# legal_provisions

document_id: ma-1975
provision_ref: s8
chapter: PART 2 - LICENCES AND CERTIFICATES RELATING TO
section: 8
title: Exemption in respect of herbal remedies
content:
8. —(1) The restrictions imposed by sections 5 and 6 do not apply to the import, sale, supply, manufacture or assembly of any herbal remedy where — ( a ) the remedy is manufactured or assembled on premises of which the person carrying on the business is the occupier and which the person is able to close so as to exclude the public; and ( b ) the person carrying on the business sells or supplies the remedy for administration to a particular person after being requested by or on behalf of that person and in that person’s presence to use that person’s judgment as to the treatment required. (2) Those restrictions also do not apply to the import, sale, supply, manufacture or assembly of any herbal remedy where the process to which the plant or plants are subjected in producing the remedy consists only of drying, crushing or comminuting, and the remedy is, or is to be, sold or supplied without any written recommendation (whether by means of a labelled container or package or a leaflet or in any other way) as to the use of the remedy.


document_id: ma-1975
provision_ref: s9
chapter: PART 2 - LICENCES AND CERTIFICATES RELATING TO
section: 9
title: General exemptions
content:
9. The Minister may by order — ( a ) provide that, in relation to any medicinal product which was available for sale in Singapore immediately before 24 June 1977, sections 5 and 6 have effect only after the period specified in the order; and ( b ) provide for any other exemptions from the restrictions imposed by sections 5 and 6 that the Minister thinks fit.


document_id: ma-1975
provision_ref: s10
chapter: PART 2 - LICENCES AND CERTIFICATES RELATING TO
section: 10
title: Register of medicinal products and import licence
content:
10. —(1) The licensing authority must maintain a register in which must be entered all medicinal products in respect of which product licences have been granted and remain in force. (2) The register must be in such form and contain such particulars as the licensing authority may determine. (3) The licensing authority may, on application by a person who is not the holder of a product licence, grant an import licence to that person to import any medicinal product for sale or supply where the licensing authority is satisfied that that product is in all respects the same as a medicinal product registered under subsection (1).


document_id: ma-1975
provision_ref: s11
chapter: PART 2 - LICENCES AND CERTIFICATES RELATING TO
section: 11
title: Application for licence
content:
11. —(1) Any application for the grant of a licence under this Part must be made to the licensing authority and must be made in the form and manner, and must contain, or be accompanied by, such information, documents, samples and other material, as the licensing authority may require. (2) Any such application must indicate the descriptions of medicinal products in respect of which the licence is required, either by specifying the descriptions of medicinal products in question or by way of an appropriate general classification.


document_id: ma-1975
provision_ref: s12
chapter: PART 2 - LICENCES AND CERTIFICATES RELATING TO
section: 12
title: Factors relevant to determination of application for licence
content:
12. —(1) Subject to the following provisions of this Part, in dealing with an application for a product licence the licensing authority must in particular take into consideration — ( a ) the safety of medicinal products of each description to which the application relates; ( b ) the efficacy of medicinal products of each such description for the purposes for which the products are proposed to be administered; ( c ) the quality of medicinal products of each such description, according to the specification and the method or proposed method of manufacture of the products, and the provisions proposed for securing that the products as sold or supplied will be of that quality; and ( d ) whether the grant of a product licence for the medicinal products to which the application relates will be in the public interest. [15/2007] (2) Where any such application indicates that the purposes for which the licence is required relate (wholly or partly) to medicinal products which have been or are to be imported, then in dealing with the application, insofar as it relates to those products, the licensing authority must also take into consideration in particular the methods, standards and conditions of manufacture of those products and may, if the licencing authority thinks fit, require the production by the applicant of any one or more of the following: ( a ) an undertaking, given by the manufacturer of any such products, to permit the premises where they are or are to be manufactured, and the operations carried on or to be carried on in the course of manufacturing them, to be inspected by or on behalf of the licensing authority; ( b ) an undertaking, given by or on behalf of the manufacturer of any such products, to comply with any prescribed conditions or any conditions attached to the licence by the licensing authority; ( c ) a declaration, given by or on behalf of the manufacturer of any such products, that, in relation to the manufacture of those products, any requirements imposed by or under the law of the country in which they are or are to be manufactured have been or will be complied with. (3) In dealing with an application for a manufacturer’s licence the licensing authority must in particular take into consideration — ( a ) the operations proposed to be carried out pursuant to the licence; ( b ) the premises in which those operations are to be carried out; ( c ) the equipment which is or will be available on those premises for carrying out those operations; ( d ) the qualifications of the persons under whose supervision those operations will be carried out; and ( e ) the arrangements made or to be made for securing the safekeeping of, and the maintenance of adequate records in respect of, medicinal products manufactured or assembled pursuant to the licence. (4) In dealing with an application for a wholesale dealer’s licence the licensing authority must in particular take into consideration — ( a ) the premises in which medicinal products of the descriptions to which the application relates will be stored; ( b ) the equipment which is or will be available for storing medicinal products in those premises; ( c ) the equipment and facilities which are or will be available for distributing medicinal products from those premises; and ( d ) the arrangements made or to be made for securing the safekeeping of, and the maintenance of adequate records in respect of, medicinal products stored in or distributed from those premises. 12A. [Repealed by Act 31 of 2022 wef 01/11/2022]


document_id: ma-1975
provision_ref: s13
chapter: PART 2 - LICENCES AND CERTIFICATES RELATING TO
section: 13
title: Grant or refusal of licence
content:
13. Subject to the provisions of this Act, on any application to the licensing authority for a licence under this Part the licensing authority — ( a ) may grant a licence containing any provisions that the licensing authority considers appropriate; or ( b ) if, having regard to the provisions of this Act, the licensing authority considers it necessary or expedient to do so, may refuse to grant a licence.


document_id: ma-1975
provision_ref: s14
chapter: PART 2 - LICENCES AND CERTIFICATES RELATING TO
section: 14
title: Duration and renewal of licence
content:
14. —(1) Subject to the following provisions of this section, every licence granted under this Part, unless previously revoked, must be for the prescribed period. (2) Any such licence, if it has not been revoked, may, on the application of the holder of the licence, be renewed by the licensing authority for the prescribed period or for such shorter period as the licensing authority may determine. (3) On an application to the licensing authority for the renewal of a licence under this Part, the licensing authority — ( a ) may renew the licence, with or without modifications, for such further period as is mentioned in subsection (2); ( b ) may grant to the applicant a new licence containing any provisions that the licensing authority considers appropriate; or ( c ) if, having regard to the provisions of this Act, the licensing authority considers it necessary or expedient to do so, may refuse to renew the licence or to grant a new licence. (4) Where an application for the renewal of a licence under this Act has been duly made, the licence does not cease to be in force by virtue of subsections (1), (2) and (3) before the licensing authority has determined the application.


document_id: ma-1975
provision_ref: s15
chapter: PART 2 - LICENCES AND CERTIFICATES RELATING TO
section: 15
title: Provisional licences
content:
15. —(1) The Minister may by regulations provide for the issue of provisional licences to such persons and on such terms as may be prescribed. (2) Section 12 does not have effect in relation to applications for provisional licences.


document_id: ma-1975
provision_ref: s16
chapter: PART 2 - LICENCES AND CERTIFICATES RELATING TO
section: 16
title: General power to suspend, revoke or vary licences
content:
16. —(1) Subject to subsection (5), the licensing authority may suspend a licence under this Part for the period that the Authority determines or may revoke, or vary the provisions of, any such licence. (2) Without limiting subsection (1), the licensing authority may, upon the request of the holder of a licence, revoke the licence. [26/2004] (3) [ Deleted by Act 31 of 2022 wef 01/11/2022 ] (4) The suspension or revocation of a licence under this section may be total or may be limited to medicinal products of one or more descriptions or to medicinal products manufactured, assembled or stored in any particular premises or in a particular part of any premises. (5) Where the licensing authority proposes to exercise any power conferred by this section, the licensing authority must serve on the holder of the licence a notice giving particulars of the suspension, revocation or variation and of the reasons for the licensing authority’s decision to suspend, revoke or vary the licence. (6) [ Deleted by Act 31 of 2022 wef 01/11/2022 ]


document_id: ma-1975
provision_ref: s17
chapter: PART 2 - LICENCES AND CERTIFICATES RELATING TO
section: 17
title: Variation of licence on application of holder
content:
17. Without affecting any power exercisable by virtue of section 16, the licensing authority may, on the application of the holder of a licence under this Part, vary the provisions of the licence in accordance with any proposals contained in the application, if the licensing authority is satisfied that the variation will not adversely affect the safety, quality or efficacy of medicinal products of any description to which the licence relates.


document_id: ma-1975
provision_ref: s18
chapter: PART 2 - LICENCES AND CERTIFICATES RELATING TO
section: 18
title: Clinical trials and medicinal tests on animals
content:
18. The Minister may by regulations provide for — ( a ) the conduct of clinical trials, the issue of clinical trial certificates, the exemption of clinical trials from sections 5 and 6, and matters relating to any consent for a subject to participate in a clinical trial, including — (i) the persons who may so consent; (ii) the considerations which any such person must take into account before so consenting; (iii) the circumstances in which the consent of such person may be relied upon; and (iv) the circumstances in which no consent of any person is required for the subject’s participation in the trial, and whether any matter so prescribed has effect in addition to or despite any other written law or rule of law; ( b ) the conduct of medicinal tests on animals, the issue of animal test certificates, the exemption of medicinal tests on animals from sections 5 and 6; and ( c ) the control, housing and other restrictions in the sale, supply, manufacture, import and export of animal feeding stuffs in which medicinal products are incorporated, and for any matter ancillary or incidental thereto. [29/2015]


document_id: ma-1975
provision_ref: s19
chapter: PART 2 - LICENCES AND CERTIFICATES RELATING TO
section: 19
title: Provision of information to licensing authority
content:
19. —(1) Where an application has been made to the licensing authority for a licence under this Part the licensing authority, before determining the application, may request the applicant to furnish to the licensing authority any information relating to the application that the licensing authority may consider necessary and, where any such request has been made the licensing authority is not required to determine the application until either — ( a ) the information requested has been furnished to the licensing authority; or ( b ) it has been shown to the licensing authority’s reasonable satisfaction that the applicant is unable to furnish the information. (2) The licensing authority may serve on the holder of a licence under this Part, a notice requiring the licence holder, within the time specified in the notice, to furnish to the licensing authority information of any description specified in the notice. 19A. [Repealed by Act 31 of 2022 wef 01/11/2022] 19B. [Repealed by Act 31 of 2022 wef 01/11/2022] 19C. [Repealed by Act 31 of 2022 wef 01/11/2022] 19D. [Repealed by Act 31 of 2022 wef 01/11/2022]


document_id: ma-1975
provision_ref: s20
chapter: PART 2 - LICENCES AND CERTIFICATES RELATING TO
section: 20
title: Offences under this Part
content:
20. —(1) Subject to section 21, any person who contravenes any of the provisions of sections 5 and 6, or who is in possession of any medicinal product for the purpose of selling, supplying or exporting it in contravention of any of those sections, shall be guilty of an offence. (2) Where any medicinal product is imported in contravention of section 5, any person who, otherwise than for the purpose of performing or exercising a duty or power imposed or conferred by or under this Act, or any other written law, is in possession of the product knowing or having reasonable cause to suspect that it was so imported shall be guilty of an offence. (3) Any person who, when making an application under section 11 or giving any information which that person is required to give under section 19, makes a statement which that person knows or has reason to believe is false in a material particular, shall be guilty of an offence. [26/2004] [Act 31 of 2022 wef 01/11/2022] (4) [ Deleted by Act 31 of 2022 wef 01/11/2022 ] (5) Any person who without reasonable excuse fails to comply with a requirement imposed on that person by a notice under section 19(2) shall be guilty of an offence. (6) Any person guilty of an offence under subsection (1), (2) or (3) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both. [17/2005] [Act 31 of 2022 wef 01/11/2022] (7) Any person guilty of an offence under subsection (5) shall be liable on conviction to a fine not exceeding $2,000.


document_id: ma-1975
provision_ref: s21
chapter: PART 2 - LICENCES AND CERTIFICATES RELATING TO
section: 21
title: Special defences under section 20
content:
21. —(1) Where the holder of a product licence is charged with an offence under section 20 in respect of any medicinal product which has been manufactured or assembled to the licence holder’s order by another person and has been so manufactured or assembled as not to comply with the provisions of that licence which are applicable to it, it is a defence for the licence holder to prove — ( a ) that the licence holder had communicated those provisions to that other person; and ( b ) that the licence holder did not know, and could not by the exercise of reasonable care have discovered, that those provisions had not been complied with. (2) Where the holder of a manufacturer’s licence is charged with an offence under section 20 in respect of any medicinal products which have been manufactured or assembled by the licence holder, in circumstances where the licence holder is not the holder of a product licence which is applicable to those products, but the products were manufactured or assembled to the order of another person, it is a defence for the licence holder to prove that the licence holder believed, and had reasonable grounds for believing — ( a ) that the other person in question was the holder of a product licence applicable to those products; and ( b ) that the products were manufactured or assembled in accordance with that product licence.


