation to the source or traceability and handling of the food or food contact article imported; ( i ) to prescribe the method of analysis of any food and form of certificate of analysis; ( j ) to fix the fees to be paid in respect of the analysis of the food by an authorised analyst and for any licence or registration issued or effected under this Act and for copies of a certificate of analysis; ( k ) prohibiting or regulating the promotion and advertising of food and food contact articles, including specifying the matter that must or must not be contained in any advertisement and the manner of promotion and advertising; ( l ) to prohibit the sale of specified food or food contact articles otherwise than by weight; ( m ) to prohibit or regulate whether by licence or otherwise the import or sale of separated or skimmed milk or filled milk or whey; ( n ) requiring, regulating or prohibiting the display or distribution, by a prescribed class of retail food businesses, in relation to a prescribed class of food which is sold by retail or displayed for sale by retail at the premises where the food business is carried out, of information of a kind prescribed, including providing for — (i) nutritional information that must be determined in a prescribed manner; and (ii) display in the manner (such as in a menu in printed or electronic form or a label), and at locations in those premises, prescribed for nutritional information of that kind; ( o ) to regulate the seizure and disposal of unwholesome meat, fish, fruit, vegetables or other food or drink exposed or intended for sale; ( p ) prescribing the fees to be paid in connection with the administration of this Act, and the waiver, reduction or refund of fees charged; ( q ) providing for any saving, transitional and other consequential, incidental and supplemental provisions that the Minister considers necessary or expedient; ( r ) to prescribe that any act or omission, or any contravention of the provisions of any regulations shall be an offence and to provide for the imposition of a fine not exceeding $5,000 and, in the case of a continuing offence, a further fine of $500 for every day or part of a day during which the offence continues after conviction; and ( s ) generally to carry out the purposes of this Act. [48/2017; 11/2019] (2) Any such regulations may be made applicable either to foods or food contact articles generally or to specified foods or food contact articles only. [48/2017] (3) The Minister may, in making any regulations, prescribe the circumstances in which it is presumed that an offence under the provisions of any such regulations was committed. (4) Any food regulation may adopt or incorporate by reference, with or without modification specified in the regulation, any matter contained in any code, standard, rule, requirement, specification or other document, as in force at a particular time or from time to time, which relates to any matter with which the food regulation deals, even if the code, standard, rule, requirement, specification or other document does not yet exist when the food regulation is made. [48/2017] (5) Any material applied, adopted or incorporated in any food regulation by reference under subsection (4) is to be treated for all purposes as forming part of the food regulation; and, unless otherwise provided in the food regulation, every amendment to any material incorporated by reference under subsection (4) that is made by the person or organisation originating the material is, subject to subsection (6), to be treated as being a part of the food regulation. [48/2017] (6) Where any material mentioned in subsection (4) is applied, adopted or incorporated by reference in any food regulation, the Minister must give notice in the Gazette stating — ( a ) that the material is incorporated in the food regulation and the date on which the relevant provision in the food regulation was made; ( b ) that the material is available for inspection during working hours, free of charge; ( c ) the place where the material can be inspected; ( d ) that copies of the material can be purchased; ( e ) the place where the material can be purchased; and ( f ) if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained. [48/2017] (7) The Minister may, in making any regulations, prescribe the circumstances when a trade mark may or may not be used on or in relation to any packaging or container of any particular food, or on any particular food, or in any advertisement relating to any particular food, but these circumstances and the operation of those regulations are not circumstances that make it reasonable or appropriate — ( a ) to not register the trade mark under the Trade Marks Act 1998; ( b ) to revoke the acceptance of an application for registration of the trade mark under that Act; ( c ) to register the trade mark subject to conditions or limitations under that Act; ( d ) to revoke the registration of the trade mark under that Act; or ( e ) to declare invalid under that Act the registration of the trade mark. [11/2019] (8) All regulations made under this Act must be published in the Gazette and must be presented to Parliament as soon as possible after publication. (9) Despite anything in any regulations made under this section, any person may, at any time within 12 months after the date of the publication in the Gazette of such regulations, sell any food the sale of which is otherwise lawful, if that person proves that at that date the food or food contact article was part of the existing stock-in-trade in Singapore of any person carrying on business there and that since that date no act has been done whereby the food or food contact article fails to conform to the requirements of those regulations. [48/2017] (10) For the purposes of subsection (9) any goods purchased before the date of the publication in the Gazette of such regulations for import into Singapore are deemed to form part of the purchasers’ stock-in-trade in Singapore.


document_id: sfa-2001
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “administering a designated benchmark” means — ( a ) controlling the development of the definition of a designated benchmark for the purpose of determining a designated benchmark; ( b ) controlling the development of the methodology of determining a designated benchmark; ( c ) controlling the review of the definition of a designated benchmark for the purpose of determining a designated benchmark; ( d ) controlling the review of the methodology of determining a designated benchmark; ( e ) managing any arrangements, processes or mechanisms for the purpose of determining a designated benchmark; ( f ) collecting, analysing or processing any information or expression of opinion for the purpose of determining a designated benchmark; ( g ) applying a formula or other methods of calculation to information or expressions of opinion in order to determine a designated benchmark; or ( h ) monitoring and conducting surveillance of any information or expressions of opinion provided for the purpose of determining a designated benchmark, but does not include providing information in relation to a designated benchmark or any act that is necessary or incidental to providing such information; “administering a financial benchmark” means — ( a ) controlling the development of the definition of a financial benchmark for the purpose of determining a financial benchmark; ( b ) controlling the development of the methodology of determining a financial benchmark; ( c ) controlling the review of the definition of a financial benchmark for the purpose of determining a financial benchmark; ( d ) controlling the review of the methodology of determining a financial benchmark; ( e ) managing any arrangements, processes or mechanisms for the purpose of determining a financial benchmark; ( f ) collecting, analysing or processing any information or expression of opinion for the purpose of determining a financial benchmark; ( g ) applying a formula or other methods of calculation to information or expressions of opinion in order to determine a financial benchmark; or ( h ) monitoring and conducting surveillance of any information or expressions of opinion provided for the purpose of determining a financial benchmark, but does not include providing information in relation to a financial benchmark or any act that is necessary or incidental to providing such information; “advising on corporate finance” has the meaning given in the Second Schedule; “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; “appointed representative”, in respect of a type of regulated activity, has the meaning given by section 99D, and “appointed representative” means an appointed representative in respect of any type of regulated activity; “approved clearing house” means a corporation that is approved by the Authority under section 51(1)( a ) as an approved clearing house; “approved exchange” means a corporation that is approved by the Authority under section 9(1)( a ) as an approved exchange; “approved holding company” means a corporation that is approved by the Authority under section 81W as an approved holding company; “auditor” means a public accountant who is registered or deemed to be registered under the Accountants Act 2004 and, in Division 1 of Part 13, when used in relation to an entity not being a company, includes — ( a ) a person who is duly registered, licensed, approved or otherwise authorised to practise as an auditor (such practice to include the issue of any opinion, report or other document on the audit of any financial statement) — (i) under the laws of the place where the entity is formed or constituted; or (ii) under the laws of the place of his or her practice, if the auditing standards that are or will be applied to the financial statements of the entity are — (A) auditing standards commonly applied in that place; or (B) international auditing standards (by whatever name called); or ( b ) such other person as the Authority may approve in any particular case to be an auditor for such entity; “authorised benchmark administrator” means a corporation that is authorised by the Authority under section 123F(1) as an authorised benchmark administrator; “authorised benchmark submitter” means a corporation that is authorised by the Authority under section 123ZE(1) as an authorised benchmark submitter; “Authority” means the Monetary Authority of Singapore established under the Monetary Authority of Singapore Act 1970; “book” includes any record, register, document or other record of information, and any account or accounting record, however compiled, recorded or stored, whether in written or printed form or on microfilm or in any other electronic form or otherwise; “business rules”, in relation to an approved holding company, an approved exchange, a recognised market operator, a licensed trade repository, a licensed foreign trade repository, an approved clearing house or a recognised clearing house, means the rules, regulations, by‑laws or such similar body of statements, by whatever name called, that govern the activities and conduct of — ( a ) the approved holding company, approved exchange, recognised market operator, approved clearing house or recognised clearing house and its members, or the licensed trade repository or licensed foreign trade repository and its participants; and ( b ) other persons in relation to it, whether or not those rules, regulations, by‑laws or similar body of statements are made by the approved holding company, approved exchange, recognised market operator, licensed trade repository, licensed foreign trade repository, approved clearing house or recognised clearing house or are contained in its constituent documents; but does not include the listing rules of an approved exchange or a recognised market operator (which is an overseas exchange); “business trust” has the meaning given by section 2 of the Business Trusts Act 2004; “capital markets products” means any securities, units in a collective investment scheme, derivatives contracts, spot foreign exchange contracts for the purposes of leveraged foreign exchange trading, and such other products as the Authority may prescribe as capital markets products; “capital markets services licence” means a licence that is granted by the Authority under section 86 to a person to carry on a business in any regulated activity; “chairperson” means a chairperson of a board of directors; “chief executive officer”, in relation to an approved exchange, a recognised market operator, a licensed trade repository, a licensed foreign trade repository, an approved clearing house, a recognised clearing house, an approved holding company, the holder of a capital markets services licence, an authorised benchmark administrator, an authorised benchmark submitter, a designated benchmark submitter or any other corporation (called in this definition a relevant person) means any person, by whatever name called, who is — ( a ) in the direct employment of, or acting for or by arrangement with, the relevant person; and ( b ) principally responsible for the management and conduct of the business of the relevant person in Singapore; “clearing facility” has the meaning given in Part 2 of the First Schedule; “clearing or settlement” has the meaning given in Part 2 of the First Schedule; “closed‑end fund” means an arrangement referred to in paragraph ( a ) or ( b ) of the definition of “collective investment scheme” under which units that are issued are exclusively or primarily non‑redeemable at the election of the holders of units, but does not include — ( a ) an arrangement mentioned in paragraph ( a ) of that definition — (i) which is a trust; (ii) which invests primarily in real estate and real estate‑related assets specified by the Authority in the Code on Collective Investment Schemes; and (iii) all or any units of which are listed for quotation on an approved exchange; ( aa ) an arrangement mentioned in paragraph ( a ) of that definition which — (i) has all of the following characteristics: (A) the arrangement is constituted in the form of an entity, a sub‑fund or as a trust on or after 1 July 2013; (B) under the investment policy of the arrangement, investments are made for the purpose of giving participants in the arrangement the benefit of the results of the investments of the arrangement; (C) the arrangement does not carry on any business other than investment business and does not carry on any activity other than any activity that is solely incidental to the investment business; and (ii) has at least one of the following characteristics: (A) the investment policy of the arrangement is clearly set out in a document that is provided to each participant in the arrangement before, or at the time, the participant first invests in the arrangement; (B) the entity, sub‑fund or trust of which the arrangement is constituted is contractually bound to every participant in the arrangement to comply with the investment policy of the arrangement, as may be amended from time to time; (C) the investment policy of the arrangement sets out the types of property which the arrangement is authorised to invest in, and the investment guidelines or restrictions that apply to the arrangement; or ( b ) an arrangement referred to in paragraph ( a ) of that definition which is, or which belongs to a class or description of arrangements which is, specified by the Authority, by notification in the Gazette , to be an arrangement that is not a closed‑end fund, or a class or description of arrangements that are not closed‑end funds, as the case may be; “Code on Collective Investment Schemes” means the Code on Collective Investment Schemes referred to in section 284 which is issued by the Authority under section 321(1); “collective investment scheme” means — ( a ) an arrangement in respect of any property — (i) under which the participants do not have day‑to‑day control over the management of the property, whether or not the participants have the right to be consulted or to give directions in respect of such management; (ii) under which either or both of the following characteristics are present: (A) the property is managed as a whole by or on behalf of a manager; (B) the contributions of the participants, and the profits or income out of which payments are to be made to the participants, are pooled; and (iii) under which either or both of the following characteristics are present: (A) the effect of the arrangement is to enable the participants (whether by acquiring any right, interest, title or benefit in the property or any part of the property or otherwise) — (AA) to participate in or receive profits, income, or other payments or returns arising from the acquisition, holding, management, disposal, exercise, redemption or expiry of, any right, interest, title or benefit in the property or any part of the property; or (AB) to receive sums paid out of such profits, income, or other payments or returns; (B) the purpose, purported purpose or purported effect of the arrangement is to enable the participants (whether by acquiring any right, interest, title or benefit in the property or any part of the property or otherwise) — (BA) to participate in or receive profits, income, or other payments or returns arising from the acquisition, holding, management, disposal, exercise, redemption or expiry of, any right, interest, title or benefit in the property or any part of the property; or (BB) to receive sums paid out of such profits, income, or other payments or returns, whether or not — (BC) the arrangement provides for the participants to receive any benefit other than those set out in sub‑paragraph (BA) or (BB) in the event that the purpose, purported purpose or purported effect is not realised; or (BD) the purpose, purported purpose or purporte