document_id: ma-1975
provision_ref: s22
chapter: PART 2 - LICENCES AND CERTIFICATES RELATING TO
section: 22
title: Certificates for exporters of medicinal products
content:
22. On the application of any person who proposes to export medicinal products of any description, the licensing authority may issue to that person a certificate containing any such statement relating to medicinal products of that description as the licensing authority may consider appropriate having regard — ( a ) to any requirements (whether having the force of law or not) which have effect in the country to which the products are to be exported; and ( b ) to the provisions of this Act and to any licence granted or other thing done by virtue of this Act.


document_id: ma-1975
provision_ref: s23
chapter: PART 3 - FURTHER PROVISIONS RELATING TO DEALINGS
section: 23
title: General sale list
content:
23. —(1) The Minister may by order specify descriptions or classes of medicinal products, as being products which in the Minister’s opinion can with reasonable safety be sold or supplied otherwise than by or under the supervision of a pharmacist. (2) In this Act any reference to a medicinal product on a general sale list is a reference to a medicinal product of a description, or falling within a class, specified in an order under this section which is for the time being in force.


document_id: ma-1975
provision_ref: s24
chapter: PART 3 - FURTHER PROVISIONS RELATING TO DEALINGS
section: 24
title: Sale or supply of medicinal products not on general sale list
content:
24. Subject to any exemption conferred by or under this Part, on and after 3 May 1993, a person must not sell by retail or supply in circumstances corresponding to retail sale any medicinal product which is not a medicinal product on a general sale list, unless that person is or acts under the personal supervision of a pharmacist. [4/2021]


document_id: ma-1975
provision_ref: s25
chapter: PART 3 - FURTHER PROVISIONS RELATING TO DEALINGS
section: 25
title: Sale or supply of medicinal products on general sale list
content:
25. This Act does not prevent any person from selling by retail or supplying in circumstances corresponding to retail sale any medicinal product on a general sale list subject to any conditions that may be prescribed for the purposes of this section.


document_id: ma-1975
provision_ref: s26
chapter: PART 3 - FURTHER PROVISIONS RELATING TO DEALINGS
section: 26
title: Prohibition of sale of medicinal products from automatic machines
content:
26. On and after 3 May 1993, a medicinal product must not be sold by means of an automatic machine unless it is a medicinal product in the automatic machine section of a general sale list and complies with any conditions that may be prescribed.


document_id: ma-1975
provision_ref: s27
chapter: PART 3 - FURTHER PROVISIONS RELATING TO DEALINGS
section: 27
title: Exemptions for doctors, dentists and veterinary surgeons and in respect of herbal remedies
content:
27. —(1) The restrictions imposed by section 24 do not apply to the supply of a medicinal product — ( a ) by a doctor or dentist to his or her patient; or ( b ) by a hospital where the product is supplied for the purpose of being administered in accordance with the directions of a doctor or a dentist. (2) The restrictions imposed by that section do not apply to the supply of a medicinal product by a veterinary surgeon for administration by him or her or under his or her direction to an animal under his or her care. (3) The restrictions imposed by that section do not apply to anything done at premises of which the person carrying on the business in question is the occupier and which the person is able to close so as to exclude the public, and which consists of the sale or the supply in circumstances corresponding to retail sale of a herbal remedy where the processes to which the plant or plants are subjected consist of drying, crushing or comminuting, with or without diluting with water, but not any other process.


document_id: ma-1975
provision_ref: s28
chapter: PART 3 - FURTHER PROVISIONS RELATING TO DEALINGS
section: 28
title: Power to extend or modify exemptions
content:
28. —(1) The Minister may by order provide that section 24 has effect subject to such exemptions (other than those for the time being having effect by virtue of section 27) as may be specified in the order. (2) Any exemption conferred by an order under subsection (1) may be conferred subject to such conditions or limitations as may be specified in the order. (3) The Minister may by order provide that section 27 has effect subject to such exceptions or modifications as may be specified in the order.


document_id: ma-1975
provision_ref: s29
chapter: PART 3 - FURTHER PROVISIONS RELATING TO DEALINGS
section: 29
title: Medicinal products on prescription only
content:
29. —(1) The Minister may by order specify descriptions or classes of medicinal products for the purposes of this section; and, in relation to any description or class so specified, the order must state which of the following are to be appropriate practitioners for the purposes of this section: ( a ) doctors; ( b ) dentists; ( c ) veterinary surgeons. (2) Subject to the following provisions of this section — ( a ) a person must not sell by retail, or supply in circumstances corresponding to retail sale, a medicinal product of a description, or falling within a class, specified in an order under this section except in accordance with a prescription given by an appropriate practitioner; ( b ) a person must not administer (otherwise than to himself or herself) any such medicinal product unless the person is an appropriate practitioner or a person acting in accordance with the directions of an appropriate practitioner. (3) An order made by the Minister for the purposes of this section may provide — ( a ) that subsection (2)( a ) or ( b ), or subsection (2)( a ) and ( b ), has effect subject to any exemptions that may be specified in the order; or ( b ) that, for the purpose of subsection (2)( a ), a medicinal product must not be taken to be supplied in accordance with a prescription given by an appropriate practitioner unless the conditions that are prescribed by the order are fulfilled. (4) Any exemption conferred by an order in accordance with subsection (3)( a ) may be conferred subject to such conditions or limitations as may be specified in the order.


document_id: ma-1975
provision_ref: s30
chapter: PART 3 - FURTHER PROVISIONS RELATING TO DEALINGS
section: 30
title:
Prohibition of sale, supply or import of medicinal products of specified description or of animal feeding stuffs incorporating such products

content:
30. —(1) The Minister may, where it appears to him or her to be necessary to do so in the interests of safety, by order — ( a ) prohibit the sale or supply, or the import, of medicinal products of any description, or falling within any class, specified in the order; and ( b ) prohibit the sale or supply, or the import, of animal feeding stuffs in which medicinal products of any description, or falling within any class, specified in the order have been incorporated. (2) A prohibition imposed by order under this section may be a total prohibition or may be imposed subject to any exceptions that may be specified in the order.


document_id: ma-1975
provision_ref: s31
chapter: PART 3 - FURTHER PROVISIONS RELATING TO DEALINGS
section: 31
title: Adulteration of medicinal products
content:
31. A person must not — ( a ) add any substance to, or abstract any substance from, a medicinal product so as to affect injuriously the composition of the product, with intent that the product is to be sold or supplied in that state; or ( b ) sell or supply any medicinal product whose composition has been injuriously affected by the addition or abstraction of any substance.


document_id: ma-1975
provision_ref: s32
chapter: PART 3 - FURTHER PROVISIONS RELATING TO DEALINGS
section: 32
title: Protection of purchasers of medicinal products
content:
32. —(1) A person must not, to the prejudice of the purchaser, sell any medicinal product which is not of the nature or quality demanded by the purchaser. (2) For the purposes of this section the sale of a medicinal product must not be taken to be otherwise than to the prejudice of the purchaser by reason only that the purchaser buys the product for the purpose of analysis or examination. (3) Subsection (1) must not be taken to be contravened by reason only that a medicinal product contains some extraneous matter, if it is proved that the presence of that matter was an inevitable consequence of the process of manufacture of the product. (4) Subsection (1) must not be taken to be contravened by reason only that a substance has been added to, or abstracted from, the medicinal product, if it is proved that — ( a ) the addition or abstraction was not carried out fraudulently, and did not injuriously affect the composition of the product; and ( b ) the product was sold having attached to it, or to a container or package in which it was sold, a conspicuous notice of adequate size and legibly printed, specifying the substance added or abstracted. (5) Where a medicinal product is sold or supplied pursuant to a prescription given by a practitioner, subsections (1) to (4) have effect as if — ( a ) in those provisions any reference to sale included a reference to supply and (except as provided by paragraph ( b )) any reference to the purchaser included a reference to the person for whom the product was prescribed by the practitioner; and ( b ) in subsection (1), for the words “demanded by the purchaser”, there were substituted the words “specified in the prescription”.


document_id: ma-1975
provision_ref: s33
chapter: PART 3 - FURTHER PROVISIONS RELATING TO DEALINGS
section: 33
title: Compliance with standards specified in monographs in certain publications
content:
33. —(1) A person must not — ( a ) sell a medicinal product which has been demanded by the purchaser by or by express reference to a particular name; or ( b ) sell or supply a medicinal product pursuant to a prescription given by a practitioner in which the product required is described by or by express reference to a particular name, if that name is a name at the head of the relevant monograph and the product does not comply with the standard specified in that monograph. (2) A person must not sell or supply a medicinal product by or by express reference to a particular name, if that name is a name at the head of the relevant monograph unless the product complies with the standard specified in that monograph. (3) Where a medicinal product is sold or supplied in the circumstances specified in subsection (1) or (2), and the name in question is the name, not of the product itself, but of an active ingredient of the product, then for the purposes of the subsection in question the product must be taken not to comply with the standard specified in the relevant monograph if, insofar as it consists of that ingredient, it does not comply with the standard so specified. (4) In this section “publication” means one of the following, that is to say, the British Pharmacopoeia , the European Pharmacopoeia or the United States Pharmacopoeia , the British Pharmaceutical Codex and the British Veterinary Codex ; and “the relevant monograph”, in relation to the sale or supply of a medicinal product by or by express reference to a particular name — ( a ) if, together with that name, there was specified a particular edition of a particular publication, means the monograph headed by that name in that edition of that publication or if there is no such monograph in that edition, means the appropriate current monograph headed by that name; ( b ) if, together with that name, there was specified a particular publication, but not a particular edition of that publication, means the monograph headed by that name in the current edition of that publication, or, if there is no such monograph in that edition, means the appropriate current monograph headed by that name, or, in default of such a monograph, means the monograph headed by that name in the latest edition of the specified publication which contained a monograph so headed; ( c ) if no publication was specified together with that name, means the appropriate current monograph, and “current” means current at the time when the medicinal product in question is sold or supplied. (5) In this section “the appropriate current monograph”, in relation to a particular name, means — ( a ) the monograph headed by that name in the current edition of the British Pharmacopoeia , the European Pharmacopoeia or the United States Pharmacopoeia ; or ( b ) if there is no such monograph, then the monograph headed by that name in the current edition of the British Pharmaceutical Codex or the British Veterinary Codex . (6) For the purposes of this section an edition of a publication — ( a ) if it is the current edition of that publication, must be taken as it is for the time being in force (that is to say, together with any amendments, additions and deletions made to it up to the time mentioned in subsection (4)); or ( b ) if it is an edition previous to the current edition of that publication, must be taken as it was immediately before the time when it was superseded by a subsequent edition of that publication (that is to say, together with any amendments, additions and deletions made to it up to that time), and any monograph in an edition of a publication is to be construed in accordance with any general monograph or notice or any appendix, note or other explanatory material which is contained in that edition and is applicable to that monograph, and any reference in this section to compliance with the standard specified in a monograph is to be construed accordingly. (7) The Minister may by order amend subsections (4), (5) and (6).


document_id: ma-1975
provision_ref: s34
chapter: PART 3 - FURTHER PROVISIONS RELATING TO DEALINGS
section: 34
title: Further powers to regulate dealings with medicinal products
content:
34. —(1) The Minister may by regulations prescribe any requirements that the Minister may consider necessary or expedient with respect to any of the following matters: ( a ) the manner in which, or persons under whose supervision, medicinal products may be prepared or may be dispensed; ( b ) the amount of space to be provided in any premises for persons preparing or dispensing medicinal products, the separation of any such space from the remainder of the premises, and the facilities to be provided in any premises for such persons; ( c ) the amount of space to be provided in any premises for the sale or supply of medicinal products; ( d ) the accommodation (including the amount of space) to be provided in any premises for members of the public to whom medicinal products are sold or supplied or for whom medicinal products are being prepared or assembled; ( e ) the amount of space to be provided in any premises for the storage of medicinal products; ( f ) the safekeeping of medicinal products; ( g ) the disposal of medicinal products which have become unusable or otherwise unwanted; ( h ) precautions to be observed before medicinal products are sold or supplied; ( i ) the keeping of records relating to the sale or supply of medicinal products; ( j ) the supply of medicinal products distributed as samples; ( k ) sanitation, cleanliness, temperature, humidity or other factors relating to the risks of deterioration or contamination in connection with the manufacture, storage, transport, sale or supply of medicinal products; ( l ) the construction, location and use of automatic machines for the sale of medicinal products. (2) Without limiting subsection (1), the regulations may prescribe requirements in respect of — ( a ) the construction, layout, drainage, equipment, maintenance, ventilation, lighting and water supply of premises at or from which medicinal products are manufactured, stored, transported, sold or supplied; ( b ) the disposal of refuse at or from any such premises; and ( c ) any apparatus, equipment, furnishings or utensils used at any such premises.


document_id: ma-1975
provision_ref: s35
chapter: PART 3 - FURTHER PROVISIONS RELATING TO DEALINGS
section: 35
title: Offences under this Part
content:
35. —(1) Any person who contravenes section 24, 26, 29, 31, 32 or 33 or who contravenes any order made under section 30, shall be guilty of an offence. (2) Where a medicinal product is sold, supplied or imported in contravention of an order made under section 30, any person who, otherwise than for the purpose of performing or exercising a duty or power imposed or conferred by or under this Act or any other written law, is in possession of the medicinal product, knowing or having reasonable cause to suspect that it was sold, supplied or imported in contravention of the order, shall be guilty of an offence. (3) Any person guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both. (4) Any person who contravenes any conditions prescribed for the purpose of section 25 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. 36. [ Repealed by Act 4 of 2021 ] 37. [ Repealed by Act 4 of 2021 ] 38. [ Repealed by Act 4 of 2021 ] 39. [ Repealed by Act 4 of 2021 ] 40. [ Repealed by Act 4 of 2021 ] 41. [ Repealed by Act 4 of 2021 ] 42. [ Repealed by Act 4 of 2021 ] 43. [ Repealed by Act 4 of 2021 ]


document_id: ma-1975
provision_ref: s44
chapter: PART 4 - CONTAINERS, PACKAGES AND IDENTIFICATION
section: 44
title: Labelling and marking of containers and packages
content:
44. —(1) The Minister may by regulations impose any requirements that the Minister considers necessary or expedient with respect to any of the following matters: ( a ) the labelling of containers of medicinal products; ( b ) the labelling of packages of medicinal products; ( c ) the display of distinctive marks on containers and packages of medicinal products. (2) A person must not sell or supply any medicinal product in such circumstances as to contravene any requirements imposed by the regulations mentioned in subsection (1). (3) Insofar as any such requirements relate to the labelling or marking of containers of medicinal products, a person who sells or supplies a medicinal product to which the requirements are applicable without it being enclosed in a container is, except insofar as the regulations otherwise provide, taken to contravene those requirements as if the person had sold or supplied it in a container not complying with those requirements. (4) Without affecting subsections (1), (2) and (3), a person must not sell or supply a medicinal product of any description in a container or package which is labelled or marked in such a way that the container or package — ( a ) falsely describes the product; or ( b ) is likely to mislead as to the nature or quality of the product or as to the uses or effects of medicinal products of that description.


document_id: ma-1975
provision_ref: s45
chapter: PART 4 - CONTAINERS, PACKAGES AND IDENTIFICATION
section: 45
title: Leaflets
content:
45. —(1) The Minister may by regulations impose any requirements that the Minister considers necessary or expedient with respect to leaflets relating to medicinal products which are supplied, or are intended to be supplied, with the products, whether by being enclosed in containers or packages of the products or otherwise. (2) A person must not supply with any medicinal products, or have in the person’s possession for the purpose of so supplying, a leaflet which contravenes any requirements imposed by the regulations mentioned in subsection (1). (3) Without affecting subsections (1) and (2), a person must not supply with a medicinal product of any description, or have in the person’s possession for the purpose of so supplying, a leaflet which — ( a ) falsely describes the product; or ( b ) is likely to mislead as to the nature or quality of the product or as to the uses or effects of medicinal products of that description.


document_id: ma-1975
provision_ref: s46
chapter: PART 4 - CONTAINERS, PACKAGES AND IDENTIFICATION
section: 46
title: Requirements as to containers
content:
46. —(1) The Minister may by regulations prohibit the sale or supply of medicinal products otherwise than in containers which comply with any requirements that the Minister considers necessary or expedient and in particular may require such containers to be of such strength, to be made of such materials and to be of such shapes or patterns, as may be prescribed. (2) A person must not sell or supply, or have in the person’s possession for the purpose of sale or supply, any medicinal product in such circumstances as to contravene any requirements imposed by the regulations mentioned in subsection (1).


document_id: ma-1975
provision_ref: s47
chapter: PART 4 - CONTAINERS, PACKAGES AND IDENTIFICATION
section: 47
title: Distinctive colours, shapes and markings of medicinal products
content:
47. —(1) The Minister may by regulations impose any requirements that the Minister considers necessary or expedient with respect to any one or more of the following matters: ( a ) the colour of medicinal products; ( b ) the shape of medicinal products; ( c ) the distinctive marks to be displayed on medicinal products. (2) The regulations mentioned in subsection (1) may provide that medicinal products of any such description, or falling within any such class, as may be specified in the regulations must not, except in such circumstances (if any) as may be so specified, be of any such colour or shape, or display any such mark, as may be so specified. (3) A person must not sell or supply, or have in the person’s possession for the purpose of sale or supply, any medicinal product which contravenes any requirements imposed by the regulations mentioned in subsection (1).


document_id: ma-1975
provision_ref: s48
chapter: PART 4 - CONTAINERS, PACKAGES AND IDENTIFICATION
section: 48
title: Offences under this Part and supplementary provisions
content:
48. Any person who contravenes section 44(2), (3) or (4), 45(2) or (3), 46(2) or 47(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 2 years or to both.


document_id: ma-1975
provision_ref: s49
chapter: PART 5 - PROMOTION OF SALES OF MEDICINAL PRODUCTS
section: 49
title: Scope of this Part
content:
49. —(1) Subject to the following provisions of this section, in this Part “advertisement” includes every form of advertising, whether in a publication, or by the display of any notice or signboard, or by means of any catalogue, price list, letter (whether circular or addressed to a particular person) or other documents, or by words inscribed on any article, or by the exhibition of a photograph or a cinematograph film, or by way of sound recording, sound broadcasting or television, or in any other way, and any reference to the issue of an advertisement is to be construed accordingly. (2) Despite subsection (1), in this Part “advertisement” does not include spoken words except — ( a ) words forming part of a sound recording or embodied in a soundtrack associated with a cinematograph film; and ( b ) words broadcast by way of sound broadcasting or television or transmitted to subscribers to a diffusion service. (3) Except as provided by section 52, for the purposes of this Part neither of the following is to be taken to constitute the issue of an advertisement: ( a ) the sale or supply of a medicinal product in a labelled container or package; ( b ) the supply, with a medicinal product of any description, of a leaflet relating solely to medicinal products of that description. (4) In this Part — “medical advertisement” means an advertisement relating or likely to cause any person to believe that it relates to any medicinal product or any device, instrument, apparatus or contrivance used or represented to be used for a medicinal purpose; “representation” means any statement or undertaking (whether constituting a condition or a warranty or not) which consists of spoken words other than words falling within subsection (2)( a ) or ( b ), and any reference to making a representation is to be construed accordingly.


document_id: ma-1975
provision_ref: s50
chapter: PART 5 - PROMOTION OF SALES OF MEDICINAL PRODUCTS
section: 50
title: False or misleading advertisements and representations
content:
50. —(1) Subject to the following provisions of this section, any person who issues or causes another person to issue a false or misleading advertisement relating to medicinal products of any description shall be guilty of an offence. (2) Where a licence under Part 2 is in force which is applicable to medicinal products of a particular description, and, in accordance with the provisions of the licence, the purposes for which medicinal products of that description may be recommended to be used are limited to those specified in the licence, then, subject to the following provisions of this section, any person who issues or causes another person to issue an advertisement relating to medicinal products of that description which consists of or includes unauthorised recommendations shall be guilty of an offence. (3) Subject to the following provisions of this section, any person who makes a false or misleading representation relating to a medicinal product in connection with the sale of that product shall be guilty of an offence; and any person who makes a false or misleading representation relating to medicinal products of a particular description — ( a ) to a practitioner for the purpose of inducing the practitioner to prescribe or supply medicinal products of that description; ( b ) to a patient or client of a practitioner for the purpose of inducing the patient or client to request the practitioner to prescribe medicinal products of that description; or ( c ) to a person for the purpose of inducing the person to purchase medicinal products of that description from a person selling them by retail, shall be guilty of an offence. (4) Where in the circumstances specified in subsection (2) any person — ( a ) in connection with the sale of a medicinal product of the description in question, makes a representation relating to the product which consists of or includes unauthorised recommendations; or ( b ) for any such purpose specified in subsection (3)( a ), ( b ) and ( c ) makes a representation relating to medicinal products of that description which consists of or includes unauthorised recommendations, that person, subject to the following provisions of this section, shall be guilty of an offence. (5) Where a person is charged with an offence under this section, it is a defence for the person to prove — ( a ) where the offence charged is under subsection (1) or (3), that the person did not know, and could not with reasonable diligence have discovered, that the advertisement or representation was false or misleading; ( b ) where the offence charged is under subsection (2) or (4), that the person did not know, and could not with reasonable diligence have discovered, that the recommendations made by the advertisement or representation were unauthorised recommendations. (6) For the purposes of this section an advertisement (whether it contains an accurate statement of the composition of medicinal products of the description in question or not) is to be taken to be false or misleading if — ( a ) it falsely describes the description of medicinal products to which it relates; or ( b ) it is likely to mislead as to the nature or quality of medicinal products of that description or as to their uses or effects, and any reference in this section to a false or misleading representation is to be construed in a corresponding way. (7) Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both. (8) In this section “unauthorised recommendations”, in relation to the circumstances specified in subsection (2), means recommendations whereby medicinal products of a description to which the licence in question is applicable are recommended to be used for purposes other than those specified in the licence.


document_id: ma-1975
provision_ref: s51
chapter: PART 5 - PROMOTION OF SALES OF MEDICINAL PRODUCTS
section: 51
title: Prohibition of certain medical advertisements
content:
51. —(1) A person must not publish or cause to be published — ( a ) any medical advertisement which directly or indirectly claims, indicates or suggests that the article advertised will prevent, alleviate or cure any disease or condition specified in the First Schedule; or ( b ) any advertisement referring to any skill or service relating to the treatment of any disease or condition affecting the human body. (2) Subsection (1) does not apply to any advertisement which is distributed only to, or is contained in a publication intended for circulation mainly among one or more of the following classes of persons: ( a ) practitioners; ( b ) pharmacists; ( c ) nurses and midwives; ( d ) persons undergoing training with a view to becoming practitioners, pharmacists or nurses and midwives. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both. (4) The Minister may by order — ( a ) amend the First Schedule; and ( b ) exempt any advertisement or class of advertisements from subsection (1).


document_id: ma-1975
provision_ref: s52
chapter: PART 5 - PROMOTION OF SALES OF MEDICINAL PRODUCTS
section: 52
title: Powers to regulate advertisements and representations
content:
52. —(1) The Minister may by regulations prohibit any one or more of the following: ( a ) the issue of advertisements relating to medicinal products of a description, or falling within a class, specified in the regulations; ( b ) the issue of advertisements likely to lead to the use of any medicinal product, or any other substance or article, for the purpose of treating or preventing a disease specified in the regulations or for the purpose of diagnosis of a disease so specified or of ascertaining the existence, degree or extent of a physiological condition so specified or of permanently or temporarily preventing or otherwise interfering with the normal operation of a physiological function so specified, or for the purpose of artificially inducing a condition of body or mind so specified; ( c ) the issue of advertisements likely to lead to the use of medicinal products of a particular description or falling within a particular class specified in the regulations, or the use of any other substance or article of a description or class so specified, for any such purpose as is mentioned in paragraph ( b ); ( d ) the issue of advertisements relating to medicinal products and containing a word or phrase specified in the regulations, as being a word or phrase which, in the opinion of the Minister, is likely to mislead the public as to the nature or effects of the products or as to any condition of body or mind in connection with which the products might be used. (2) Without affecting subsection (1), the Minister may by regulations impose any requirements that the Minister considers necessary or expedient with respect to any one or more of the following matters: ( a ) the form and content of advertisements relating to medicinal products; ( b ) the obtaining of prior approval from the licensing authority for the issue of any such advertisements; ( c ) in the case of advertisements by way of cinematograph films or television, the duration for which, and the manner in which, any part of such an advertisement which contains particulars of a description specified in the regulations must be exhibited; ( d ) advertisements and representations directed to practitioners, and any such regulations may prohibit the use, in relation to medicinal products of a description specified in the regulations, of advertisements of any particular kind so specified.


document_id: ma-1975
provision_ref: s53
chapter: PART 5 - PROMOTION OF SALES OF MEDICINAL PRODUCTS
section: 53
title: Power of licensing authority to require copies of advertisements
content:
53. —(1) The licensing authority may serve on any person a notice requiring that person, within the time specified in the notice, to furnish to the licensing authority such number of copies as may be so specified of any advertisement relating to medicinal products or to medicinal products of a description or falling within a class so specified, which that person has issued, or has caused to be issued, within 12 months ending with the date of service of the notice. (2) Any person who without reasonable excuse fails to comply with any requirement imposed on that person by a notice under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.