document_id: sfa-2001
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Associated person
content:
3. —(1) Unless the context otherwise requires, any reference in this Act to a person associated with another person is a reference to — ( a ) where the other person is a corporation — (i) a director or secretary of the corporation; (ii) a related corporation; or (iii) a director or secretary of such a related corporation; ( b ) where the matter to which the reference relates is the extent of a power to exercise, or to control the exercise of, the voting power attached to voting shares in a corporation, a person with whom the other person has, or proposes to enter into, an agreement, arrangement, understanding or undertaking, whether formal or informal, or express or implied — (i) by reason of which either of those persons may exercise, directly or indirectly, control the exercise of, or substantially influence the exercise of, any voting power attached to a share in the corporation; (ii) with a view to controlling or influencing the composition of the board of directors, or the conduct of affairs, of the corporation; or (iii) under which either of those persons may acquire from the other of them shares in the corporation or may be required to dispose of such shares in accordance with the directions of the other of them, except that, in relation to a matter relating to shares in a corporation, a person may be an associate of the corporation and the corporation may be an associate of a person; ( c ) a person with whom the other person is acting, or proposes to act, in concert in relation to the matter to which the reference relates; ( d ) where the matter to which the reference relates is a matter, other than the extent of a power to exercise, or to control the exercise of, the voting power attached to voting shares in a corporation — (i) subject to subsection (2), a person who is a director of a corporation of which the other person is a director; or (ii) a trustee of a trust in relation to which the other person benefits or is capable of benefiting otherwise than by reason of transactions entered into in the ordinary course of business in connection with the lending of money; ( e ) a person with whom the other person is, according to any subsidiary legislation made under this Act, to be regarded as associated in respect of the matter to which the reference relates; ( f ) a person with whom the other person is, or proposes to become, associated, whether formally or informally, in any other way in respect of the matter to which the reference relates; or ( g ) where the other person has entered into, or proposes to enter into, a transaction, or has done, or proposes to do, any other act or thing, with a view to becoming associated with a person as referred to in paragraph ( a ), ( b ), ( c ), ( d ), ( e ) or ( f ), that last‑mentioned person. (2) Where, in any proceedings under this Act, it is alleged that a person referred to in subsection (1)( d )(i) was associated with another person at a particular time, the firstmentioned person is not considered to be so associated in relation to a matter to which the proceedings relate unless the person alleging the association proves that the firstmentioned person at that time knew or ought reasonably to have known the material particulars of that matter. (3) A person ( A ) is not taken to be associated with another person by virtue of subsection (1)( b ), ( c ), ( e ) or ( f ) by reason only of one or more of the following: ( a ) that one of those persons ( B ) provides advice to, or acts on behalf of, A in the proper performance of the functions attaching to B ’s professional capacity or to B ’s business relationship with A ; ( b ) that one of those persons, a customer, gives specific instructions to A , whose ordinary business includes dealing in capital markets products, to acquire shares on the customer’s behalf in the ordinary course of that business; ( c ) that one of those persons has sent, or proposes to send, to A a take‑over offer, or has made, or proposes to make, offers under a take‑over announcement, within the meaning of the Take‑over Code, in relation to shares held by A ; ( d ) that one of those persons has appointed A , otherwise than for valuable consideration given by A or by an associate of A , to vote as a proxy or representative at a meeting of members, or of a class of members, of a corporation. [4/2017]


document_id: sfa-2001
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title:
Interest in securities, securities‑based derivatives contracts or units in collective investment scheme

content:
4. —(1) Subject to this section, a person has an interest in securities, securities‑based derivatives contracts or units in a collective investment scheme, if the person has authority (whether formal or informal, or express or implied) to dispose of, or to exercise control over the disposal of, those securities, securities‑based derivatives contracts or units in a collective investment scheme, as the case may be. [4/2017] (2) For the purposes of subsection (1), it is immaterial that the authority of a person to dispose of, or to exercise control over the disposal of, particular securities, securities‑based derivatives contracts or units in a collective investment scheme (as the case may be) is, or is capable of being made, subject to restraint or restriction. [4/2017] (3) Where any property held in trust consists of or includes securities, securities‑based derivatives contracts or units in a collective investment scheme, and a person knows, or has reasonable grounds for believing, that the person has an interest under the trust, the person is treated as having an interest in those securities, securities‑based derivatives contracts or units in a collective investment scheme, as the case may be. [4/2017] (4) A person is treated as having an interest in a security, securities‑based derivatives contract or unit in a collective investment scheme if a corporation has, or is by the provisions of this section treated as having, an interest in that security, securities‑based derivatives contract or unit in a collective investment scheme (as the case may be) and — ( a ) the corporation is, or its directors are, accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person; or ( b ) the person has a controlling interest in the corporation. [4/2017] [Act 12 of 2024 wef 30/08/2024] (5) A person is treated as having an interest in a security, securities‑based derivatives contract or unit in a collective investment scheme if — ( a ) a corporation has, or is by the provisions of this section (apart from this subsection) treated as having, an interest in that security, securities‑based derivatives contract or unit in a collective investment scheme, as the case may be; and ( b ) the person, the associates of the person, or the person and the person’s associates are entitled to exercise or control the exercise of not less than 20% of the votes attached to the voting shares in the corporation. [4/2017] (6) For the purposes of subsection (5), a person is an associate of another person if the firstmentioned person is — ( a ) a subsidiary of that other person; ( b ) a person who is accustomed or is under an obligation whether formal or informal to act in accordance with the directions, instructions or wishes of that other person in relation to the security, securities‑based derivatives contract or unit in a collective investment scheme (as the case may be) referred to in subsection (5); or ( c ) a corporation 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 that other person in relation to that security, securities‑based derivatives contract or unit in a collective investment scheme, as the case may be. [35/2014; 4/2017] (7) A person is treated as having an interest in a security, securities‑based derivatives contract or unit in a collective investment scheme in any one or more of the following circumstances: ( a ) where the person has entered into a contract to purchase the security, securities‑based derivatives contract or unit in a collective investment scheme, as the case may be; ( b ) where the person has a right, otherwise than by reason of having an interest under a trust, to have the security, securities‑based derivatives contract or unit in a collective investment scheme (as the case may be), transferred to the person or to the person’s order, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; ( c ) where the person has the right to acquire any of the following under an option, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not: (i) the security, securities‑based derivatives contract or unit in a collective investment scheme, as the case may be; (ii) an interest in the security, securities‑based derivatives contract or unit in a collective investment scheme, as the case may be; ( d ) where the person is entitled, otherwise than by reason of the person having been appointed a proxy or representative to vote at a meeting of members of a corporation or of a class of its members, to exercise or control the exercise of a right attached to any of the following, as the case may be: (i) the security, not being a security of which the person is a registered holder; (ii) the securities‑based derivatives contract, not being a contract to which the person is a party; (iii) the unit in a collective investment scheme, not being a unit of which the person is a registered holder. [4/2017] (8) A person is treated as having an interest in a security, securities‑based derivatives contract or unit in a collective investment scheme if that security, securities‑based derivatives contract or unit in a collective investment scheme (as the case may be) is held jointly by the person with another person. [4/2017] (9) For the purpose of determining whether a person has an interest in a security, securities‑based derivatives contract or unit in a collective investment scheme, it is immaterial that the interest cannot be related to a particular security, securities‑based derivatives contract or unit in a collective investment scheme, as the case may be. [4/2017] (10) The following interests are to be disregarded: ( a ) an interest in a security, securities‑based derivatives contract or unit in a collective investment scheme if the interest is that of a person who holds the security, securities‑based derivatives contract or unit in a collective investment scheme (as the case may be) as bare trustee; ( b ) an interest in a security, securities‑based derivatives contract or unit in a collective investment scheme if — (i) the interest is that of a person whose ordinary business includes the lending of money; and (ii) the person holds the interest only by way of security for the purposes of a transaction entered into in the ordinary course of business in connection with the lending of money; ( c ) an interest of a person in a security, securities‑based derivatives contract or unit in a collective investment scheme if that interest is an interest held by the person by reason of the person holding a prescribed office; ( d ) an interest of a company in its own securities if that interest is purchased or otherwise acquired in accordance with sections 76B to 76G of the Companies Act 1967; ( e ) a prescribed interest in a security, securities‑based derivatives contract or unit in a collective investment scheme being an interest of such person, or of the persons included in such class of persons, as may be prescribed; ( f ) for the purposes of Part 7, an interest in a securities‑based derivatives contract the obligations under which are to be discharged by one party to the other at some future time by cash settlement only. [4/2017] (11) An interest in a security, securities‑based derivatives contract or unit in a collective investment scheme is not to be disregarded by reason only of — ( a ) its remoteness; ( b ) the manner in which it arose; or ( c ) the fact that the exercise of a right conferred by the interest is, or is capable of being made subject to restraint or restriction. [4/2017]