document_id: ma-1975
provision_ref: s54
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 54
title: Application of this Act to certain articles and substances
content:
54. —(1) The Minister may by order — ( a ) specify any description or class of articles or substances appearing to the Minister to be articles or substances which are not medicinal products but are manufactured, sold, supplied, imported or exported for use wholly or partly for a medicinal purpose or for a cosmetic; and ( b ) direct that, subject to any exceptions and modifications specified in the order, such provisions of this Act as may be so specified (including provisions so specified which relate to offences or penalties) are to have effect in relation to articles or substances of that description or class as those provisions have effect in relation to medicinal products. (2) An order under subsection (1) may — ( a ) apply to any class or description of chewing gum that is intended for use in promoting dental health or oral hygiene; and ( b ) require the chewing gum to be sold or supplied by prescription or by or under the supervision of a pharmacist. [26/2004] (3) In this section, “cosmetic” means any article intended to be rubbed, poured, sprinkled or sprayed on, or introduced into, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance, and includes a deodorant or any depilatory substance but does not include a soap.


document_id: ma-1975
provision_ref: s55
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 55
title: Application of this Act to certain other substances which are not medicinal products
content:
55. The Minister may by order specify any substance appearing to the Minister to be a substance which is not itself a medicinal product but — ( a ) is used as an ingredient in the manufacture of medicinal products; or ( b ) if used without proper safeguards, is capable of causing danger to the health of the community, or of causing danger to the health of animals generally or of one or more species of animals, and direct that, subject to such exceptions and modifications as may be specified in the order, such provisions of this Act as may be so specified (including any provisions so specified which relate to offences or penalties) are to have effect in relation to that substance as those provisions have effect in relation to medicinal products.


document_id: ma-1975
provision_ref: s56
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 56
title: Rights of entry
content:
56. —(1) Any person duly authorised in writing by the licensing authority may at any reasonable time — ( a ) enter any premises for the purpose of ascertaining whether there is or has been, on or in connection with those premises, any contravention of any provisions of this Act or of any regulations or orders made under this Act; ( b ) enter any premises generally for the purposes of the performance by the authority of the authority’s functions under this Act or under any regulations or orders made under this Act; or ( c ) enter any ship, aircraft, hovercraft or vehicle for the purpose of ascertaining whether there is in the ship, aircraft, hovercraft or vehicle any substance or article imported in contravention of any provisions of this Act or of any regulations or orders made under this Act. (2) Without limiting subsection (1), any person duly authorised in writing by the licensing authority may at any reasonable time enter any premises occupied by an applicant for a licence or certificate or for renewal thereof under Part 2 for the purpose of verifying any statement contained in the application for the licence or certificate.


document_id: ma-1975
provision_ref: s57
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 57
title: Power to inspect, take samples and seize goods and documents
content:
57. —(1) For the purpose of ascertaining whether there is or has been a contravention of this Act or any regulations or orders made under this Act, any person duly authorised in writing by the licensing authority (called in this section an authorised person) may inspect — ( a ) any substance or article appearing to the authorised person to be a medicinal product; ( b ) any article appearing to the authorised person to be a container or package used or intended to be used to contain any medicinal product or to be a label or leaflet used or intended to be used in connection with a medicinal product; or ( c ) any plant or equipment appearing to the authorised person to be used or intended to be used in connection with the manufacture or assembly of medicinal products, and any process of manufacture or assembly of any medicinal products and the means employed, at any stage in the processes of manufacture or assembly, for testing the materials after they have been subject to those processes. (2) Where for the purpose specified in subsection (1) an authorised person requires a sample of any substance or article appearing to the authorised person to be — ( a ) a medicinal product sold or supplied or intended to be sold or supplied; or ( b ) a substance or article used or intended to be used in the manufacture of a medicinal product, the authorised person may take a sample of that substance or article. (3) For the purpose specified in subsection (1), an authorised person may — ( a ) require any person carrying on a business which consists of or includes the manufacture, assembly, sale or supply of medicinal products, and any person employed in connection with such a business, to produce any books or documents relating to the business which are in that person’s possession or under that person’s control; and ( b ) take copies of, or of any entry in, any book or document produced pursuant to paragraph ( a ). (4) An authorised person may seize and detain any substance or article which he or she has reasonable cause to believe to be a substance or article in relation to which, or by means of which, an offence under this Act is being or has been committed, and any document which he or she has reasonable cause to believe to be a document which may be required as evidence in proceedings under this Act. (5) An authorised person may, so far as is reasonably necessary in order to secure that the provisions of this Act and any regulations or orders made under this Act are duly observed, require any person having authority to do so to break open any container or package or open any vending machine, or to permit the authorised person to do so. (6) Where an authorised person seizes any substance or article (including any document) under subsection (4), that authorised person must inform the person from whom it is seized, and, in the case of anything seized from a vending machine, the person whose name and address are stated on the machine as being those of the owner of the machine, or, if no name and address are so stated, the occupier of the premises on which the machine stands or to which it is affixed. (7) The Minister may by regulations prescribe the procedure for the sampling of articles and substances seized under this section.


document_id: ma-1975
provision_ref: s58
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 58
title: Supplementary provisions as to rights of entry and related rights
content:
58. —(1) Any person entering any property (that is to say, any premises, ship, aircraft, vehicle, stall or place) by virtue of section 56 may take with the person such other persons and such equipment as may appear to the person to be necessary. (2) Any person who — ( a ) wilfully obstructs a person acting pursuant to this Act and duly authorised so to act by the licensing authority; or ( b ) wilfully fails to comply with any requirement properly made to the person by a person so acting under section 57; or ( c ) without reasonable cause fails to give to a person so acting any other assistance or information which that person may reasonably require of him or her for the purpose of the performance of his or her functions under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. (3) If a person, in giving any such information as mentioned in subsection (2)( c ), makes any statement which the person knows to be false, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: ma-1975
provision_ref: s59
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 59
title: Seizure or detention of goods subject to prohibition or restriction
content:
59. —(1) Any imported goods are deemed to be imported contrary to a prohibition or restriction for the time being in force with respect to them if — ( a ) they are medicinal products or medicinal substances of any description or falling within a class specified in an order made by the Minister for the purposes of this section; and ( b ) they are imported in the circumstances specified in that order. (2) Any exported goods are deemed to be exported contrary to a prohibition or restriction for the time being in force with respect to them if — ( a ) they are medicinal products or medicinal substances of any description or falling within a class specified in an order made by the Minister for the purposes of this section; and ( b ) they are exported in the circumstances specified in that order. (3) An officer of customs or police officer may seize and detain any goods subject to a prohibition or restriction imposed by an order made under this section.


document_id: ma-1975
provision_ref: s60
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 60
title: Forfeiture of goods seized
content:
60. —(1) Whenever any goods are seized under this Act, the seizing officer must forthwith give written notice of the seizure to the owner of the goods, if known, either by delivering the notice to the owner personally or by post at the owner’s place of residence if known: Provided that the notice is not required to be given where the seizure is made in the presence of the offender or the owner or the owner’s agent, or in the case of a ship or aircraft, in the presence of the master or captain thereof. (2) An order for the forfeiture of any goods is to be made if it is proved to the satisfaction of a court that an offence under this Act has been committed and that the goods were the subject matter of or was used in the commission of the offence even though no person may have been convicted of that offence. (3) If there is no prosecution with regard to any goods seized under this Act the goods are deemed to be forfeited at the expiry of one month from the date of the seizure of the goods unless a claim to the goods has been made before that date in the manner prescribed.


document_id: ma-1975
provision_ref: s61
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 61
title: Disposal of goods forfeited
content:
61. —(1) All goods which are forfeited under this Act must be disposed of in the manner that the licensing authority thinks fit. [4/2001] (2) The licensing authority may, after any proceedings under this Act are concluded, entertain and give effect to any claim to or in respect of goods which have been forfeited under this Act. [4/2001]


document_id: ma-1975
provision_ref: s62
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 62
title: Restrictions on disclosure of information
content:
62. —(1) If any person discloses to any other person — ( a ) any information with respect to any manufacturing process or trade secret obtained by the firstmentioned person in premises which the firstmentioned person has entered by virtue of section 56; or ( b ) any information obtained by or furnished to the firstmentioned person pursuant to this Act, the firstmentioned person shall, unless the disclosure was made in the performance of the firstmentioned person’s duty, be guilty of an offence. (2) Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: ma-1975
provision_ref: s63
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 63
title: Protection for officers
content:
63. No person shall be personally liable in respect of any act done by that person in the execution or purported execution of this Act and within the scope of his or her employment if he or she did it in the honest belief that his or her duty under this Act required or entitled him or her to do it.


document_id: ma-1975
provision_ref: s64
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 64
title: Contravention due to default of other person
content:
64. —(1) Where a contravention by any person of any provision to which this section applies constitutes an offence under this Act, and is due to an act or default of another person, then whether proceedings are taken against the firstmentioned person or not, that other person may be charged with and convicted of that offence and shall be liable on conviction to the same punishment as might have been imposed on the firstmentioned person if the firstmentioned person had been convicted of the offence. (2) Where a person who is charged with an offence under this Act in respect of a contravention of a provision to which this section applies proves to the satisfaction of the court — ( a ) that the person exercised all due diligence to secure that the provision in question would not be contravened; and ( b ) that the contravention was due to the act or default of another person, the firstmentioned person must be acquitted of the offence. (3) This section applies to sections 31 to 33, 44 to 47 and 50 to 52 and the provisions of any regulations made under any of those sections.


document_id: ma-1975
provision_ref: s65
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 65
title: Warranty as defence
content:
65. —(1) Subject to the following provisions of this section, in any proceedings for an offence under this Act in respect of a contravention of a provision to which this section applies, it is a defence for the accused to prove — ( a ) that the accused purchased the substance or article to which the contravention relates in Singapore as being a substance or article which could be lawfully sold or supplied or could be lawfully sold or supplied under the name or description or for the purpose under or for which the accused sold or supplied and with a written warranty to that effect; ( b ) that at the time of the commission of the alleged offence the accused had no reason to believe that it was otherwise; and ( c ) that the substance or article was then in the same state as when the accused purchased it. (2) This section applies to section 31( b ), sections 32, 33 and 44 to 47 and the provisions of any regulations made under any of those sections. (3) A warranty is not a defence by virtue of this section unless the accused has, not later than 7 clear days before the date of the hearing, sent to the prosecution a copy of the warranty with a notice stating that the accused intends to rely on it and specifying the name and address of the person from whom the accused received it, and has also sent a like notice to that person. (4) Where the accused is an employee of the person who purchased the substance or article under the warranty, he or she is entitled to rely on this section in the same way as his or her employer would have been entitled to do if the employer had been charged with the offence. (5) The person by whom the warranty is alleged to have been given is entitled to appear at the hearing and to give evidence, and the court may, if it thinks fit, adjourn the hearing to enable the person to do so. (6) For the purposes of this section a name or description entered in an invoice is deemed to be a written warranty that the article or substance to which the name or description applies can be sold or supplied under that name or description by any person without contravening any provision to which this section applies.


document_id: ma-1975
provision_ref: s66
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 66
title: Offences in relation to warranties
content:
66. —(1) If an accused in any such proceedings as are mentioned in section 65(1) wilfully applies to any substance or article a warranty given in relation to a different substance or article the accused shall be guilty of an offence. (2) A person who, in respect of any substance or article sold by the person in respect of which a warranty might be pleaded under section 65, gives to the purchaser a false warranty in writing shall be guilty of an offence, unless the person proves that when the person gave the warranty the person had reason to believe that the statement or description contained in it was accurate. (3) Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: ma-1975
provision_ref: s67
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 67
title: Offences by bodies corporate
content:
67. Where an offence under this Act committed by a body corporate is proved to have been committed with the consent and connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the 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: ma-1975
provision_ref: s68
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 68
title: Certificate of analysis
content:
68. In any proceedings under this Act a certificate of analysis purporting to be signed by an analyst is, on its production by the prosecution without proof of the signature of the analyst, sufficient evidence of the facts stated in the certificate until the contrary is proved.


document_id: ma-1975
provision_ref: s69
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 69
title: Presumptions
content:
69. —(1) For the purposes of any proceedings under this Act for an offence consisting of — ( a ) offering a medicinal product for sale by retail in contravention of section 24 or any conditions prescribed for the purpose of section 25; or ( b ) offering a medicinal product for sale in contravention of section 31( b ), where it is proved that the medicinal product in question was found on a vehicle or stall from which medicinal products are sold, it is presumed, unless the contrary is proved, that the person in charge of the vehicle or stall offered that medicinal product for sale and, in a case falling within paragraph ( a ), that the person offered it for sale by retail. (2) For the purposes of any proceedings under this Act for an offence consisting of a contravention of so much of any provision to which this subsection applies as relates to a person having any medicinal product in the person’s possession for the purpose of sale or supply, where it is proved that the medicinal product in question was found in any premises occupied by the person charged with the offence or under that person’s control, it is presumed, unless the contrary is proved, that that person had that medicinal product in that person’s possession for the purpose of sale or supply. (3) Subsection (2) applies to sections 31( b ), 44(2) and (4), 46(2) and 47(3). (4) For the purposes of any proceedings under this Act for an offence consisting of a contravention of section 45(2) or (3), as relates to leaflets, where it is proved that the leaflet in question was found in any premises occupied by the person charged with the offence or under the person’s control, it is presumed, unless the contrary is proved, that the person had the leaflet in the person’s possession for the purpose of supplying it with a medicinal product.


document_id: ma-1975
provision_ref: s70
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 70
title: Service of documents
content:
70. Any notice or other document required or authorised by any provision of this Act to be served on any person, or to be given or sent to any person, may be served, given or sent — ( a ) by delivering it to that person; ( b ) by sending it by post to that person at that person’s usual or last known residence or place of business in Singapore; or ( c ) in the case of a body corporate, by delivering it to the secretary of the body corporate at its registered or principal office or sending it by post to the secretary of that body corporate at the office.


document_id: ma-1975
provision_ref: s71
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 71
title: Jurisdiction of District and Magistrate’s Courts
content:
71. Despite anything to the contrary contained in the Criminal Procedure Code 2010, a District Court or Magistrate’s Court has jurisdiction to try any offence under this Act and to impose the full penalty or punishment in respect of any such offence.


document_id: ma-1975
provision_ref: s72
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 72
title: Composition of offences
content:
72. The licensing authority may compound any offence under this Act or any regulations made under this Act by accepting from the person reasonably suspected of having committed the offence a sum not exceeding $2,000.


document_id: ma-1975
provision_ref: s72A
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 72A
title: Fees, charges, etc., collected by licensing authority to be paid to appropriate Authority
content:
72A. All fees, charges and other moneys recovered or collected by the licensing authority under this Act or any regulations made under this Act (including sums collected for the composition of offences under section 72) must be paid — ( a ) in the case where the licensing authority is the Chief Executive of the Authority, to the Authority; and ( b ) in the case where the licensing authority is the Director‑General, Animal Health and Welfare, to the National Parks Board established by the repealed National Parks Act (Cap. 198A, 1991 Revised Edition) as in force before 1 July 1996 and continued by section 3 of the National Parks Board Act 1996. [4/2001; 10/2019]


document_id: ma-1975
provision_ref: s73
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 73
title: Advisory committees
content:
73. The Minister may establish one or more advisory committees consisting of such members as the Minister may appoint for the purpose of giving advice to the licensing authority with regard to such matters arising out of the administration of this Act as are referred to them by the Minister.


document_id: ma-1975
provision_ref: s74
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 74
title: Regulations
content:
74. —(1) The Minister may make regulations for any purpose for which regulations are authorised or required to be made under this Act and generally for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), regulations made under this Act may — ( a ) prescribe fees for the grant or renewal of licences and certificates; ( b ) prescribe standard provisions for licences and certificates either in respect of medicinal products generally or any class of medicinal products; ( c ) provide for the registration of premises, other than pharmacies, used for the purpose of the retail sale, storage or supply of medicinal products; and ( d ) provide that any person who contravenes the regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: ma-1975
provision_ref: s75
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 75
title: Application of other written law not affected
content:
75. Except as expressly provided in this Act, this Act does not limit or affect in any way the provisions or operation of any other written law relating to any matter which may be dealt with in this Act. Repeal and consequential amendments 76. —(1) [ Deleted by Act 31 of 2022 wef 01/11/2022 ] Second Schedule (2) The Poisons Act 1938 is amended in the manner set out in the Second Schedule.


document_id: ma-1975
provision_ref: s77
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 77
title:
Act not to apply to products categorised and regulated as health products under Health Products Act 2007

content:
77. —(1) Where any product to which this Act applies has been categorised as a type of health product under the Health Products Act 2007, the Minister may, by order in the Gazette , declare that the provisions of this Act cease to apply to that type of product as from the date specified in the order, and the provisions of this Act, as from the date so specified, cease to apply to that type of product. [15/2007] (2) The Minister may, in making any order under subsection (1), prescribe such transitional, saving and other consequential provisions as the Minister may consider necessary or expedient. [15/2007]


document_id: ma-2008
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “assistant”, in relation to an applicant for a licence or a licensee — ( a ) means any person employed or engaged, or proposed to be employed or engaged, by the applicant or the licensee for the purposes of the applicant’s or the licensee’s business of moneylending, other than to manage the applicant’s or the licensee’s business of moneylending; and ( b ) includes a person who is employed or engaged, or proposed to be employed or engaged, by the applicant or licensee to collect any debt on behalf of the applicant or licensee; “Authority” means the Monetary Authority of Singapore established under section 3 of the Monetary Authority of Singapore Act 1970; “bank” means — ( a ) a bank licensed under the Banking Act 1970; or ( b ) a merchant bank licensed under the Banking Act 1970, and includes a finance company licensed under the Finance Companies Act 1967; “body corporate” includes a limited liability partnership; “book” includes any account, deed, writing or document and any other record of information, however compiled, recorded or stored, whether in written or printed form or on microfilm or by electronic process or otherwise; “business day” means any day other than a Saturday, Sunday or public holiday; [Act 38 of 2023 wef 01/03/2024] “business name”, in relation to a moneylender, means the name under which the moneylender is authorised by a licence to carry on the business of moneylending; “business trust” has the meaning given by section 2 of the Business Trusts Act 2004; “company” means a company limited by shares under the Companies Act 1967; “corporation” has the meaning given by section 4(1) of the Companies Act 1967; “director” has the meaning given by section 4(1) of the Companies Act 1967; “excluded moneylender” means — ( a ) any body corporate, incorporated or empowered by an Act of Parliament to lend money in accordance with that Act; ( b ) any person licensed, approved, registered or otherwise regulated by the Authority under any other written law, to the extent that the person is permitted or authorised to lend money or is not prohibited from lending money under that other written law; ( c ) any society registered as a credit society under the Co‑operative Societies Act 1979; ( d ) any person who carries on the business of pawnbroking in accordance with section 6(2)( a ), ( b ), ( c ) or ( d ) of the Pawnbrokers Act 2015; [Act 32 of 2024 wef 25/11/2024] ( e ) any person who — (i) lends money solely to the person’s employees as a benefit of employment; (ii) lends money solely to accredited investors within the meaning of section 4A of the Securities and Futures Act 2001; (iii) lends money solely to — (A) corporations; (B) limited liability partnerships; (C) trustees or trustee-managers (as the case may be) of business trusts for the purposes of the business trusts; (D) trustees of real estate investment trusts for the purposes of the real estate investment trusts, or who carries on any combination of such activities or services; or ( f ) any person carrying on any business not having for its primary object the lending of money in the course of which and for the purposes of which the person lends money; “exempt moneylender” means any moneylender who has been granted an exemption under section 91 or 92 from holding a licence; “interest”, in relation to a loan, means any amount by any name called, in excess of the principal paid or payable to a moneylender in consideration of or otherwise in respect of the loan, but does not include any permitted fee, stamp duty or other fee payable under this Act or any other written law; “licence” means a moneylender’s licence issued or renewed under this Act, and “licensee” is to be construed accordingly; “limited liability partnership” has the meaning given by the Limited Liability Partnerships Act 2005; “moneylender” means a person who, whether as principal or agent, carries on or holds himself, herself or itself out in any way as carrying on the business of moneylending, whether or not the person carries on any other business, but does not include any excluded moneylender; “permitted fee”, in relation to a loan, means the costs, charges or expenses prescribed under section 35(1) that may be imposed on the borrower under the contract for the loan; “principal”, in relation to a loan, means the amount actually lent by a moneylender under the contract for the loan; “real estate investment trust” has the meaning given by section 2(1) of the Securities and Futures Act 2001; “Registrar” means the Registrar of Moneylenders appointed under section 4 and includes a Deputy Registrar of Moneylenders and an Assistant Registrar of Moneylenders appointed under that section; “substantial shareholder” and “substantial shareholding” have the meanings given by Division 4 of Part 4 of the Companies Act 1967; “unlicensed moneylender” means a person — ( a ) who is presumed to be a moneylender under section 3; and ( b ) who is not a licensee or an exempt moneylender. [2/2015; 4/2017; 7/2018; 1/2020]


document_id: ma-2008
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Persons presumed to be moneylenders
content:
3. Any person, other than an excluded moneylender, who lends a sum of money in consideration of a larger sum being repaid is presumed, until the contrary is proved, to be a moneylender.


document_id: ma-2008
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Appointment of Registrar, etc.
content:
4. The Minister may appoint any public officer to be the Registrar of Moneylenders and any number of public officers that the Minister thinks fit to be Deputy Registrars of Moneylenders and Assistant Registrars of Moneylenders under this Act.


document_id: ma-2008
provision_ref: s5
chapter: PART 2 - LICENSING OF MONEYLENDERS
section: 5
title: No moneylending except under licence, etc.
content:
5. —(1) A person must not carry on or hold out in any way that the person is carrying on the business of moneylending in Singapore, whether as principal or as agent, unless the person — ( a ) is authorised to do so by a licence; ( b ) is an excluded moneylender; or ( c ) is an exempt moneylender. (2) For the purposes of subsection (1), a person who wholly or partly carries on, from a place outside Singapore, the business of moneylending in Singapore is taken to have carried on that business in Singapore. (3) The Minister may prescribe different classes or descriptions of licences for the purposes of this Act. (4) An application for the issue of a licence must be — ( a ) made in the form and manner determined by the Registrar; and ( b ) accompanied by the payment of a non-refundable application fee of a prescribed amount, which must be paid in the manner specified by the Registrar. (5) The Registrar may issue a licence with or without conditions, or may refuse to issue a licence. (6) Without affecting sections 7 and 8, the Registrar must not issue a licence — ( a ) where any information or statement furnished by the applicant that is material to the application for the issue of a licence under this section is incomplete, false or misleading; ( b ) where the applicant does not satisfy the requirements of the class or description of the licence applied for; or ( c ) where the applicant does not place with the Accountant‑General as security for the proper conduct of the applicant’s business of moneylending in Singapore, in the form determined by the Registrar, a deposit of such amount as the Minister may prescribe, for each place of business in respect of which the applicant is to be licensed. [7/2018] (7) Every licence comes into operation on the date specified in the licence, and is valid for a period of 12 months or any other prescribed period specified in the licence. (8) The Registrar may at any time, by written notice to the licensee, vary or revoke any of the existing conditions of the licence or impose new conditions.


document_id: ma-2008
provision_ref: s6
chapter: PART 2 - LICENSING OF MONEYLENDERS
section: 6
title: Renewal of licences
content:
6. —(1) An application for the renewal of a licence must be made at least one month before the expiry of the licence, in the form and manner determined by the Registrar. (2) For the purpose of subsection (1), every licensee must notify the Registrar at least one month before the expiry of the licence if the licensee does not wish to renew the licence. (3) The Registrar may renew a licence with or without conditions, or may refuse to renew a licence. (4) Without affecting sections 7 and 8, the Registrar must not renew a licence — ( a ) where any information or statement furnished by the licensee that is material to the application for the renewal of the licence under this section is incomplete, false or misleading; ( b ) where the licensee ceases to satisfy the requirements of the class or description of the licence to be renewed; or ( c ) where the licensee does not place or maintain with the Accountant-General as security for the proper conduct of the licensee’s business of moneylending in Singapore, in the form determined by the Registrar, a deposit of such amount as the Minister may prescribe, for each place of business in respect of which the licence is to be renewed. [7/2018] (5) Upon the renewal of a licence, the licence continues to be valid for a further period of 12 months or any other prescribed period specified in the licence from the date immediately following that on which, but for its renewal, the licence would have expired.