document_id: sfa-2001
provision_ref: s4A
chapter: PART 1 - PRELIMINARY
section: 4A
title: Specific classes of investors
content:
4A. —(1) Subject to subsection (2), unless the context otherwise requires — ( a ) “accredited investor” means — (i) an individual — (A) whose net personal assets exceed in value $2 million (or its equivalent in a foreign currency) or such other amount as the Authority may prescribe in place of the first amount; (B) whose financial assets (net of any related liabilities) exceed in value $1 million (or its equivalent in a foreign currency) or such other amount as the Authority may prescribe in place of the first amount, where “financial asset” means — (BA) a deposit as defined in section 4B of the Banking Act 1970; (BB) an investment product as defined in section 2(1) of the Financial Advisers Act 2001; or (BC) any other asset as may be prescribed by regulations made under section 341; or (C) whose income in the preceding 12 months is not less than $300,000 (or its equivalent in a foreign currency) or such other amount as the Authority may prescribe in place of the first amount; (ii) a corporation with net assets exceeding $10 million in value (or its equivalent in a foreign currency) or such other amount as the Authority may prescribe, in place of the first amount, as determined by — (A) the most recent audited balance sheet of the corporation; or (B) where the corporation is not required to prepare audited accounts regularly, a balance sheet of the corporation certified by the corporation as giving a true and fair view of the state of affairs of the corporation as of the date of the balance sheet, which date must be within the preceding 12 months; (iii) the trustee of such trust as the Authority may prescribe, when acting in that capacity; or (iv) such other person as the Authority may prescribe; ( b ) “expert investor” means — (i) a person whose business involves the acquisition and disposal, or the holding, of capital markets products, whether as principal or agent; (ii) the trustee of such trust as the Authority may prescribe, when acting in that capacity; or (iii) such other person as the Authority may prescribe; ( c ) “institutional investor” means — (i) the Government; (ii) a statutory board as may be prescribed by regulations made under section 341; (iii) an entity that is wholly and beneficially owned, whether directly or indirectly, by a central government of a country and whose principal activity is — (A) to manage its own funds; (B) to manage the funds of the central government of that country (which may include the reserves of that central government and any pension or provident fund of that country); or (C) to manage the funds (which may include the reserves of that central government and any pension or provident fund of that country) of another entity that is wholly and beneficially owned, whether directly or indirectly, by the central government of that country; (iv) any entity — (A) that is wholly and beneficially owned, whether directly or indirectly, by the central government of a country; and (B) whose funds are managed by an entity mentioned in sub‑paragraph (iii); (v) a central bank in a jurisdiction other than Singapore; (vi) a central government in a country other than Singapore; (vii) an agency (of a central government in a country other than Singapore) that is incorporated or established in a country other than Singapore; (viii) a multilateral agency, international organisation or supranational agency as may be prescribed by regulations made under section 341; (ix) a bank that is licensed under the Banking Act 1970; (x) a merchant bank that is licensed under the Banking Act 1970; (xi) a finance company that is licensed under the Finance Companies Act 1967; (xii) a company or co‑operative society that is licensed under the Insurance Act 1966 to carry on insurance business in Singapore; (xiii) a company licensed under the Trust Companies Act 2005; (xiv) a holder of a capital markets services licence; (xv) an approved exchange; (xvi) a recognised market operator; (xvii) an approved clearing house; (xviii) a recognised clearing house; (xix) a licensed trade repository; (xx) a licensed foreign trade repository; (xxi) an approved holding company; (xxii) a Depository as defined in section 81SF; (xxiii) an entity or a trust formed or incorporated in a jurisdiction other than Singapore, which is regulated for the carrying on of any financial activity in that jurisdiction by a public authority of that jurisdiction that exercises a function that corresponds to a regulatory function of the Authority under this Act, the Banking Act 1970, the Finance Companies Act 1967, the Financial Services and Markets Act 2022, the Monetary Authority of Singapore Act 1970, the Insurance Act 1966, the Trust Companies Act 2005 or such other Act as may be prescribed by regulations made under section 341; [Act 18 of 2022 wef 28/04/2023] (xxiv) a pension fund, or collective investment scheme, whether constituted in Singapore or elsewhere; (xxv) a person (other than an individual) who carries on the business of dealing in bonds with accredited investors or expert investors; (xxvi) the trustee of such trust as the Authority may prescribe, when acting in that capacity; or (xxvii) such other person as the Authority may prescribe. [4/2017; 1/2020] (1A) In determining the value of an individual’s net personal assets for the purposes of subsection (1)( a )(i)(A), the value of the individual’s primary residence — ( a ) is to be calculated by deducting any outstanding amounts in respect of any credit facility that is secured by the residence from the estimated fair market value of the residence; and ( b ) is taken to be the lower of the following: (i) the value calculated under paragraph ( a ); (ii) $1 million. [4/2017] (2) The definitions in subsection (1) may be subject to such modifications as the Authority may prescribe for any specified provision of this Act.


document_id: sfa-2001
provision_ref: s4B
chapter: PART 1 - PRELIMINARY
section: 4B
title: Application
content:
4B. This Act does not apply to a person in respect of whom a transitional approval or transitional licence mentioned in section 66 of the Commodity Trading Act 1992 is in force, to the extent that the activities carried out by the person are regulated under, and authorised by, that section. [4/2017]


document_id: sfa-2001
provision_ref: s5
chapter: PART 2 - ORGANISED MARKETS
section: 5
title: Objectives of this Part
content:
5. The objectives of this Part are — ( a ) to promote fair, orderly and transparent markets; ( b ) to facilitate efficient markets for the allocation of capital and the transfer of risks; and ( c ) to reduce systemic risk. [4/2017]


document_id: sfa-2001
provision_ref: s6
chapter: PART 2 - ORGANISED MARKETS
section: 6
title: Interpretation of this Part
content:
6. In this Part, unless the context otherwise requires — “foreign corporation” means a corporation that is formed or incorporated outside Singapore; “Singapore corporation” means a corporation that is formed or incorporated in Singapore; [Act 12 of 2024 wef 24/01/2025] “Singapore recognised market operator” means a recognised market operator that is a Singapore corporation. [4/2017] [Act 12 of 2024 wef 24/01/2025] Division 1 &#x2014; Establishment of Organised Markets


document_id: sfa-2001
provision_ref: s7
chapter: PART 2 - ORGANISED MARKETS
section: 7
title: Requirement for approval or recognition
content:
7. —(1) A person must not establish or operate an organised market, or hold itself out as operating an organised market, unless the person is — ( a ) an approved exchange; or ( b ) a recognised market operator. [4/2017] (2) A person must not hold itself out — ( a ) as an approved exchange, unless the person is an approved exchange; or ( b ) as a recognised market operator, unless the person is a recognised market operator. [4/2017] (3) Except with the written approval of the Authority, a person, other than an approved exchange or a recognised market operator, must not take or use, or have attached to or exhibited at any place — ( a ) the title or description “securities exchange”, “stock exchange”, “futures exchange” or “derivatives exchange” in any language; or ( b ) any title or description that resembles a title or description referred to in paragraph ( a ). [4/2017] (4) Any person who contravenes subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 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 $25,000 for every day or part of a day during which the offence continues after conviction. [4/2017] (5) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction. [4/2017] (6) Despite section 337(1), the Authority may, by regulations made under section 44, exempt any corporation or class of corporations from subsection (1), subject to such conditions or restrictions as the Authority may prescribe in those regulations. [4/2017] (7) The Authority may, by written notice, exempt any corporation from subsection (1), subject to such conditions or restrictions as the Authority may specify by written notice, if the Authority is satisfied that the exemption will not detract from the objectives specified in section 5. [4/2017] (8) It is not necessary to publish any exemption granted under subsection (7) in the Gazette . [4/2017] (9) The Authority may, at any time, by written notice — ( a ) add to the conditions or restrictions mentioned in subsection (7); or ( b ) vary or revoke any condition or restriction mentioned in that subsection. [4/2017] (10) Every corporation that is exempted under subsection (6) must satisfy every condition or restriction imposed on it under that subsection. [4/2017] (11) Every corporation that is exempted under subsection (7) must, for the duration of the exemption, satisfy every condition or restriction imposed on it under that subsection and subsection (9). [4/2017] (12) Any corporation which contravenes subsection (10) or (11) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $15,000 for every day or part of a day during which the offence continues after conviction. [4/2017]


document_id: sfa-2001
provision_ref: s8
chapter: PART 2 - ORGANISED MARKETS
section: 8
title: Application for approval or recognition
content:
8. —(1) A Singapore corporation may apply to the Authority to be — ( a ) approved as an approved exchange; or ( b ) recognised as a recognised market operator. [4/2017] (2) A foreign corporation may apply to the Authority to be recognised as a recognised market operator. [4/2017] (3) An application made under subsection (1) or (2) must be — ( a ) made in such form and manner as the Authority may specify; and ( b ) accompanied by a non‑refundable application fee of an amount prescribed by regulations made under section 44, which must be paid in the manner specified by the Authority. [4/2017] (4) The Authority may require an applicant to provide the Authority with such information or documents as the Authority considers necessary in relation to the application. [4/2017]


document_id: sfa-2001
provision_ref: s9
chapter: PART 2 - ORGANISED MARKETS
section: 9
title: Power of Authority to approve exchanges and recognise market operators
content:
9. —(1) Where a Singapore corporation makes an application under section 8(1), the Authority may — ( a ) in the case of an application to be approved as an approved exchange, approve the Singapore corporation as an approved exchange; or ( b ) in the case of an application to be recognised as a recognised market operator, recognise the Singapore corporation as a recognised market operator. [4/2017] (2) Where a foreign corporation makes an application under section 8(2), the Authority may recognise the foreign corporation as a recognised market operator. [4/2017] (3) Despite subsection (1), the Authority may, with the consent of the applicant — ( a ) treat an application under section 8(1)( a ) as an application under section 8(1)( b ) if the Authority is of the opinion that the applicant would be more appropriately regulated as a recognised market operator; or ( b ) treat an application under section 8(1)( b ) as an application under section 8(1)( a ) if the Authority is of the opinion that the applicant would be more appropriately regulated as an approved exchange. [4/2017] (4) The Authority may approve a Singapore corporation as an approved exchange under subsection (1)( a ), recognise a Singapore corporation as a recognised market operator under subsection (1)( b ), or recognise a foreign corporation as a recognised market operator under subsection (2), subject to such conditions or restrictions of a general or specific nature as the Authority may impose by written notice, including conditions or restrictions relating to — ( a ) the activities that the corporation may undertake; ( b ) the products that may be traded on any organised market established or operated by the corporation; ( c ) the nature of the investors or participants who may use, invest in, or participate in any product traded on any organised market established or operated by the corporation; and ( d ) the financial requirements to be imposed on the corporation. [4/2017] (5) The Authority may, at any time, by written notice to the corporation, vary any condition or restriction or impose further conditions or restrictions. [4/2017] (6) An approved exchange or a recognised market operator must, for the duration of the approval or recognition, satisfy every condition or restriction that may be imposed on it under subsections (4) and (5). [4/2017] (7) The Authority must not approve an applicant as an approved exchange, or recognise an applicant as a recognised market operator, unless the applicant meets such requirements, including minimum financial requirements, as the Authority may prescribe by regulations made under section 44, either generally or specifically. [4/2017] (8) The Authority may refuse to approve a Singapore corporation as an approved exchange, or recognise a Singapore corporation or foreign corporation (as the case may be) as a recognised market operator, if — ( a ) the corporation has not provided the Authority with such information as the Authority may require, relating to — (i) the corporation or any person employed by or associated with the corporation for the purposes of the corporation’s business; or (ii) any circumstances likely to affect the corporation’s manner of conducting business or operations; ( b ) any information or document provided by the corporation to the Authority is false or misleading; ( c ) the corporation or a substantial shareholder of the corporation is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere; ( d ) an enforcement order against the corporation or a substantial shareholder of the corporation 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 a person in an equivalent capacity has been appointed, whether in Singapore or elsewhere, in relation to, or in respect of, any property of the corporation or a substantial shareholder of the corporation; ( f ) the corporation or a substantial shareholder of the corporation has, whether in Singapore or elsewhere, entered into a compromise or scheme of arrangement with the creditors of the corporation or shareholder (as the case may be) being a compromise or scheme of arrangement that is still in operation; ( g ) the corporation, a substantial shareholder of the corporation or any officer of the corporation — (i) has been convicted, whether in Singapore or elsewhere, of an offence committed before, on or after 8 October 2018, involving fraud or dishonesty or the conviction for which involved a finding that the corporation, shareholder or officer (as the case may be) had acted fraudulently or dishonestly; or (ii) has been convicted of an offence under this Act committed before, on or after 8 October 2018; ( h ) the Authority is not satisfied as to the educational or other qualifications or experience of the officers or employees of the corporation, having regard to the nature of the duties they are to perform in connection with the establishment or operation of any organised market; ( i ) the corporation fails to satisfy the Authority that the corporation is a fit and proper person or that all of its officers, employees and substantial shareholders are fit and proper persons; ( j ) the Authority has reason to believe that the corporation may not be able to act in the best interests of investors or its members, participants or customers, having regard to the reputation, character, financial integrity and reliability of the corporation or its officers, employees or substantial shareholders; ( k ) the Authority is not satisfied as to — (i) the financial standing of the corporation or any of its substantial shareholders; or (ii) the manner in which the business of the corporation is to be conducted; ( l ) the Authority is not satisfied as to the record of past performance or expertise of the corporation, having regard to the nature of the business or operations which the corporation may carry on or conduct in connection with the establishment or operation of any organised market; ( m ) there are other circumstances that are likely to — (i) lead to the improper conduct of business or operations by the corporation or any of its officers, employees or substantial shareholders; or (ii) reflect discredit on the manner of conducting the business or operations of the corporation or any of its substantial shareholders; ( n ) in the case of any organised market that the corporation operates, the Authority has reason to believe that the corporation, or any of its officers or employees, will not operate a fair, orderly and transparent organised market; ( o ) the corporation does not satisfy the criteria prescribed under section 10 to be approved as an approved exchange or recognised as a recognised market operator, as the case may be; or ( p ) the Authority is of the opinion that it would be contrary to the interests of the public to approve or recognise the corporation. [4/2017] (9) Subject to subsection (10), the Authority must not refuse to approve a Singapore corporation as an approved exchange, or recognise a Singapore corporation or foreign corporation (as the case may be) as a recognised market operator, under subsection (8), without giving the corporation an opportunity to be heard. [4/2017] (10) The Authority may refuse to approve a Singapore corporation as an approved exchange, or recognise a Singapore corporation or foreign corporation (as the case may be) as a recognised market operator, on any of the following grounds without giving the corporation an opportunity to be heard: ( a ) the corporation is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere; ( b ) a receiver, a receiver and manager or a person in an equivalent capacity has been appointed, whether in Singapore or elsewhere, in relation to, or in respect of, any property of the corporation; ( c ) the corporation has been convicted, whether in Singapore or elsewhere, of an offence committed before, on or after 8 October 2018, involving fraud or dishonesty or the conviction for which involved a finding that it had acted fraudulently or dishonestly. [4/2017] (11) The Authority must give notice in the Gazette of any corporation approved as an approved exchange under subsection (1)( a ) or recognised as a recognised market operator under subsection (1)( b ) or (2), and such notice may include all or any of the conditions and restrictions imposed by the Authority on the corporation under subsections (4) and (5). [4/2017] (12) Any applicant who is aggrieved by a refusal of the Authority to approve the applicant under subsection (1)( a ) or a refusal of the Authority to recognise the applicant under subsection (1)( b ) or (2) may, within 30 days after the applicant is notified of the refusal, appeal to the Minister whose decision is final. [4/2017] (13) Any approved exchange or recognised market operator which contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $15,000 for every day or part of a day during which the offence continues after conviction. [4/2017]


document_id: sfa-2001
provision_ref: s10
chapter: PART 2 - ORGANISED MARKETS
section: 10
title: General criteria to be taken into account by Authority
content:
10. —(1) The Authority may by regulations made under section 44 prescribe the criteria that the Authority may take into account for the purposes of deciding — ( a ) whether a Singapore corporation mentioned in section 8(1) or 12(1) should be approved as an approved exchange or recognised as a recognised market operator; ( b ) whether a foreign corporation mentioned in section 8(2) should be recognised as a recognised market operator; and ( c ) whether an approved exchange or a recognised market operator that is subject to a review by the Authority under section 12(4) should be approved as an approved exchange or recognised as a recognised market operator. [4/2017] (2) Without affecting section 9 and subsection (1), the Authority may, for the purposes of deciding whether to recognise a foreign corporation as a recognised market operator under section 9(2), have regard, in addition to any requirements prescribed under section 9(7) and any criteria prescribed under subsection (1), to — ( a ) whether adequate arrangements exist for cooperation between the Authority and the primary financial services regulatory authority responsible for the supervision of the foreign corporation in the country or territory in which the head office or principal place of business of the foreign corporation is situated; and ( b ) whether the foreign corporation is, in the country or territory in which the head office or principal place of business of the foreign corporation is situated, subject to requirements and supervision comparable, in the degree to which the objectives specified in section 5 are achieved, to the requirements and supervision to which approved exchanges and recognised market operators are subject under this Act. [4/2017] (3) In considering whether a foreign corporation has met the requirements mentioned in subsection (2)( b ), the Authority may have regard to — ( a ) the relevant laws and practices of the country or territory in which the head office or principal place of business of the foreign corporation is situated; and ( b ) the rules and practices of the foreign corporation. [4/2017]


document_id: sfa-2001
provision_ref: s11
chapter: PART 2 - ORGANISED MARKETS
section: 11
title: Annual fees payable by approved exchange and recognised market operator
content:
11. —(1) Every approved exchange and every recognised market operator must pay to the Authority such annual fees as may be prescribed by regulations made under section 44 in such manner as the Authority may specify. [4/2017] (2) The Authority may, where it considers appropriate, refund or remit the whole or any part of any annual fee paid or payable to it. [4/2017]


document_id: sfa-2001
provision_ref: s12
chapter: PART 2 - ORGANISED MARKETS
section: 12
title: Change in status
content:
12. —(1) A Singapore corporation that is an approved exchange or a recognised market operator may apply to the Authority to change its status in the manner mentioned in subsection (5). [4/2017] (2) An application under subsection (1) must be — ( a ) made in such form and manner as the Authority may specify; and ( b ) accompanied by a non‑refundable application fee of an amount prescribed by regulations made under section 44, which must be paid in the manner specified by the Authority. [4/2017] (3) The Authority may require an applicant to provide the Authority with such information or documents as the Authority considers necessary in relation to the application. [4/2017] (4) The Authority may, on its own initiative, review the status of a Singapore corporation that is an approved exchange or a recognised market operator to determine whether the Singapore corporation continues to meet the requirements prescribed under section 9(7) and the criteria prescribed under section 10(1). [4/2017] (5) Where an application is made by a Singapore corporation under subsection (1), or where a review of the status of a Singapore corporation is conducted by the Authority under subsection (4), the Authority may — ( a ) if the Singapore corporation is an approved exchange, withdraw the approval as such and recognise the Singapore corporation as a recognised market operator under section 9(1)( b ); ( b ) if the Singapore corporation is a recognised market operator, withdraw the recognition as such and approve the Singapore corporation as an approved exchange under section 9(1)( a ); or ( c ) make no change to the status of the Singapore corporation as an approved exchange or a recognised market operator, as the case may be. [4/2017] (6) Where an application is made under subsection (1), the Authority must not exercise its power under subsection (5)( c ) without giving the Singapore corporation an opportunity to be heard. [4/2017] (7) Where a review of the status of a Singapore corporation is conducted by the Authority on its own initiative under subsection (4), the Authority must not exercise its powers under subsection (5)( a ) or ( b ) without giving the Singapore corporation an opportunity to be heard. [4/2017] (8) Any Singapore corporation that is aggrieved by a decision of the Authority made in relation to the Singapore corporation after a review under subsection (4) may, within 30 days after the Singapore corporation is notified of the decision, appeal to the Minister whose decision is final. [4/2017]


document_id: sfa-2001
provision_ref: s13
chapter: PART 2 - ORGANISED MARKETS
section: 13
title: Cancellation of approval or recognition
content:
13. —(1) An approved exchange or a recognised market operator that intends to cease operating its organised market or, where it operates more than one organised market, all of its organised markets, may apply to the Authority to cancel its approval as an approved exchange or recognition as a recognised market operator, as the case may be. [4/2017] (2) An application under subsection (1) must be made in such form and manner, and not later than such time, as the Authority may specify. [4/2017] (3) The Authority may cancel the approval of an approved exchange, or the recognition of a recognised market operator, on the application mentioned in subsection (1) if the Authority is satisfied that — ( a ) the approved exchange or recognised market operator mentioned in subsection (1) has ceased operating its organised market or all of its organised markets, as the case may be; and ( b ) the cancellation of the approval or recognition (as the case may be) will not detract from the objectives specified in section 5. [4/2017]


document_id: sfa-2001
provision_ref: s14
chapter: PART 2 - ORGANISED MARKETS
section: 14
title: Power of Authority to revoke approval and recognition
content:
14. —(1) The Authority may revoke any approval of a Singapore corporation as an approved exchange under section 9(1)( a ), any recognition of a Singapore corporation as a recognised market operator under section 9(1)( b ), or any recognition of a foreign corporation as a recognised market operator under section 9(2), if — ( a ) there exists at any time a ground under section 9(7) or (8) on which the Authority may refuse an application; ( b ) the corporation does not commence operating its organised market or, where it operates more than one organised market, all of its organised markets, within 12 months starting on the date on which it was approved under section 9(1)( a ) or was recognised under section 9(1)( b ) or (2), as the case may be; ( c ) the corporation ceases to operate its organised market or, where it operates more than one organised market, all of its organised markets; ( d ) the corporation contravenes — (i) any condition or restriction applicable in respect of its approval or recognition, as the case may be; (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 46AAB(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 corporation, the Authority considers that it is in the public interest to revoke the approval or recognition, as the case may be; [Act 18 of 2022 wef 10/05/2024] ( f ) the corporation operates in a manner that is, in the opinion of the Authority, contrary to the interests of the public; or ( g ) any information or document provided by the corporation to the Authority is false or misleading. [4/2017; 31/2017] (2) Subject to subsection (3), the Authority must not revoke under subsection (1) any approval under section 9(1)( a ), or recognition under section 9(1)( b ) or (2), that was granted to a corporation without giving the corporation an opportunity to be heard. [4/2017] (3) The Authority may revoke an approval under section 9(1)( a ), or a recognition under section 9(1)( b ) or (2), that was granted to a corporation on any of the following grounds without giving the corporation an opportunity to be heard: ( a ) the corporation is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere; ( b ) a receiver, a receiver and manager or a person in an equivalent capacity has been appointed, whether in Singapore or elsewhere, in relation to, or in respect of, any property of the corporation; ( c ) the corporation has been convicted, whether in Singapore or elsewhere, of an offence committed before, on or after 8 October 2018, involving fraud or dishonesty or the conviction for which involved a finding that it had acted fraudulently or dishonestly. [4/2017] (4) For the purposes of subsection (1)( c ), a corporation is to be treated to have ceased to operate its organised market if — ( a ) it has ceased to operate the organised market for more than 30 days, unless it has obtained the prior approval of the Authority to do so; or ( b ) it has ceased to operate the organised market under a direction issued by the Authority under section 45. [4/2017] (5) Any corporation that is aggrieved by a decision of the Authority made in relation to the corporation under subsection (1) may, within 30 days after the corporation is notified of the decision, appeal to the Minister whose decision is final. [4/2017] (6) Despite the lodging of an appeal under subsection (5), any action taken by the Authority under this section continues to have effect pending the Minister’s decision. [4/2017] (7) The Minister may, when deciding an appeal under subsection (5), make such modification as the Minister considers necessary to any action taken by the Authority under this section, and such modified action has effect starting on the date of the Minister’s decision. [4/2017] (8) Any revocation under subsection (1) or (3) of the approval or recognition of a corporation under section 9(1) or (2) does not operate so as to — ( a ) avoid or affect any agreement, transaction or arrangement entered into in connection with the use of an organised market operated by the corporation, whether the agreement, transaction or arrangement was entered into before, on or after the revocation of the approval or recognition; or ( b ) affect any right, obligation or liability arising under any such agreement, transaction or arrangement. [4/2017] (9) The Authority must give notice in the Gazette of any revocation under subsection (1) or (3) of any approval or recognition of a corporation under section 9(1) or (2). [4/2017] Division 2 &#x2014; Regulation of Approved Exchanges Subdivision (1) &#x2014; Obligations of approved exchanges


document_id: sfa-2001
provision_ref: s15
chapter: PART 2 - ORGANISED MARKETS
section: 15
title: General obligations
content:
15. —(1) An approved exchange must — ( a ) as far as is reasonably practicable, ensure that every organised market it operates is a fair, orderly and transparent organised market; ( b ) manage any risks associated with its business and operations prudently; ( c ) in discharging its obligations under this Act, not act contrary to the interests of the public, having particular regard to the interests of the investing public; ( d ) ensure that access for participation in its facilities is subject to criteria that — (i) are fair and objective; and (ii) are designed to ensure the orderly functioning of the organised market that it operates and to protect the interests of the investing public; ( e ) maintain business rules and, where appropriate, listing rules that make satisfactory provision for — (i) the organised market to be operated in a fair, orderly and transparent manner; and (ii) the proper regulation and supervision of its members; ( f ) enforce compliance with its business rules and, where appropriate, its listing rules; ( g ) have sufficient financial, human and system resources — (i) to operate a fair, orderly and transparent organised market; (ii) to meet contingencies or disasters; and (iii) to provide adequate security arrangements; ( h ) maintain governance arrangements that are adequate for its organised market to be operated in a fair, orderly and transparent manner; and ( i ) ensure that it appoints or employs fit and proper persons as its chairperson, chief executive officer, directors and key management officers. [4/2017] (2) In subsection (1)( g ), “contingencies or disasters” includes technical disruptions occurring within automated systems. [4/2017]