document_id: ma-2008
provision_ref: s7
chapter: PART 2 - LICENSING OF MONEYLENDERS
section: 7
title: Licensees to be companies
content:
7. —(1) On and after 29 March 2019 — ( a ) no person other than a company with a paid-up capital that is equal to or greater than the prescribed amount may hold a licence; and ( b ) the Registrar must not issue or renew a licence unless the applicant is a company with a paid-up capital that is equal to or greater than the prescribed amount. [7/2018] (2) A licence that is granted to a person that is not a company with a paid-up capital that is equal to or greater than the prescribed amount, and that is in force immediately before 29 March 2019, is deemed to be revoked as from 29 March 2019. [7/2018] (3) The revocation of a licence under subsection (2) does not affect any moneylending transaction entered into before 29 March 2019. [6A [7/2018]


document_id: ma-2008
provision_ref: s8
chapter: PART 2 - LICENSING OF MONEYLENDERS
section: 8
title: Other grounds for refusing to issue or renew licence, etc.
content:
8. —(1) For the purposes of sections 5 and 6, the Registrar may refuse to issue or renew a licence on any of the following grounds: ( a ) if any person who is or will be responsible for the management of the applicant’s business of moneylending is not ordinarily resident in Singapore; ( b ) if any director of the applicant or any person who is or will be responsible for the management of the applicant’s business of moneylending is below 21 years of age; ( c ) if the Registrar is not satisfied that the applicant has any place of business in respect of which the licence is to be issued or renewed that is suitable for a business of moneylending, or the Registrar is of the view that it is not in the public interest for a business of moneylending to be conducted in such a place; ( d ) if the applicant, any director or substantial shareholder of the applicant, or any person who is or will be responsible for the management of the applicant’s business of moneylending — (i) has been convicted of any offence involving dishonesty or moral turpitude; (ii) has been convicted of any offence under sections 50 to 57 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992, the Terrorism (Suppression of Financing) Act 2002 or any regulation made under the United Nations Act 2001; (ii a ) has been convicted of an offence under any provision of any other written law relating to — (A) the prevention of money laundering; (B) the prevention of terrorism financing; or (C) the prevention of the financing of proliferation of weapons of mass destruction; [Act 6 of 2024 wef 01/05/2024] (ii b ) has been convicted of an offence under the law of any foreign country or territory relating to — (A) the prevention of money laundering; (B) the prevention of terrorism financing; or (C) the prevention of the financing of proliferation of weapons of mass destruction; [Act 6 of 2024 wef 01/05/2024] (iii) is contravening or has contravened any provision of this Act; (iv) has been convicted of any offence under this Act; or (v) is carrying on or has carried on any business of moneylending, in Singapore or elsewhere, in such a manner as renders the applicant unfit to hold a licence; ( e ) if the Registrar is not satisfied as to the qualification or experience of any person who is or will be responsible for the management of the applicant’s business of moneylending; ( f ) if the Registrar is not satisfied as to the good character of any director or substantial shareholder of the applicant or any person who is or will be responsible for the management of the applicant’s business of moneylending; ( g ) if the Registrar is not satisfied that the applicant, any director or substantial shareholder of the applicant, or any person who is or will be responsible for the management of the applicant’s business of moneylending is a fit and proper person to carry on or manage a business of moneylending; ( h ) if any assistant employed or engaged, or proposed to be employed or engaged, by the applicant has, whether before, on or after the commencement date — (i) been convicted of any offence involving dishonesty or moral turpitude; (ii) been convicted of any offence under sections 50 to 57 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992, the Terrorism (Suppression of Financing) Act 2002 or any regulation made under the United Nations Act 2001; (ii a ) been convicted of an offence under any provision of any other written law relating to — (A) the prevention of money laundering; (B) the prevention of terrorism financing; or (C) the prevention of the financing of proliferation of weapons of mass destruction; [Act 6 of 2024 wef 01/05/2024] (ii b ) been convicted of an offence under the law of any foreign country or territory relating to — (A) the prevention of money laundering; (B) the prevention of terrorism financing; or (C) the prevention of the financing of proliferation of weapons of mass destruction; [Act 6 of 2024 wef 01/05/2024] (iii) contravened or is contravening any provision of this Act or any corresponding previous written law; (iv) been convicted of any offence under this Act or any corresponding previous written law; or (v) carried on any business of moneylending in Singapore or any foreign country or territory — (A) for which the licence has been revoked or suspended under this Act or any corresponding previous written law; or (B) the approval, authorisation, registration or licence of or for which has been withdrawn, cancelled or revoked by a regulatory authority in that foreign country or territory; [Act 6 of 2024 wef 01/05/2024] ( i ) if the Registrar is not satisfied that any assistant employed or engaged, or proposed to be employed or engaged, by the applicant is of good character and is a fit and proper person. [7/2018] (2) For the purposes of sections 5 and 6 and without affecting subsection (1), where an application is made by any person for the issue or renewal of a licence to carry on the business of moneylending as an agent for a principal, the licence must not be issued or renewed where — ( a ) any of the grounds for the refusal of a licence under subsection (1) applies to the agent, any director or substantial shareholder of the agent, or any person who is or will be responsible for the management of the agent’s business of moneylending; ( b ) the Registrar is not satisfied as to the good character of any director or substantial shareholder of the principal, or any person who is or will be responsible for the management of the principal’s business of moneylending; ( c ) the Registrar is not satisfied that the principal, any director or substantial shareholder of the principal, or any person who is or will be responsible for the management of the principal’s business of moneylending is a fit and proper person to carry on or manage a business of moneylending; or ( d ) the principal, or any present or former agent of the principal, has been disqualified by an order of a court from carrying on a business of moneylending or holding a licence to carry on such business. [7/2018] (3) Any person who is aggrieved by the Registrar’s refusal to issue or renew a licence may, within 14 days of being so informed, appeal in writing to the Minister whose decision is final. (4) In subsection (1)( h ), “commencement date” means the date of commencement of section 24 of the Prevention of Proliferation Financing and Other Matters Act 2024. [Act 6 of 2024 wef 01/05/2024] [7


document_id: ma-2008
provision_ref: s9
chapter: PART 2 - LICENSING OF MONEYLENDERS
section: 9
title: Licence fee
content:
9. —(1) Every licensee must pay such licence fee as may be prescribed for the issue or renewal of the licence by the Registrar. (2) The Minister may prescribe different licence fees in respect of different classes or descriptions of licences. (3) Where a licensee has more than one place of business, the licensee must pay such additional licence fee as may be prescribed for each additional place of business according to the class or description of licence which the licensee holds. (4) The licence fees must be paid in the manner specified by the Registrar. (5) Subject to subsection (6), there is no refund of any licence fee paid to the Registrar in the event that a licence is revoked or suspended or when the licensee ceases to carry on the business of moneylending at any time before the expiry of the licence. (6) The Registrar may, where he or she considers it appropriate, refund or remit the whole or part of any licence fee paid or payable under this Act. [8


document_id: ma-2008
provision_ref: s10
chapter: PART 2 - LICENSING OF MONEYLENDERS
section: 10
title: Revocation or suspension of licence
content:
10. —(1) The Registrar may revoke a licence, or suspend it for any period that he or she considers appropriate, if the Registrar is satisfied — ( a ) that the licensee — (i) has ceased to carry on the business of moneylending, or is wound up or otherwise dissolved; (ii) has not carried on the business of moneylending within 6 months, or such longer period as the Registrar may approve in writing, after the issue of the licence; (iii) had, in connection with an application for the issue or renewal of the licence — (A) knowingly or recklessly furnished any information or statement to the Registrar which was false or misleading in a material particular; (B) wilfully omitted to state any matter without which the application was misleading in a material particular; or (C) produced to the Registrar any book, record or other document which the licensee knew or had reason to believe contained information which was false or misleading in a material particular; (iv) has contravened any condition of the licence; (v) is conducting or has conducted the licensee’s business of moneylending in an improper or unsatisfactory manner; or (vi) has carried on a business of moneylending at any place which the Registrar has not approved under section 11, or has contravened any condition of approval for a place of business imposed under that section; or ( b ) that there exists a ground on which the Registrar may refuse to issue or renew a licence under section 8, whether in relation to the licensee or the licensee’s principal. [7/2018] (2) The Registrar must, before revoking or suspending any licence under subsection (1), give the licensee notice in writing of the Registrar’s intention to do so, specifying a date, at least 21 days after the date of the notice, upon which the revocation or suspension will take effect unless the licensee shows cause to the Registrar as to why the licence should not be revoked or suspended. (3) Where, after the licensee has shown cause under subsection (2), the Registrar decides to revoke or suspend a licence, the Registrar must notify the licensee of the Registrar’s decision in writing and specify a date, at least 14 days after the date of the notice, upon which the revocation or suspension will take effect. (4) The licensee may, within 14 days after the date of the notice under subsection (3), appeal in writing against the revocation or suspension to the Minister whose decision is final. (5) If the licensee appeals to the Minister under subsection (4), the decision appealed against does not take effect unless it is confirmed by the Minister, or the appeal is for any reason dismissed by the Minister or is withdrawn. (6) Any decision of the Registrar to revoke or suspend a licence made under this section does not affect any moneylending transaction entered into before the date the decision is made. [9


document_id: ma-2008
provision_ref: s11
chapter: PART 2 - LICENSING OF MONEYLENDERS
section: 11
title: Approval of places of business
content:
11. —(1) An applicant for the issue of a licence or a licensee who intends to carry on the business of moneylending at any new place or places of business must, before commencing the business of moneylending at the place or places, apply in writing to the Registrar to approve the place or places of business for moneylending. [8/2012] (2) The Registrar may approve any place of business for moneylending with or without conditions, or may refuse to grant an approval. (3) The Registrar must not approve any place of business for moneylending — ( a ) unless the applicant is a licensee or the applicant’s application for a licence is approved; ( b ) where any information or statement furnished by the applicant that is material to its application for approval under this section is incomplete, false or misleading; ( c ) where the applicant, being a licensee, does not place with the Accountant-General as security for the proper conduct of the applicant’s business of moneylending in Singapore, in the form determined by the Registrar, a deposit of such amount as the Minister may prescribe, for each additional place of business; or ( d ) where the Registrar is not satisfied that the place of business is suitable for a business of moneylending, or the Registrar is of the view that it is not in the public interest for a business of moneylending to be conducted in such a place. [7/2018] (4) The Registrar may at any time, by written notice to the licensee, vary or revoke any of the existing conditions of the approval of a place of business for moneylending or impose new conditions. (5) The Registrar may revoke his or her approval under this section, or suspend his or her approval for any period that he or she considers appropriate, if the Registrar is satisfied that — ( a ) the licensee has contravened any condition of approval imposed under this section; or ( b ) there exists a ground on which the Registrar may refuse to approve the place of business for moneylending under subsection (3). (6) The Registrar must, before revoking or suspending his or her approval under subsection (5), give the licensee notice in writing of the Registrar’s intention to do so, specifying a date, at least 21 days after the date of the notice, upon which the revocation or suspension will take effect unless the licensee shows cause to the Registrar as to why the approval should not be revoked or suspended. (7) If, after the licensee has shown cause under subsection (6), the Registrar decides to proceed to revoke or suspend his or her approval, the Registrar must notify the licensee of the Registrar’s decision in writing and specify a date, at least 14 days after the date of the notice, upon which the revocation or suspension will take effect. (8) The licensee may, within 14 days after the date of the notice under subsection (7), appeal in writing against the revocation or suspension to the Minister whose decision is final. (9) If the licensee appeals to the Minister under subsection (8), the decision appealed against does not take effect unless it is confirmed by the Minister, or the appeal is for any reason dismissed by the Minister or is withdrawn. (10) Any decision of the Registrar to revoke or suspend his or her approval under this section does not affect any moneylending transaction entered into before the date the decision is made. (11) The approval of any place of business for moneylending — ( a ) is suspended for the duration of any suspension of the relevant licence; and ( b ) terminates as at the date of the expiry or revocation of the relevant licence. (12) Any licensee who — ( a ) carries on the business of moneylending at a place of business without the Registrar’s approval; or ( b ) carries on the business of moneylending at a place of business in respect of which the Registrar’s approval has been revoked or is suspended, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000. [8/2012] (13) Any licensee who contravenes any condition of approval imposed under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000. [10


document_id: ma-2008
provision_ref: s12
chapter: PART 2 - LICENSING OF MONEYLENDERS
section: 12
title: Forfeiture of security deposit
content:
12. —(1) The Registrar may, without affecting the exercise of any other power under this Act, forfeit the whole or such part of any security deposit placed with the Accountant‑General under section 5(6)( c ), 6(4)( c ) or 11(3)( c ) as the Registrar thinks fit if the Registrar is satisfied that there exists a ground for the revocation or suspension of the licence under section 10(1). (2) The Registrar must, before forfeiting the whole or part of the security deposit under subsection (1), give the licensee notice in writing of the Registrar’s intention to do so specifying a date, at least 14 days after the date of the notice, upon which the forfeiture will be made unless the licensee shows cause to the Registrar as to why the whole or part of the security deposit should not be forfeited. (3) Where, after the licensee has shown cause under subsection (2), the Registrar decides to forfeit the security deposit or any part of it, the Registrar must notify the licensee of the Registrar’s decision in writing and specify a date, at least 14 days after the date of the notice, upon which the security deposit or that part of it will be forfeited. (4) The licensee may, within 14 days after the date of the notice under subsection (3), appeal in writing against the forfeiture of the licensee’s security deposit or any part of it to the Minister whose decision is final. (5) If the licensee appeals to the Minister under subsection (4), the Registrar must not forfeit the security deposit or any part of it unless the Registrar’s decision to do so is confirmed by the Minister, or the appeal is for any reason dismissed by the Minister or is withdrawn. (6) Where the licensee lawfully continues to carry on the business of moneylending under this Act after the licensee’s security deposit or any part of it has been forfeited, the licensee must restore the security deposit to the full amount as required under this Act by placing with the Accountant‑General an appropriate amount in the form and within the time required by the Registrar. [11