document_id: sfa-2001
provision_ref: s16
chapter: PART 2 - ORGANISED MARKETS
section: 16
title: Obligation to notify Authority of certain matters
content:
16. —(1) An approved exchange must, as soon as practicable after the occurrence of any of the following circumstances, notify the Authority of the circumstance: ( a ) any material change to the information provided by the approved exchange in its application under section 8(1) or 12(1); ( b ) any change to the type or number of organised markets it operates; ( c ) the carrying on of any business (called in this section a proscribed business) by the approved exchange other than such business or such class of businesses prescribed by regulations made under section 44; ( d ) the acquisition by the approved exchange of a substantial shareholding in a corporation (called in this section a proscribed corporation) that carries on any business other than such business or such class of businesses prescribed by regulations made under section 44; ( e ) the approved exchange becoming aware of any financial irregularity or other matter which in its opinion — (i) may affect its ability to discharge its financial obligations; or (ii) may affect the ability of a member of the approved exchange to meet its financial obligations to the approved exchange; ( f ) the approved exchange reprimanding, fining, suspending, expelling or otherwise taking disciplinary action against a member of the approved exchange; ( g ) any other matter that the Authority may — (i) prescribe by regulations made under section 44 for the purposes of this subsection; or (ii) specify by written notice to the approved exchange in any particular case. [4/2017] (2) Without limiting section 45(1), the Authority may, at any time after receiving a notice mentioned in subsection (1), issue directions to the approved exchange — ( a ) where the notice relates to a matter mentioned in subsection (1)( c ) — (i) requiring it to cease carrying on the proscribed business; or (ii) permitting it to carry on the proscribed business subject to such conditions or restrictions as the Authority may impose, if the Authority is of the opinion that the carrying on of the proscribed business subject to those conditions or restrictions is necessary for any purpose mentioned in section 45(1)( a ) to ( d ); or ( b ) where the notice relates to a matter mentioned in subsection (1)( d ) — (i) requiring it to dispose of all or any part of its shareholding in the proscribed corporation within such time and subject to such conditions as specified in the directions; or (ii) requiring it to exercise its rights relating to such shareholding, or to not exercise such rights, subject to such conditions or restrictions as the Authority may impose, if the Authority is of the opinion that such exercise or non‑exercise of rights subject to those conditions or restrictions is necessary for any purpose mentioned in section 45(1)( a ) to ( d ). [4/2017] (3) An approved exchange must comply with every direction issued to it under subsection (2) despite anything to the contrary in the Companies Act 1967 or any other law. [4/2017] (4) An approved exchange must notify the Authority of any matter that the Authority may prescribe by regulations made under section 44 for the purposes of this subsection, no later than such time as the Authority may prescribe by those regulations. [4/2017] (5) An approved exchange must notify the Authority of any matter that the Authority may specify by written notice to the approved exchange, no later than such time as the Authority may specify in that notice. [4/2017]


document_id: sfa-2001
provision_ref: s17
chapter: PART 2 - ORGANISED MARKETS
section: 17
title: Obligation to manage risks prudently
content:
17. —(1) Without limiting section 15(1)( b ), an approved exchange must ensure that the systems and controls concerning the assessment and management of risks to every organised market that the approved exchange operates are adequate and appropriate for the scale and nature of its operations. [4/2017] (2) Any approved exchange which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence continues after conviction. [4/2017]


document_id: sfa-2001
provision_ref: s18
chapter: PART 2 - ORGANISED MARKETS
section: 18
title: Obligation to maintain proper records
content:
18. —(1) An approved exchange must maintain a record of all transactions effected through its organised market in accordance with regulations mentioned in subsection (2). [4/2017] (2) The Authority may prescribe by regulations made under section 44 — ( a ) the form and manner in which the record mentioned in subsection (1) is to be maintained; ( b ) the extent to which the record includes details of each transaction; and ( c ) the period of time that the record is to be maintained. [4/2017]


document_id: sfa-2001
provision_ref: s19
chapter: PART 2 - ORGANISED MARKETS
section: 19
title: Obligation to submit periodic reports
content:
19. An approved exchange must submit to the Authority such reports in such form and manner, and at such frequency, as the Authority may prescribe by regulations made under section 44. [4/2017]


document_id: sfa-2001
provision_ref: s20
chapter: PART 2 - ORGANISED MARKETS
section: 20
title: Obligation to assist Authority
content:
20. An approved exchange must provide such assistance to the Authority as the Authority may require for the performance of the Authority’s functions and duties, including — ( a ) the furnishing of such returns as the Authority may require for the proper administration of this Act; and ( b ) the provision of — (i) such books and information as the Authority may require for the proper administration of this Act, being books and information — (A) relating to the business of the approved exchange; (B) in respect of any transaction or class of transactions, whether completed or uncompleted, effected through the organised market of the approved exchange; or (C) in respect of any product or class of products traded on the organised market of the approved exchange; and (ii) such other information as the Authority may require for the proper administration of this Act. [4/2017]


document_id: sfa-2001
provision_ref: s21
chapter: PART 2 - ORGANISED MARKETS
section: 21
title: Obligation to maintain confidentiality
content:
21. —(1) Subject to subsection (2), an approved exchange and its officers and employees must maintain, and aid in maintaining, the confidentiality of all user information that — ( a ) comes to the knowledge of the approved exchange or any of its officers or employees; or ( b ) is in the possession of the approved exchange or any of its officers or employees. [4/2017] (2) Subsection (1) does not apply to — ( a ) the disclosure of user information for such purposes, or in such circumstances, as the Authority may prescribe by regulations made under section 44; ( b ) any disclosure of user information which is authorised by the Authority to be disclosed or provided; or ( c ) the disclosure of user information pursuant to any requirement imposed under any written law or order of court in Singapore. [4/2017] (3) To avoid doubt, nothing in this section is to be construed as preventing an approved exchange from entering into a written agreement with a user that obliges the approved exchange to maintain a higher degree of confidentiality than that specified in this section. [4/2017]


document_id: sfa-2001
provision_ref: s22
chapter: PART 2 - ORGANISED MARKETS
section: 22
title: Penalties under this Subdivision
content:
22. Any approved exchange which contravenes section 15(1), 16(1) or (3), 18(1), 19, 20 or 21(1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence continues after conviction. [4/2017] Subdivision (2) &#x2014; Rules of approved exchanges


document_id: sfa-2001
provision_ref: s23
chapter: PART 2 - ORGANISED MARKETS
section: 23
title: Business rules and listing rules of approved exchanges
content:
23. —(1) Without limiting sections 15 and 44 — ( a ) the Authority may by regulations made under section 44 prescribe the matters that an approved exchange must provide for in the business rules or listing rules of the approved exchange; and ( b ) the approved exchange must provide for those matters in its business rules or listing rules, as the case may be. [4/2017] (2) An approved exchange must not make any amendment to its business rules or listing rules unless it complies with such requirements as the Authority may prescribe by regulations made under section 44. [4/2017] (3) In this Subdivision, any reference to an amendment to a business rule or listing rule is to be construed as a reference to a change to the scope of, or to any requirement, obligation or restriction under, the business rule or listing rule (as the case may be), whether the change is made by an alteration to the text of the rule or by any other notice issued by or on behalf of the approved exchange. [4/2017] (4) Any approved exchange which contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $15,000 for every day or part of a day during which the offence continues after conviction. [4/2017]


document_id: sfa-2001
provision_ref: s24
chapter: PART 2 - ORGANISED MARKETS
section: 24
title: Business rules of approved exchanges have effect as contract
content:
24. —(1) The business rules of an approved exchange are to be treated, and are to operate, as a binding contract — ( a ) between the approved exchange and each member; and ( b ) between each member and every other member. [4/2017] (2) The approved exchange and each member are treated to have agreed to observe and perform the provisions of the business rules that are in force for the time being, so far as those provisions are applicable to the approved exchange or that member, as the case may be. [4/2017]


document_id: sfa-2001
provision_ref: s25
chapter: PART 2 - ORGANISED MARKETS
section: 25
title: Power of court to order observance or enforcement of business rules or listing rules
content:
25. —(1) Where any person ( A ) which is under an obligation to comply with, observe, enforce or give effect to the business rules or listing rules of an approved exchange fails to do so, the General Division of the High Court may, on the application of the Authority, an approved exchange or a person aggrieved by the failure ( B ), and after giving A an opportunity to be heard, make an order directing A to comply with, observe, enforce or give effect to those business rules or listing rules. [4/2017; 40/2019] (2) This section is in addition to, and not in derogation of, any other remedy available to B . [4/2017] (3) Any person which, 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. [4/2017] (4) Subject to subsection (5), subsection (3) does not affect the powers of the court in relation to the punishment of contempt of the court. [4/2017] (5) Where a person is convicted of an offence under subsection (3) in respect of any contravention of an order made under subsection (1), such contravention is not punishable as a contempt of court. [4/2017] (6) A person must not be convicted of an offence under subsection (3) in respect of any contravention of an order made under subsection (1) that has been punished as a contempt of court. [4/2017]


document_id: sfa-2001
provision_ref: s26
chapter: PART 2 - ORGANISED MARKETS
section: 26
title: Non‑compliance with business rules or listing rules not to substantially affect rights of person
content:
26. Any failure by an approved exchange to comply with — ( a ) this Act; ( b ) its business rules; or ( c ) where applicable, its listing rules, in relation to a matter does not prevent that matter from being treated, for the purposes of this Act, as done in accordance with the business rules or listing rules so long as the failure does not substantially affect the rights of any person entitled to require compliance with the business rules or listing rules. [4/2017] Subdivision (3) &#x2014; Matters requiring approval of Authority


document_id: sfa-2001
provision_ref: s27
chapter: PART 2 - ORGANISED MARKETS
section: 27
title: Control of substantial shareholding in approved exchange
content:
27. —(1) A person must not enter into any agreement to acquire shares in an approved exchange by virtue of which the person would, if the agreement had been carried out, become a substantial shareholder of the approved exchange without first obtaining the approval of the Authority to enter into the agreement. [4/2017] (2) A person must not become — ( a ) a 12% controller; or ( b ) a 20% controller, of an approved exchange without first obtaining the approval of the Authority. [4/2017] (3) In subsection (2) — “12% controller” means a person, not being a 20% controller, who alone or together with the person’s associates — ( a ) holds not less than 12% of the shares in the approved exchange; or ( b ) is in a position to control not less than 12% of the votes in the approved exchange; “20% controller” means a person who, alone or together with the person’s associates — ( a ) holds not less than 20% of the shares in the approved exchange; or ( b ) is in a position to control not less than 20% of the votes in the approved exchange. [4/2017] (4) In this section — ( 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 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 votes in an approved exchange is to be construed as 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 approved exchange; and ( c ) a person ( A ) is an associate of another person ( B ) if — (i) A is the spouse, a parent, remoter lineal ancestor or step‑parent, 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 , whether alone or together with other associates of B as described in sub‑paragraphs (ii), (iii) and (iv), is in a position to control not less than 20% of the votes 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 votes in relation to, the approved exchange. [4/2017] (5) The Authority may grant its approval mentioned in subsection (1) or (2) subject to conditions or restrictions. [4/2017] (6) Without affecting subsection (13), the Authority may, for the purposes of securing compliance with subsection (1) or (2), or any condition or restriction imposed under subsection (5), by written notice, direct the transfer or disposal of all or any of the shares of an approved exchange in which a substantial shareholder, 12% controller or 20% controller of the approved exchange has an interest. [4/2017] (7) Until a person to whom a direction has been issued under subsection (6) transfers or disposes of the shares that are the subject of the direction, and despite anything to the contrary in the Companies Act 1967 or the constitution or other constituent document or documents of the approved exchange — ( a ) no voting rights are exercisable in respect of the shares that are the subject of the direction; ( b ) the approved exchange must not offer or issue any shares (whether by way of rights, bonus, share dividend or otherwise) in respect of the shares that are the subject of the direction; and ( c ) except in a liquidation of the approved exchange, the approved exchange must not make any payment (whether by way of cash dividend, dividend in kind or otherwise) in respect of the shares that are the subject of the direction. [4/2017] (8) Any issue of shares by an approved exchange in contravention of subsection (7)( b ) is treated as void, and a person to whom a direction has been issued under subsection (6) must immediately return those shares to the approved exchange, upon which the approved exchange must return to the person any payment received from the person in respect of those shares. [4/2017] (9) Any payment made by an approved exchange in contravention of subsection (7)( c ) is treated as void, and a person to whom a direction has been issued under subsection (6) must immediately return the payment the person has received to the approved exchange. [4/2017] (10) The Authority may, by regulations made under section 44, exempt — ( a ) any person or class of persons; or ( b ) any class or description of shares or interests in shares, from the requirement under subsection (1) or (2), subject to such conditions or restrictions as may be prescribed in those regulations. [4/2017] (11) The Authority may, by written notice, exempt any person, shares or interests in shares from subsection (1) or (2), subject to such conditions or restrictions as the Authority may specify by written notice. [4/2017] (12) It is not necessary to publish any exemption granted under subsection (11) in the Gazette . [4/2017] (13) Any person who contravenes subsection (1) or (2), or any condition or restriction imposed by the Authority under subsection (5), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence continues after conviction. [4/2017] (14) Any person who contravenes subsection (7)( b ) or ( c ), (8) or (9) or any direction issued by the Authority under subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $15,000 for every day or part of a day during which the offence continues after conviction. [4/2017]


document_id: sfa-2001
provision_ref: s28
chapter: PART 2 - ORGANISED MARKETS
section: 28
title: Approval of chairperson, chief executive officer, director and key persons
content:
28. —(1) An approved exchange must not appoint a person as its chairperson, chief executive officer or director unless the approved exchange has obtained the approval of the Authority. [4/2017] (2) The Authority may, by written notice, require an approved exchange to obtain the approval of the Authority for the appointment of any person to any key management position or committee of the approved exchange and the approved exchange must comply with the notice. [4/2017] (3) An application for approval under subsection (1) or (2) must be made in such form and manner as the Authority may specify. [4/2017] (4) Without limiting section 44 and to any other matter that the Authority may consider relevant, the Authority may, in determining whether to grant its approval under subsection (1) or (2), have regard to such criteria as the Authority may prescribe by regulations made under section 44 or notify in writing to the approved exchange. [4/2017] (5) Subject to subsection (6), the Authority must not refuse an application for approval under this section without giving the approved exchange an opportunity to be heard. [4/2017] (6) The Authority may refuse an application for approval on any of the following grounds without giving the approved exchange an opportunity to be heard: ( a ) the person is an undischarged bankrupt, whether in Singapore or elsewhere; ( b ) the person has been convicted, whether in Singapore or elsewhere, of an offence, committed before, on or after 8 October 2018 — (i) involving fraud or dishonesty or the conviction for which involved a finding that the person had acted fraudulently or dishonestly; and (ii) punishable with imprisonment for a term of 3 months or more. [4/2017] (7) Where the Authority refuses an application for approval under this section, the Authority need not give the person who was proposed to be appointed an opportunity to be heard. [4/2017] (8) An approved exchange must, as soon as practicable, give written notice to the Authority of the resignation or removal of its chairperson, chief executive officer or director, or of any person mentioned in any notice issued by the Authority to the approved exchange under subsection (2). [4/2017] (9) The Authority may make regulations under section 44 relating to the composition and duties of the board of directors or any committee of an approved exchange. [4/2017] (10) In this section, “committee” includes any committee of directors, disciplinary committee or appeals committee of an approved exchange, or any body responsible for disciplinary action against a member of an approved exchange. [4/2017] (11) The Authority may, by regulations made under section 44, exempt any approved exchange or class of approved exchanges from complying with subsection (1) or (8), subject to such conditions or restrictions as may be prescribed in those regulations. [4/2017] (12) The Authority may, by written notice, exempt any approved exchange from complying with subsection (1) or (8), subject to such conditions or restrictions as the Authority may specify by written notice. [4/2017] (13) It is not necessary to publish any exemption granted under subsection (12) in the Gazette . [4/2017] (14) Any approved exchange which contravenes subsection (1), (2) or (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence continues after conviction. [4/2017]


document_id: sfa-2001
provision_ref: s29
chapter: PART 2 - ORGANISED MARKETS
section: 29
title: Listing, de‑listing or trading of certain instruments, contracts and transactions
content:
29. —(1) An approved exchange must, in respect of any relevant product that is listed or permitted for trading on any organised market operated by the approved exchange, comply with requirements prescribed by regulations made under section 44 or specified in directions issued under section 45 relating to — ( a ) the limits that the approved exchange must establish on the number of open positions that may be held by any participant in respect of the relevant product; ( b ) the steps that the approved exchange must take to ensure compliance with the limits established under paragraph ( a ); ( c ) the positions that the approved exchange must reckon for the purpose of determining if limits established under paragraph ( a ) have been exceeded; ( d ) the settlement procedures that the approved exchange must establish in respect of the relevant product; ( e ) the limits that the approved exchange must establish on the price movements of the relevant product; and ( f ) any other matter in respect of the relevant product that the Authority considers necessary or expedient for the furtherance of the objectives mentioned in section 5. [4/2017] (2) An approved exchange must, within such time and in such form and manner as the Authority may specify, notify the Authority that it has taken measures to comply with the requirements mentioned in subsection (1) — ( a ) before listing or de‑listing, or permitting the trading of, any relevant product on any organised market operated by the approved exchange; and ( b ) after listing or permitting the trading of any relevant product on any organised market operated by the approved exchange. [4/2017] (3) An approved exchange which is required under subsection (2) to notify the Authority must use due care to ensure that the notification is not false or misleading in any material particular. [4/2017] (4) Any approved exchange which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence continues after conviction. [4/2017] (5) Any approved exchange which contravenes subsection (2)( a ) or ( b ) 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. [4/2017] (6) Any approved exchange which contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000. [4/2017] (7) Any participant who wilfully exceeds any limit established by an approved exchange in accordance with the requirements imposed under subsection (1)( a ) on the number of open positions that may be held by any participant in respect of any relevant product shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000. [4/2017] (8) In this section, “relevant product” means any instrument, contract or transaction on any organised market operated by the approved exchange, but does not include — ( a ) securities; ( b ) any unit in a collective investment scheme; ( c ) a spot contract; ( d ) a deposit as defined in section 4B of the Banking Act 1970, where the deposit is accepted by a bank or merchant bank licensed under that Act; ( e ) a deposit as defined in section 2 of the Finance Companies Act 1967, where the deposit is accepted by a finance company as defined in that section of that Act; ( f ) any contract of insurance in relation to any class of insurance business specified in section 3(1) of the Insurance Act 1966; or ( g ) any contract or arrangement that is, or that belongs to a class of contracts or arrangements that is, prescribed not to be a derivatives contract. [4/2017; 1/2020]


document_id: sfa-2001
provision_ref: s30
chapter: PART 2 - ORGANISED MARKETS
section: 30
title: Listing of approved exchange on organised market
content:
30. —(1) The securities or securities‑based derivatives contracts of an approved exchange must not be listed for quotation on an organised market that is operated by the approved exchange or any of its related corporations unless the approved exchange and the operator of the organised market have entered into such arrangements as the Authority may require — ( a ) for dealing with possible conflicts of interest that may arise from such listing; and ( b ) for the purpose of ensuring the integrity of the trading of the securities or securities‑based derivatives contracts (as the case may be) of the approved exchange on the organised market. [4/2017] (2) Where the securities or securities‑based derivatives contracts of an approved exchange are listed for quotation on an organised market operated by the approved exchange or any of its related corporations, the Authority may act in place of the operator of the organised market in making decisions and taking action, or require the operator of the organised market to make decisions and to take action on behalf of the Authority, on — ( a ) the admission of the approved exchange to, or the removal of the approved exchange from, the official list of the organised market; and ( b ) the granting of approval for the securities or securities‑based derivatives contracts (as the case may be) of the approved exchange to be, or the stopping or suspending of the securities or securities‑based derivatives contracts (as the case may be) of the approved exchange from being, listed for quotation or quoted on the organised market. [4/2017] (3) The Authority may, by written notice to the operator of the organised market — ( a ) modify the listing rules of the organised market for the purpose of their application to the listing for quotation or trading of the securities or securities‑based derivatives contracts of the approved exchange; or ( b ) waive the application of any listing rule of the organised market to the approved exchange. [4/2017] (4) Any approved exchange which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence continues after conviction. [4/2017]


document_id: sfa-2001
provision_ref: s31
chapter: PART 2 - ORGANISED MARKETS
section: 31
title: Auditors of approved exchanges — appointment and duties
content:
31. —(1) Despite any other provision of this Act or any other written law, every approved exchange must — ( a ) on an annual basis, appoint an auditor and obtain the approval of the Authority to such appointment; and ( b ) where, for any reason, the auditor ceases to act for the approved exchange, as soon as practicable thereafter, appoint another auditor and obtain the approval of the Authority to such appointment. (2) An auditor must not be approved by the Authority as an auditor for an approved exchange unless the auditor is able to comply with such conditions in relation to the discharge of an auditor’s duties as the Authority may determine. (3) The Authority may appoint an auditor for an approved exchange if — ( a ) the approved exchange fails to appoint an auditor in accordance with subsection (1); or ( b ) the Authority considers it desirable that another auditor should act with an auditor for the approved exchange appointed under subsection (1), and may at any time fix the remuneration to be paid by the approved exchange to that auditor. (4) The duties of an auditor appointed under subsections (1) and (3) are — ( a ) to carry out, for the year in respect of which the auditor is appointed, an audit of the accounts of the approved exchange; and ( b ) to make a report in respect of the latest financial statements of the approved exchange or, where the approved exchange is a parent company for which consolidated financial statements are prepared, the consolidated financial statements, in accordance with section 207 of the Companies Act 1967. (5) The Authority may, by written notice, impose all or any of the following duties on an auditor in addition to those in subsection (4): ( 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 approved exchange; ( c ) a duty to carry out any other examination or establish any procedure in any particular case; ( d ) a duty to submit to the Authority a report on any of the matters mentioned in paragraphs ( b ) and ( c ). (6) An auditor to whom a notice is given under subsection (5) must comply with each direction specified in the notice. (7) The approved exchange must remunerate the auditor in respect of the discharge by the auditor of the duties mentioned in subsection (5). (8) Despite any other provision of this Act or the provisions of the Companies Act 1967, the Authority may, if it is not satisfied with the performance of any duty by an auditor of an approved exchange, at any time — ( a ) direct the approved exchange to remove the auditor; and ( b ) direct the approved exchange to appoint another auditor approved by the Authority, as soon as practicable after the removal, and the approved exchange must comply with such direction. (9) If an auditor discloses in good faith to the Authority any information mentioned in subsection (5)( a ) or report mentioned in subsection (5)( d ), the disclosure is not to be treated as a breach of any restriction on the disclosure imposed by any law, contract or rules of professional conduct, and the auditor is not liable for any loss arising from the disclosure or any act or omission as a result of the disclosure. (10) An approved exchange that contravenes subsection (1) 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. (11) An approved exchange that fails to comply with a direction under subsection (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction. (12) Any auditor who fails to carry out any duty mentioned in subsection (4), or who fails to comply with subsection (6), 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. [Act 12 of 2024 wef 24/01/2025]