document_id: ma-2008
provision_ref: s13
chapter: PART 2 - LICENSING OF MONEYLENDERS
section: 13
title: Approval before employing or engaging assistant, etc.
content:
13. —(1) A licensee must not, without the written approval of the Registrar, employ or engage any assistant. [7/2018] (2) An application for the Registrar’s approval mentioned in subsection (1) must be made in the form and manner specified by the Registrar. [7/2018] (3) On an application by a licensee for the Registrar’s approval mentioned in subsection (1), the Registrar may — ( a ) grant the approval applied for; or ( b ) refuse to grant the approval applied for. [7/2018] (4) The Registrar must refuse to grant an approval under subsection (3)( b ) if the Registrar is not satisfied that the person in respect of whom the approval is sought is of good character and is a fit and proper person. [7/2018] (5) Without limiting subsection (4), the Registrar may refuse to approve as an assistant any person who, whether before, on or after the commencement date — ( a ) has been convicted of any offence involving dishonesty or moral turpitude; ( b ) has been convicted of any offence under sections 50 to 57 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992, the Terrorism (Suppression of Financing) Act 2002 or any regulation made under the United Nations Act 2001; ( ba ) has been convicted of an offence under any provision of any other written law relating to — (i) the prevention of money laundering; (ii) the prevention of terrorism financing; or (iii) the prevention of the financing of proliferation of weapons of mass destruction; [Act 6 of 2024 wef 01/05/2024] ( bb ) has been convicted of an offence under the law of any foreign country or territory relating to — (i) the prevention of money laundering; (ii) the prevention of terrorism financing; or (iii) the prevention of the financing of proliferation of weapons of mass destruction; [Act 6 of 2024 wef 01/05/2024] ( c ) is contravening or has contravened any provision of this Act or any corresponding previous written law; ( d ) has been convicted of any offence under this Act or any corresponding previous written law; or ( e ) has carried on any business of moneylending in Singapore or any foreign country or territory — (i) for which the licence has been revoked or suspended under this Act or any corresponding previous written law; or (ii) the approval, authorisation, registration or licence of or for which has been withdrawn, cancelled or revoked by a regulatory authority in that foreign country or territory. [7/2018] [Act 6 of 2024 wef 01/05/2024] (6) The Registrar may cancel any approval granted under subsection (3)( a ) in respect of a person if the Registrar — ( a ) has reasonable grounds to believe that the approval has been obtained by fraud or misrepresentation; ( b ) is no longer satisfied that the person is of good character; or ( c ) is no longer satisfied that the person is a fit and proper person. [7/2018] (7) The Registrar must not refuse to grant an approval under subsection (3)( b ) or cancel any approval under subsection (6) without giving the licensee concerned an opportunity to be heard. [7/2018] (8) Where an approval granted under subsection (3)( a ) is cancelled under subsection (6), the Registrar must notify the licensee concerned and the person in respect of whom the approval was granted of the cancellation and the date on which the approval is cancelled. [7/2018] (9) Starting on the date after the date of cancellation of approval specified in the notice under subsection (8) — ( a ) the licensee must stop employing or engaging the person in respect of whom the approval was cancelled; and ( b ) the person in respect of whom the approval was cancelled must cease to act for the licensee. [7/2018] (10) Every licensee must submit to the Registrar, in the form and manner and at the time specified by the Registrar, the names and particulars of every assistant who, as at the date of the submission, is employed or engaged by the licensee. [7/2018] (11) Every licensee must notify the Registrar, in writing, when any person ceases to be employed or engaged by the licensee as an assistant, not later than 7 business days after the cessation. [7/2018] [Act 38 of 2023 wef 01/03/2024] (12) Any person who, without reasonable excuse, contravenes subsection (1), (9), (10) or (11) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $20,000; and ( b ) 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. [7/2018] (13) Where — ( a ) in fulfilment of a condition of a licence imposed under section 5(5), a licensee has obtained, before 30 November 2018, the Registrar’s approval to employ or engage an assistant; and ( b ) the approval has not been cancelled, the licensee is, on or after that date, treated as having been granted the written approval of the Registrar under subsection (3)( a ) to employ or engage the assistant. (14) In subsection (5), “commencement date” means the date of commencement of section 25 of the Prevention of Proliferation Financing and Other Matters Act 2024. [Act 6 of 2024 wef 01/05/2024] [11A [7/2018]


document_id: ma-2008
provision_ref: s14
chapter: PART 2 - LICENSING OF MONEYLENDERS
section: 14
title:
Approval, notification and submission of information relating to person taking part in management, etc.

content:
14. —(1) A licensee must not, without the written approval of the Registrar, permit any person to — ( a ) take part (whether directly or indirectly) in the management of the licensee’s business of moneylending; or ( b ) become a director of the licensee. [7/2018] (2) An application for the Registrar’s approval mentioned in subsection (1) must be made in the form and manner specified by the Registrar. [7/2018] (3) On an application by a licensee for the Registrar’s approval mentioned in subsection (1), the Registrar may — ( a ) grant the approval applied for; or ( b ) refuse to grant the approval applied for. [7/2018] (4) The Registrar must refuse to grant an approval under subsection (3)( b ) if the Registrar is not satisfied that the person in respect of whom the approval is applied for is of good character and is a fit and proper person. [7/2018] (5) Without limiting subsection (4), the Registrar may refuse to grant an approval under subsection (3)( b ) to any person who, whether before, on or after the commencement date — ( a ) has been convicted of any offence involving dishonesty or moral turpitude; ( b ) has been convicted of any offence under sections 50 to 57 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992, the Terrorism (Suppression of Financing) Act 2002 or any regulation made under the United Nations Act 2001; ( ba ) has been convicted of an offence under any provision of any other written law relating to — (i) the prevention of money laundering; (ii) the prevention of terrorism financing; or (iii) the prevention of the financing of proliferation of weapons of mass destruction; [Act 6 of 2024 wef 01/05/2024] ( bb ) has been convicted of an offence under the law of any foreign country or territory relating to — (i) the prevention of money laundering; (ii) the prevention of terrorism financing; or (iii) the prevention of the financing of proliferation of weapons of mass destruction; [Act 6 of 2024 wef 01/05/2024] ( c ) is contravening or has contravened any provision of this Act or any corresponding previous written law; ( d ) has been convicted of any offence under this Act or any corresponding previous written law; or ( e ) has carried on any business of moneylending in Singapore or any foreign country or territory — (i) for which the licence has been revoked or suspended under this Act or any corresponding previous written law; or (ii) the approval, authorisation, registration or licence of or for which has been withdrawn, cancelled or revoked by a regulatory authority in that foreign country or territory. [7/2018] [Act 6 of 2024 wef 01/05/2024] (6) The Registrar may cancel any approval granted under subsection (3)( a ) in respect of a person if the Registrar — ( a ) has reasonable grounds to believe that the approval has been obtained by fraud or misrepresentation; ( b ) is no longer satisfied that the person is of good character; or ( c ) is no longer satisfied that the person is a fit and proper person. [7/2018] (7) The Registrar must not refuse to grant an approval under subsection (3)( b ) or cancel any approval under subsection (6) without giving the licensee concerned an opportunity to be heard. [7/2018] (8) Where an approval granted under subsection (3)( a ) is cancelled under subsection (6), the Registrar must notify the licensee concerned and the person in respect of whom the approval was granted of the cancellation and the date on which the approval is cancelled. [7/2018] (9) Starting on the date after the date of cancellation of approval specified in the notice under subsection (8) — ( a ) the licensee must not permit the person in respect of whom the approval was cancelled — (i) to take part (whether directly or indirectly) in the management of the licensee’s business of moneylending; or (ii) to be a director of the licensee; and ( b ) the person in respect of whom the approval was cancelled must — (i) cease to take part (whether directly or indirectly) in the management of the licensee’s business of moneylending; or (ii) cease to be a director of the licensee. [7/2018] (10) Every licensee must submit to the Registrar, in the form and manner and at the time specified by the Registrar, the names and particulars of every person who, as at the date of the submission — ( a ) is taking part (whether directly or indirectly) in the management of the licensee’s business of moneylending; or ( b ) is a director of the licensee. [7/2018] (11) Where any person — ( a ) ceases to take part (whether directly or indirectly) in the management of a licensee’s business of moneylending; or ( b ) ceases to be a director of a licensee, the licensee must notify the Registrar in writing of the cessation not later than 7 business days after becoming aware of the cessation. [7/2018] [Act 38 of 2023 wef 01/03/2024] (12) Any person who, without reasonable excuse, contravenes subsection (1), (9), (10) or (11) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $20,000; and ( b ) 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. [7/2018] (13) Where — ( a ) a licensee has obtained the Registrar’s approval under section 12(1)( b ) of this Act as in force immediately before 30 November 2018 for the admission of a person who will be responsible for the management of the licensee’s business of moneylending; and ( b ) the approval has not been cancelled, the licensee is treated as having been granted the Registrar’s approval under subsection (3)( a ) to permit the person to take part (whether directly or indirectly) in the management of the licensee’s business of moneylending. [7/2018] (14) Where — ( a ) a licensee has obtained the Registrar’s approval under section 12(1)( c ) of this Act as in force immediately before 30 November 2018 for a person to become a director or partner of the licensee; and ( b ) the approval has not been cancelled, the licensee is treated as having been granted the Registrar’s approval under subsection (3)( a ) to permit the person to become a director or partner of the licensee. (15) In subsection (5), “commencement date” means the date of commencement of section 26 of the Prevention of Proliferation Financing and Other Matters Act 2024. [Act 6 of 2024 wef 01/05/2024] [11B [7/2018]


document_id: ma-2008
provision_ref: s15
chapter: PART 2 - LICENSING OF MONEYLENDERS
section: 15
title: Approval of change in business name
content:
15. —(1) Every licensee must obtain the written approval of the Registrar before changing the licensee’s business name. [7/2018] (2) An application for the Registrar’s approval mentioned in subsection (1) must be made in the form and manner specified by the Registrar. [7/2018] (3) On an application by a licensee for the Registrar’s approval mentioned in subsection (1), the Registrar may — ( a ) grant the approval applied for; or ( b ) refuse to grant the approval applied for. [7/2018] (4) The Registrar must not refuse to grant an approval under subsection (3)( b ) without giving the licensee concerned an opportunity to be heard. [7/2018] (5) Any licensee who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000. [11C [7/2018]


document_id: ma-2008
provision_ref: s16
chapter: PART 2 - LICENSING OF MONEYLENDERS
section: 16
title: Notification of certain events
content:
16. —(1) If any event in subsection (3) occurs, the licensee in question must notify the Registrar in writing of the occurrence not later than 7 business days after the licensee becomes aware of the event. [Act 38 of 2023 wef 01/03/2024] (2) [ Deleted by Act 38 of 2023 wef 01/03/2024 ] (3) The events mentioned in subsection (1) are the following: ( a ) the making of an application to the General Division of the High Court for a bankruptcy order against any director or substantial shareholder of the licensee; ( b ) the making of an application to the General Division of the High Court under the Companies Act 1967 to summon a meeting of the creditors or members of — (i) the licensee; or (ii) any substantial shareholder of the licensee; ( c ) the making of an application to the General Division of the High Court under the Insolvency, Restructuring and Dissolution Act 2018 or any previous written law for the court to approve a compromise or arrangement between — (i) the licensee; or (ii) any substantial shareholder of the licensee, and the creditors of the licensee or substantial holder (as the case may be) or any class of those creditors, without any meeting of the creditors or class of creditors; ( d ) the making of an application to the General Division of the High Court under the Insolvency, Restructuring and Dissolution Act 2018 or any previous written law to place under judicial management — (i) the licensee; or (ii) any substantial shareholder of the licensee; ( e ) the lodgment of a written notice of the appointment of an interim judicial manager under section 94(5)( a ) of the Insolvency, Restructuring and Dissolution Act 2018 in respect of — (i) the licensee; or [Act 38 of 2023 wef 01/03/2024] (ii) any substantial shareholder of the licensee; [Act 38 of 2023 wef 01/03/2024] (iii) [ Deleted by Act 38 of 2023 wef 01/03/2024 ] ( f ) the making of an order under the Insolvency, Restructuring and Dissolution Act 2018 or any previous written law or the Limited Liability Partnerships Act 2005, appointing a receiver or manager, or a receiver and manager, of the property of — (i) the licensee; or (ii) any substantial shareholder of the licensee; ( g ) the passing of a resolution under the Insolvency, Restructuring and Dissolution Act 2018 or any previous written law or the Limited Liability Partnerships Act 2005, for the voluntary winding up of — (i) the licensee; or (ii) any substantial shareholder of the licensee; ( h ) the making of an application to the General Division of the High Court under the Insolvency, Restructuring and Dissolution Act 2018 or any previous written law or the Limited Liability Partnerships Act 2005, for winding up by an order of the court of — (i) the licensee; or (ii) any substantial shareholder of the licensee; ( i ) the making of a statutory declaration under the Companies Act 1967 or the Limited Liability Partnerships Act 2005, in respect of — (i) the licensee; or (ii) any substantial shareholder of the licensee. [7/2018; 40/2018; 40/2019] [Act 38 of 2023 wef 01/03/2024] (4) When a licensee notifies the Registrar of an event under subsection (1) — ( a ) the Registrar may require the licensee to notify the Registrar of any further event in relation to that event; and ( b ) the licensee must notify the Registrar of the further event no later than 7 business days after the licensee becomes aware that the further event has occurred. [7/2018] [Act 38 of 2023 wef 01/03/2024] [Act 38 of 2023 wef 01/03/2024] (5) Any licensee who, without reasonable excuse, contravenes subsection (1) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000. [11D [7/2018] [Act 38 of 2023 wef 01/03/2024]