document_id: sfa-2001
provision_ref: s31A
chapter: PART 2 - ORGANISED MARKETS
section: 31A
title: Auditors of approved exchanges to report certain matters and irregularities to Authority
content:
31A. —(1) If an auditor of an approved exchange, in the course of performing the auditor’s duties mentioned in section 31(4) or (5), becomes aware of any matter or irregularity mentioned in the following paragraphs, the auditor must immediately send to the Authority a written report of that matter or irregularity: ( a ) any matter that, in the auditor’s opinion, adversely affects or may adversely affect the financial position of the approved exchange to a material extent; ( b ) any matter that, in the auditor’s opinion, constitutes or may constitute a breach of any provision of this Act or an offence involving fraud or dishonesty; ( c ) any irregularity that has or may have a material effect upon the accounts of the approved exchange, including any irregularity that affects or jeopardises, or may affect or jeopardise, the funds or property of investors. (2) An auditor of an approved exchange is not, in the absence of malice on the auditor’s part, liable to any action for defamation at the suit of any person in respect of any statement made in the auditor’s report under subsection (1). (3) Subsection (2) does not restrict or affect any right, privilege or immunity that the auditor of an approved exchange may have, apart from this section, as a defendant in an action for defamation. [Act 12 of 2024 wef 24/01/2025]


document_id: sfa-2001
provision_ref: s31B
chapter: PART 2 - ORGANISED MARKETS
section: 31B
title: Power of Authority to appoint auditor to examine and audit books of approved exchange
content:
31B. —(1) Where — ( a ) an approved exchange is required under section 19 to submit to the Authority an auditor’s report but fails to do so; or ( b ) the Authority receives a report under section 31A(1), the Authority may, without affecting its powers under section 31, if it is satisfied that it is in the interests of the approved exchange, the participants of the approved exchange or the general public to do so, appoint in writing an auditor to examine and audit (either generally or in relation to any particular matter) the books of the approved exchange. (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 approved exchange, the Authority may, in writing, direct the approved exchange 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 an approved exchange fails to comply with a direction under subsection (2), the amount specified in the direction may be sued for and 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. [Act 12 of 2024 wef 24/01/2025]


document_id: sfa-2001
provision_ref: s31C
chapter: PART 2 - ORGANISED MARKETS
section: 31C
title: Restriction on auditor’s and employee’s right to communicate certain matters
content:
31C. Except as may be necessary for carrying into effect 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 who is carrying out any duty imposed under section 31(5) or who is appointed under section 31B, or any employee of such auditor, must not disclose any information which may come to his or her knowledge or possession in the course of performing his or her duties as such auditor or employee (as the case may be) to any person other than — ( a ) the Authority; ( b ) in the case of an employee of such auditor, the auditor; and ( c ) any other person authorised by the Authority in writing to receive such information. [Act 12 of 2024 wef 24/01/2025] Subdivision (4) &#x2014; Immunity


document_id: sfa-2001
provision_ref: s32
chapter: PART 2 - ORGANISED MARKETS
section: 32
title: Immunity from criminal or civil liability
content:
32. —(1) No criminal or civil liability is incurred by — ( a ) an approved exchange; or ( b ) any person acting on behalf of an approved exchange, for any thing 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, the discharge or purported discharge of the obligations of the approved exchange under this Act or under the business rules or, where appropriate, listing rules of the approved exchange. [4/2017] (2) For the purposes of subsection (1), the reference to a person acting on behalf of an approved exchange includes — ( a ) any director of an approved exchange; or ( b ) any member of any committee established by an approved exchange. [4/2017] Division 3 &#x2014; Regulation of Recognised Market Operators


document_id: sfa-2001
provision_ref: s33
chapter: PART 2 - ORGANISED MARKETS
section: 33
title: General obligations
content:
33. —(1) A recognised market operator must — ( a ) as far as is reasonably practicable, ensure that every organised market it operates is a fair, orderly and transparent organised market; ( b ) manage any risks associated with its business and operations prudently; ( c ) in discharging its obligations under this Act, not act contrary to the interests of the public, having particular regard to the interests of the investing public; ( d ) ensure that access for participation in its facilities is subject to criteria that are — (i) fair and objective; and (ii) designed to ensure the orderly functioning of its organised market and to protect the interests of the investing public; ( e ) maintain business rules and, where appropriate, listing rules that make satisfactory provision for — (i) the organised market to be operated in a fair, orderly and transparent manner; and (ii) the proper regulation and supervision of its members; ( f ) enforce compliance with its business rules and, where appropriate, its listing rules; ( g ) have sufficient financial, human and system resources — (i) to operate a fair, orderly and transparent organised market; (ii) to meet contingencies or disasters; and (iii) to provide adequate security arrangements; ( h ) maintain governance arrangements that are adequate for its organised market to be operated in a fair, orderly and transparent manner; and ( i ) ensure that it appoints or employs fit and proper persons as its chairperson, chief executive officer, directors and key management officers. [4/2017] (2) In subsection (1)( g ), “contingencies or disasters” includes technical disruptions occurring within automated systems. [4/2017]


document_id: sfa-2001
provision_ref: s34
chapter: PART 2 - ORGANISED MARKETS
section: 34
title: Obligation to notify Authority of certain matters
content:
34. —(1) A recognised market operator must, as soon as practicable after the occurrence of any of the following circumstances, notify the Authority of the circumstance: ( a ) any material change to the information provided by the recognised market operator in its application under section 8(1) or (2) or 12(1); ( b ) the recognised market operator becoming aware of any financial irregularity or other matter which in its opinion — (i) may affect its ability to discharge its financial obligations; or (ii) may affect the ability of a participant of the recognised market operator to meet its financial obligations to the recognised market operator; ( c ) any other matter that the Authority may — (i) prescribe by regulations made under section 44 for the purposes of this paragraph; or (ii) specify by written notice to the recognised market operator in any particular case. [4/2017] (2) A recognised market operator must notify the Authority of any matter that the Authority may prescribe by regulations made under section 44 for the purposes of this subsection, no later than such time as the Authority may prescribe by those regulations. [4/2017] (3) A recognised market operator must notify the Authority of any matter that the Authority may specify by written notice to the recognised market operator, no later than such time as the Authority may specify in that notice. [4/2017]


document_id: sfa-2001
provision_ref: s35
chapter: PART 2 - ORGANISED MARKETS
section: 35
title: Obligation to manage risks prudently
content:
35. —(1) Without limiting section 33(1)( b ), a recognised market operator must ensure that the systems and controls concerning the assessment and management of risks to every organised market that the recognised market operator operates are adequate and appropriate for the scale and nature of its operations. [4/2017] (2) Any recognised market operator which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $15,000 for every day or part of a day during which the offence continues after conviction. [4/2017]


document_id: sfa-2001
provision_ref: s36
chapter: PART 2 - ORGANISED MARKETS
section: 36
title: Obligation to maintain proper records
content:
36. —(1) A recognised market operator must maintain a record of all transactions effected through its organised market in accordance with regulations mentioned in subsection (2). [4/2017] (2) The Authority may by regulations made under section 44 prescribe — ( a ) the form and manner in which the record mentioned in subsection (1) is to be maintained; ( b ) the extent to which the record includes details of each transaction; and ( c ) the period of time that the record is to be maintained. [4/2017]


document_id: sfa-2001
provision_ref: s37
chapter: PART 2 - ORGANISED MARKETS
section: 37
title: Obligation to submit periodic reports
content:
37. A recognised market operator must submit to the Authority such reports in such form and manner, and at such frequency, as the Authority may prescribe by regulations made under section 44. [4/2017]


document_id: sfa-2001
provision_ref: s38
chapter: PART 2 - ORGANISED MARKETS
section: 38
title: Obligation to assist Authority
content:
38. A recognised market operator must provide such assistance to the Authority as the Authority may require for the performance of the functions and duties of the Authority, including — ( a ) the furnishing of such returns as the Authority may require for the proper administration of this Act; and ( b ) the provision of — (i) such books and information as the Authority may require for the proper administration of this Act, being books and information — (A) relating to the business of the recognised market operator; (B) in respect of any transaction or class of transactions, whether completed or uncompleted, effected through the organised market of the recognised market operator; or (C) in respect of any product or class of products traded on the organised market of the recognised market operator; and (ii) such other information as the Authority may require for the proper administration of this Act. [4/2017]


document_id: sfa-2001
provision_ref: s39
chapter: PART 2 - ORGANISED MARKETS
section: 39
title: Obligation to maintain confidentiality
content:
39. —(1) Subject to subsection (2), a recognised market operator and its officers and employees must maintain, and aid in maintaining, the confidentiality of all user information that — ( a ) comes to the knowledge of the recognised market operator or any of its officers or employees; or ( b ) is in the possession of the recognised market operator or any of its officers or employees. [4/2017] (2) Subsection (1) does not apply to — ( a ) the disclosure of user information for such purposes, or in such circumstances, as the Authority may prescribe by regulations made under section 44; ( b ) any disclosure of user information which is authorised by the Authority to be disclosed or provided; or ( c ) the disclosure of user information pursuant to any requirement imposed under any written law or order of court in Singapore. [4/2017] (3) To avoid doubt, nothing in this section is to be construed as preventing a recognised market operator from entering into a written agreement with a user that obliges the recognised market operator to maintain a higher degree of confidentiality than that specified in this section. [4/2017]


document_id: sfa-2001
provision_ref: s40
chapter: PART 2 - ORGANISED MARKETS
section: 40
title: Non‑compliance with business rules or listing rules not to substantially affect rights of person
content:
40. Any failure by a recognised market operator to comply with — ( a ) this Act; ( b ) its business rules; or ( c ) where applicable, its listing rules, in relation to a matter does not prevent the matter from being treated, for the purposes of this Act, as done in accordance with the business rules or listing rules so long as the failure does not substantially affect the rights of any person entitled to require compliance with the business rules or listing rules. [4/2017]


document_id: sfa-2001
provision_ref: s41
chapter: PART 2 - ORGANISED MARKETS
section: 41
title: Listing, de‑listing or trading of certain instruments, contracts and transactions
content:
41. —(1) A recognised market operator must, in respect of any relevant product that is listed or permitted for trading on any organised market operated by the recognised market operator, comply with requirements prescribed by regulations made under section 44 or specified in directions issued under section 45 relating to — ( a ) the limits that the recognised market operator must establish on the number of open positions that may be held by any participant in respect of the relevant product; ( b ) the steps that the recognised market operator must take to ensure compliance with the limits established under paragraph ( a ); ( c ) the positions that the recognised market operator must reckon for the purpose of determining if limits established under paragraph ( a ) have been exceeded; ( d ) the settlement procedures that the recognised market operator must establish in respect of the relevant product; ( e ) the limits that the recognised market operator must establish on the price movements of the relevant product; and ( f ) any other matter in respect of the relevant product that the Authority considers necessary or expedient for the furtherance of the objectives mentioned in section 5. [4/2017] (2) A recognised market operator must, within such time and in such form and manner as the Authority may specify, notify the Authority that it has taken measures to comply with the requirements mentioned in subsection (1) — ( a ) before listing or de‑listing, or permitting the trading of, any relevant product on any organised market operated by the recognised market operator; and ( b ) after listing or permitting the trading of any relevant product on any organised market operated by the recognised market operator. [4/2017] (3) A recognised market operator which is required under subsection (2) to notify the Authority must use due care to ensure that the notification is not false or misleading in any material particular. [4/2017] (4) Any recognised market operator which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $15,000 for every day or part of a day during which the offence continues after conviction. [4/2017] (5) Any recognised market operator which contravenes subsection (2)( a ) or ( b ) 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. [4/2017] (6) Any recognised market operator which contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000. [4/2017] (7) Any participant who wilfully exceeds any limit established by a recognised market operator in accordance with the requirements imposed under subsection (1)( a ) on the number of open positions that may be held by any participant in respect of any relevant product shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000. [4/2017] (8) In this section, “relevant product” means any instrument, contract or transaction on any organised market operated by the recognised market operator, but does not include — ( a ) securities; ( b ) any unit in a collective investment scheme; ( c ) a spot contract; ( d ) a deposit as defined in section 4B of the Banking Act 1970, where the deposit is accepted by a bank or merchant bank licensed under that Act; ( e ) a deposit as defined in section 2 of the Finance Companies Act 1967, where the deposit is accepted by a finance company as defined in that section of that Act; ( f ) any contract of insurance in relation to any class of insurance business specified in section 3(1) of the Insurance Act 1966; or ( g ) any contract or arrangement that is, or that belongs to a class of contracts or arrangements that is, prescribed not to be a derivatives contract. [4/2017; 1/2020]


document_id: sfa-2001
provision_ref: s41A
chapter: PART 2 - ORGANISED MARKETS
section: 41A
title: Control of shareholding in Singapore recognised market operator
content:
41A. —(1) A person must not become a 20% controller of a Singapore recognised market operator without first obtaining the approval of the Authority. (2) In this section and section 41B, “20% controller”, in relation to a Singapore recognised market operator, means a person who, alone or together with the person’s associates — ( a ) holds not less than 20% of the shares in the Singapore recognised market operator; or ( b ) is in a position to control not less than 20% of the votes in the Singapore recognised market operator. (3) In this section — ( 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 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 votes in a Singapore recognised market operator 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 Singapore recognised market operator; and ( c ) a person ( A ) is an associate of another person ( B ) if — (i) A is the spouse, a parent, remoter lineal ancestor or step-parent, a son, daughter, remoter issue, step-son or step-daughter 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 , whether alone or together with other associates of B as described in sub-paragraphs (ii), (iii) and (iv), is in a position to control not less than 20% of the votes 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 votes in relation to, the Singapore recognised market operator. (4) The Authority may grant its approval mentioned in subsection (1) subject to such conditions or restrictions as the Authority may impose. (5) Without affecting subsection (12), the Authority may, for the purposes of securing compliance with subsection (1) or any condition or restriction imposed under subsection (4), by written notice, direct the transfer or disposal of all or any of the shares of a Singapore recognised market operator in which a 20% controller of the Singapore recognised market operator has an interest. (6) Until a person to whom a direction has been issued under subsection (5) transfers or disposes of the shares that are the subject of the direction, and despite anything to the contrary in the Companies Act 1967 or the constitution or other constituent document or documents of the Singapore recognised market operator — ( a ) no voting rights are exercisable in respect of the shares that are the subject of the direction; ( b ) the Singapore recognised market operator must not offer or issue any shares (whether by way of rights, bonus, share dividend or otherwise) in respect of the shares that are the subject of the direction; and ( c ) except in a liquidation of the Singapore recognised market operator, the Singapore recognised market operator must not make any payment (whether by way of cash dividend, dividend in kind or otherwise) in respect of the shares that are the subject of the direction. (7) Any issue of shares by a Singapore recognised market operator in contravention of subsection (6)( b ) is void, and a person to whom a direction has been issued under subsection (5) must immediately return those shares to the Singapore recognised market operator, upon which the Singapore recognised market operator must return to the person any payment received from the person in respect of those shares. (8) Any payment made by a Singapore recognised market operator in contravention of subsection (6)( c ) is void, and a person to whom a direction has been issued under subsection (5) must immediately return the payment the person has received to the Singapore recognised market operator. (9) The Authority may, by regulations made under section 44, exempt — ( a ) any person or class of persons; or ( b ) any class or description of shares or interests in shares, from the requirement under subsection (1), subject to such conditions or restrictions as may be prescribed in those regulations. (10) The Authority may, by written notice, exempt any person, shares or interests in shares from subsection (1), subject to such conditions or restrictions as the Authority may specify by written notice. (11) It is not necessary to publish any exemption granted under subsection (10) in the Gazette . (12) Any person who contravenes subsection (1), or any condition or restriction imposed by the Authority under subsection (4), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $15,000 for every day or part of a day during which the offence continues after conviction. (13) Any person who contravenes subsection (6)( b ) or ( c ), (7) or (8) or any direction issued by the Authority under subsection (5) 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. [Act 12 of 2024 wef 24/01/2025]


document_id: sfa-2001
provision_ref: s41B
chapter: PART 2 - ORGANISED MARKETS
section: 41B
title: Objection to control of Singapore recognised market operator
content:
41B. —(1) The Authority may serve a written notice of objection on — ( a ) any person required to obtain the Authority’s approval or who has obtained the approval under section 41A; or ( b ) any person who, whether before, on or after the date of commencement of section 37 of the Financial Institutions (Miscellaneous Amendments) Act 2024, is a 20% controller of a Singapore recognised market operator, if the Authority is satisfied that — ( c ) any condition of approval imposed on the person under section 41A(4) has not been complied with; ( d ) the person is not or ceases to be a fit and proper person to be a 20% controller of the Singapore recognised market operator; ( e ) having regard to the likely influence of the person, the Singapore recognised market operator 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 thereunder; ( f ) the person does not or ceases to satisfy such criteria as may be prescribed; ( g ) the person has provided false or misleading information or documents in connection with an application under section 41A; or ( h ) the Authority would not have granted its approval under section 41A 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, is an undischarged bankrupt 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 ) a section 101A prohibition order or an FSMA prohibition order has been made, and remains in force, against the person; ( d ) 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) The Authority must, in any written notice of objection, specify a reasonable period within which the person to be served the written notice of objection must — ( a ) take such steps as are necessary to ensure that the person ceases to be a 20% controller of a Singapore recognised market operator; or ( b ) comply with such other requirements as the Authority may specify. (4) Any person served with a notice of objection under this section must comply with the notice. (5) Any person who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 3 years or to both. [Act 12 of 2024 wef 24/01/2025]


document_id: sfa-2001
provision_ref: s41C
chapter: PART 2 - ORGANISED MARKETS
section: 41C
title:
Chairperson, chief executive officer, director and key persons, etc., of Singapore recognised market operator

content:
41C. —(1) A Singapore recognised market operator must not appoint a person as its chairperson, chief executive officer or director unless the Singapore recognised market operator has obtained the approval of the Authority. (2) The Authority may, by written notice, require a Singapore recognised market operator to obtain the approval of the Authority for the appointment of any person to any key management position or committee of the Singapore recognised market operator, and the Singapore recognised market operator must comply with the notice. (3) An application for approval under subsection (1) or (2) must be made in such form and manner as the Authority may specify. (4) The Authority may, in determining whether to grant its approval under subsection (1) or (2), have regard to such criteria as the Authority may prescribe by regulations made under section 44 or notify the Singapore recognised market operator in writing, or to any other matter that the Authority may consider relevant. (5) Subject to subsection (6), the Authority must not refuse an application for approval under this section without giving the Singapore recognised market operator an opportunity to be heard. (6) The Authority may refuse an application for approval on any of the following grounds without giving the Singapore recognised market operator an opportunity to be heard: ( a ) the person is an undischarged bankrupt, whether in Singapore or elsewhere; ( b ) the person has been convicted, whether in Singapore or elsewhere, of an offence, committed before, on or after the date of commencement of section 37 of the Financial Institutions (Miscellaneous Amendments) Act 2024 — (i) involving fraud or dishonesty or the conviction for which involved a finding that the person had acted fraudulently or dishonestly; and (ii) punishable with imprisonment for a term of 3 months or more. (7) Where the Authority refuses an application for approval under this section, the Authority need not give the person who was proposed to be appointed an opportunity to be heard. (8) A Singapore recognised market operator must, as soon as practicable, give written notice to the Authority of the resignation or removal of its chairperson, chief executive officer or director, or of any person mentioned in any notice issued by the Authority to the Singapore recognised market operator under subsection (2). (9) The Authority may make regulations under section 44 relating to the composition and duties of the board of directors or any committee of a Singapore recognised market operator. (10) In this section, “committee” includes any committee of directors, disciplinary committee or appeals committee of a Singapore recognised market operator, or any body responsible for disciplinary action against a member of a Singapore recognised market operator. (11) The Authority may, by regulations made under section 44, exempt any Singapore recognised market operator or class of Singapore recognised market operators from complying with subsection (1) or (8), subject to such conditions or restrictions as the Authority may prescribe in those regulations. (12) The Authority may, by written notice, exempt any Singapore recognised market operator from complying with subsection (1) or (8), subject to such conditions or restrictions as the Authority may specify by written notice. (13) It is not necessary to publish any exemption granted under subsection (12) in the Gazette . (14) Any Singapore recognised market operator which contravenes subsection (1), (2) or (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $15,000 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: sfa-2001
provision_ref: s42
chapter: PART 2 - ORGANISED MARKETS
section: 42
title: Penalties under this Division
content:
42. Any recognised market operator which contravenes section 33(1), 34, 36(1), 37, 38 or 39(1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $15,000 for every day or part of a day during which the offence continues after conviction. [4/2017] Division 4 &#x2014; General Powers of Authority


document_id: sfa-2001
provision_ref: s43
chapter: PART 2 - ORGANISED MARKETS
section: 43
title: Disqualification or removal of director or executive officer
content:
43. —(1) Despite the provisions of any other written law, an approved exchange, or a Singapore recognised market operator, must not, without the prior written consent of the Authority, permit an individual to act as its director or executive officer, if the individual — ( a ) has been convicted, whether in Singapore or elsewhere, of an offence committed before, on or after the date of commencement of section 38 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; ( b ) is an undischarged bankrupt, whether in Singapore or elsewhere; ( c ) has had an enforcement order against him or her in respect of a judgment debt returned unsatisfied in whole or in part; ( d ) 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; ( e ) has had a related Acts prohibition order, a section 101A prohibition order, a section 123ZZC prohibition order, or an FSMA prohibition order made against him or her that remains in force; or ( f ) 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. (2) Despite the provisions of any other written law, where the Authority is satisfied that a director or executive officer of an approved exchange or a Singapore recognised market operator is not a fit and proper person to be a director or executive officer (as the case may be) of the approved exchange or Singapore recognised market operator (as the case may be), the Authority may, by notice in writing to the approved exchange or Singapore recognised market operator, direct it to remove the director or executive officer from his or her office or employment within such period as may be specified by the Authority in the notice, and the approved exchange or Singapore recognised market operator must comply with the notice. (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 approved exchange or Singapore recognised market operator to contravene any provision of this Act or the business rules or listing rules of the approved exchange or Singapore recognised market operator; ( b ) the individual has, without reasonable excuse, failed to secure the compliance of the approved exchange or Singapore recognised market operator with this Act, the Monetary Authority of Singapore Act 1970, any of the written laws set out in the Schedule to that Act, or the business rules or listing rules of the approved exchange or Singapore recognised market operator; ( 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 investors; or ( e ) the individual comes within any of the grounds mentioned in subsection (1). (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. (5) The Authority must not direct an approved exchange or Singapore recognised market operator to remove an individual from his or her office or employment under subsection (2) without giving the approved exchange or Singapore recognised market operator 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 ) a section 101A prohibition order or an FSMA prohibition order against the individual has been made and 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 38 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. (6) An approved exchange or Singapore recognised market operator must, as soon as practicable after receiving a direction under subsection (2), notify the affected director or executive officer of the direction. (7) Any approved exchange or Singapore recognised market operator who receives a direction under subsection (2), or any director or executive officer of an approved exchange or Singapore recognised market operator in relation to whom a direction under subsection (2) is given, may, within 30 days after the approved exchange or Singapore recognised market operator receives the direction, appeal to the Minister whose decision is final. (8) Despite the lodging of an appeal under subsection (7), a direction under subsection (2) continues to have effect pending the Minister’s decision. (9) The Minister may, when deciding an appeal under subsection (7), modify the direction under subsection (2), and such modified action has effect starting on the date of the Minister’s decision. (10) No criminal or civil liability is incurred by an approved exchange, a Singapore recognised market operator, or any person acting on behalf of an approved exchange or a Singapore recognised market operator, 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. (11) Any approved exchange, or Singapore recognised market operator, which, 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 $150,000 and, in the case of a continuing offence, to a further fine not exceeding $15,000 for every day or part of a day during which the offence continues after conviction. [Act 12 of 2024 wef 24/01/2025]