document_id: ma-2008
provision_ref: s17
chapter: PART 2 - LICENSING OF MONEYLENDERS
section: 17
title: Approval concerning substantial shareholding
content:
17. —(1) A person must not become a substantial shareholder of a licensee without the written approval of the Registrar. [7/2018] (2) A substantial shareholder of a licensee must not increase the person’s substantial shareholding in a licensee without the written approval of the Registrar. [7/2018] (3) Subsections (1) and (2) do not apply in relation to any licensee that has been admitted to the official list of a securities exchange in Singapore and has not been removed from that list. [7/2018] (4) An application for the Registrar’s approval mentioned in subsection (1) or (2) must be made in the form and manner specified by the Registrar. [7/2018] (5) On an application by a licensee for the Registrar’s approval mentioned in subsection (1) or (2), the Registrar may — ( a ) grant the approval applied for; or ( b ) refuse to grant the approval applied for. [7/2018] (6) The Registrar must refuse to grant an approval under subsection (5)( b ) if the Registrar is not satisfied that the applicant is of good character and is a fit and proper person. [7/2018] (7) Without limiting subsection (6), the Registrar may refuse to grant an approval under subsection (5)( b ) to any person who, whether before, on or after the commencement date — ( a ) has been convicted of any offence involving dishonesty or moral turpitude; ( b ) has been convicted of any offence under sections 50 to 57 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992, the Terrorism (Suppression of Financing) Act 2002 or any regulation made under the United Nations Act 2001; ( ba ) has been convicted of an offence under any provision of any other written law relating to — (i) the prevention of money laundering; (ii) the prevention of terrorism financing; or (iii) the prevention of the financing of proliferation of weapons of mass destruction; [Act 6 of 2024 wef 01/05/2024] ( bb ) has been convicted of an offence under the law of any foreign country or territory relating to — (i) the prevention of money laundering; (ii) the prevention of terrorism financing; or (iii) the prevention of the financing of proliferation of weapons of mass destruction; [Act 6 of 2024 wef 01/05/2024] ( c ) is contravening or has contravened any provision of this Act or any corresponding previous written law; ( d ) has been convicted of any offence under this Act or any corresponding previous written law; or ( e ) has carried on any business of moneylending in Singapore or any foreign country or territory — (i) for which the licence has been revoked or suspended under this Act or any corresponding previous written law; or (ii) the approval, authorisation, registration or licence of or for which has been withdrawn, cancelled or revoked by a regulatory authority in that foreign country or territory. [7/2018] [Act 6 of 2024 wef 01/05/2024] (8) The Registrar may cancel any approval granted under subsection (5)( a ) in respect of a person if the Registrar — ( a ) has reasonable grounds to believe that the approval has been obtained by fraud or misrepresentation; ( b ) is no longer satisfied that the person is of good character; or ( c ) is no longer satisfied that the person is a fit and proper person. [7/2018] (9) The Registrar must not refuse to grant an approval under subsection (5)( b ) or cancel any approval under subsection (8) without giving the person applying for the approval or to whom an approval was granted an opportunity to be heard. [7/2018] (10) Where an approval granted under subsection (5)( a ) is cancelled under subsection (8), the Registrar must notify the licensee concerned and the person in respect of whom the approval was granted of the cancellation and the date on which the approval is cancelled. [7/2018] (11) Starting on the date after the date of cancellation of approval specified in the notice under subsection (10) — ( a ) the person in respect of whom an approval to become a substantial shareholder of the licensee was cancelled must cease to be a substantial shareholder of the licensee; or ( b ) the substantial shareholder in respect of whom the approval to increase the person’s substantial shareholding in the licensee was cancelled must reduce the substantial shareholding in the licensee to a level required by the Registrar in the notice. [7/2018] (12) The Registrar must not require any substantial shareholder mentioned in subsection (11)( b ) to reduce the substantial shareholding to a level that is lower than the substantial shareholding prior to the increase for which the approval was cancelled. [7/2018] (13) Every licensee must submit to the Registrar, in the form and manner and at the time specified by the Registrar, the names and particulars of every person who, as at the date of the submission, is a substantial shareholder of the licensee. [7/2018] (14) Where any person ceases to be a substantial shareholder of a licensee, the licensee must notify the Registrar in writing of the cessation not later than 7 business days after becoming aware of the cessation. [7/2018] [Act 38 of 2023 wef 01/03/2024] (15) Any person who, without reasonable excuse, contravenes subsection (1), (2), (11), (13) or (14) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $20,000; and ( b ) 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. [7/2018] (16) Where — ( a ) a person has obtained the Registrar’s approval under section 12(1)( d )(i) of this Act as in force immediately before 30 November 2018 for the person to become a substantial shareholder of a licensee; and ( b ) the approval has not been cancelled, the person is treated as having been granted the Registrar’s approval under subsection (5)( a ) to become a substantial shareholder. [7/2018] (17) Where — ( a ) a substantial shareholder has obtained the Registrar’s approval under section 12(1)( d )(ii) of this Act as in force immediately before 30 November 2018 for the substantial shareholder to increase the person’s substantial shareholding in the licensee; and ( b ) the approval has not been cancelled, the substantial shareholder is treated as having been granted the Registrar’s approval under subsection (5)( a ) to increase the substantial shareholding. (18) In subsection (7), “commencement date” means the date of commencement of section 27 of the Prevention of Proliferation Financing and Other Matters Act 2024. [Act 6 of 2024 wef 01/05/2024] [12 [7/2018]


document_id: ma-2008
provision_ref: s18
chapter: PART 2 - LICENSING OF MONEYLENDERS
section: 18
title: Publication of lists
content:
18. The Registrar may cause to be published in such manner as he or she may determine — ( a ) a list of all licensees and such of their particulars as the Registrar may determine; and ( b ) a list of such persons granted an exemption by the Minister under section 91, and such of their particulars and the conditions of their exemption, as the Registrar may determine. [13


document_id: ma-2008
provision_ref: s19
chapter: PART 2 - LICENSING OF MONEYLENDERS
section: 19
title: Unlicensed moneylending
content:
19. —(1) Subject to subsection (2), any person who contravenes, or who assists in the contravention of, section 5(1) shall be guilty of an offence and — ( a ) in the case where the person is a body corporate, shall on conviction be punished with a fine of not less than $50,000 and not more than $500,000; or ( b ) in any other case — (i) shall on conviction be punished with a fine of not less than $30,000 and not more than $300,000 and with imprisonment for a term not exceeding 4 years; and (ii) in the case of a second or subsequent offence, shall on conviction be punished with a fine of not less than $30,000 and not more than $300,000 and with imprisonment for a term not exceeding 7 years. (2) Subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010 — ( a ) a person who is convicted for the first time of an offence under subsection (1) shall also be liable to be punished with caning with not more than 6 strokes; or ( b ) a person who is convicted of a second or subsequent offence under subsection (1) shall also be liable to be punished with caning with not more than 12 strokes. [15/2010] (3) Where any contract for a loan has been granted by an unlicensed moneylender, or any guarantee or security has been given for such a loan — ( a ) the contract for the loan, and the guarantee or security (as the case may be) is unenforceable; and ( b ) any money paid by or on behalf of the unlicensed moneylender under the contract for the loan is not recoverable in any court of law. (4) Subsections (1) and (3) do not apply to a moneylender who — ( a ) is not ordinarily resident in Singapore; ( b ) is not a licensee; and ( c ) carries on the business of moneylending in Singapore through an agent who is a licensee or an exempt moneylender. (5) Without limiting subsection (1), a person ( P ) assists in a contravention of section 5(1) if — ( a ) P collects or demands payment of a loan on behalf of a person whom P knows or has reasonable grounds to believe is carrying on a business in contravention of section 5(1); ( b ) P receives, possesses, conceals or disposes of any funds or other property, or engages in a banking transaction relating to any funds, on behalf of any person knowing or having reasonable grounds to believe that — (i) the person is carrying on a business in contravention of section 5(1); and (ii) either the funds are (or are intended to be) disbursed as a loan by that person, or the funds or property is repayment of a loan made by that person; ( c ) being the owner or person having management or control of any premises, P allows the premises to be used to carry on a business knowing or having reasonable grounds to believe that the carrying on of such business contravenes section 5(1); ( d ) P lends or provides funds, or lends, sells or provides any prepaid subscriber identification module (SIM) card or other property to a person, knowing or having reasonable grounds to believe that the funds or property will be used for the carrying on of a business in contravention of section 5(1); ( e ) P keeps the records and accounts of a business knowing or having reasonable grounds to believe that the carrying on of such business contravenes section 5(1); ( f ) P promotes or advertises a business knowing or having reasonable grounds to believe that the carrying on of such business contravenes section 5(1); or ( g ) P provides or gives access to the name of or other information relating to any other person (called the potential borrower), or otherwise refers a potential borrower, to a person whom P knows or has reasonable grounds to believe is carrying on a business in contravention of section 5(1), intending to facilitate or knowing it to be likely to facilitate the lending of money by that person to the potential borrower. [8/2012] (6) In subsection (5), “funds” and “property” have the meanings given by section 21. (7) For the purposes of subsection (1), where the bank account or automated teller machine card of any person, or a telecommunication service subscribed in the name of or purchased by any person, is proved to the satisfaction of the court to have been used to facilitate the carrying on of the business of moneylending by an unlicensed moneylender, that person is presumed, until the contrary is proved, to have assisted in the contravention of section 5(1). (8) In this section, unless the context otherwise requires, “telecommunication service” has the meaning given by the Telecommunications Act 1999. [14


document_id: ma-2008
provision_ref: s20
chapter: PART 2 - LICENSING OF MONEYLENDERS
section: 20
title: Other offences under this Part
content:
20. —(1) Any person who, in connection with an application for the issue or renewal of a licence or for the approval of any place of business for moneylending — ( a ) knowingly or recklessly furnishes any information or statement to the Registrar which is false or misleading in a material particular; ( b ) wilfully omits to state any matter without which the application is misleading in a material particular; or ( c ) produces to the Registrar any book, record or other document which the person knows or has reason to believe contains information which is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 12 months or to both. (2) Any licensee who — ( a ) contravenes any condition of the licensee’s licence; or ( b ) carries on the business of moneylending under any name other than the licensee’s business name, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000. [15


document_id: ma-2008
provision_ref: s21
chapter: PART 2A - FREEZING OF PROCEEDS OF UNLICENSED MONEYLENDING
section: 21
title: Interpretation of this Part
content:
21. In this Part, unless the context otherwise requires — “account” means any deposit or current account opened with a bank; “deal with” means — ( a ) in respect of property comprising funds — (i) use, alter, move, allow access to or transfer; or (ii) deal with in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination; and ( b ) in respect of any other property, use to obtain funds in any way, including (but not limited to) by selling, hiring or mortgaging the property; “funds” includes cheques, bank deposits and other financial resources; “property” means property of every kind, whether tangible or intangible, movable or immovable, and whether situated within or outside Singapore, and includes funds. [15A


document_id: ma-2008
provision_ref: s22
chapter: PART 2A - FREEZING OF PROCEEDS OF UNLICENSED MONEYLENDING
section: 22
title: Proceeds of unlicensed moneylending
content:
22. —(1) In this Part, property is proceeds of unlicensed moneylending if it is wholly or partly derived or realised, whether directly or indirectly, from a contravention of section 5(1). (2) Property becomes proceeds of unlicensed moneylending if — ( a ) it is wholly or partly derived or realised from a dealing with or disposal of proceeds of unlicensed moneylending; or ( b ) it is wholly or partly acquired using proceeds of unlicensed moneylending, including by virtue of a previous application of this subsection. (3) Property remains proceeds of unlicensed moneylending even if — ( a ) it is credited to an account; or ( b ) it is dealt with or disposed of. [15B


document_id: ma-2008
provision_ref: s23
chapter: PART 2A - FREEZING OF PROCEEDS OF UNLICENSED MONEYLENDING
section: 23
title: Order specifying proceeds of unlicensed moneylending
content:
23. —(1) Where — ( a ) the Minister is satisfied that a person has been associated with activities which contravene section 5(1) and the person is detained under an order made under section 30(1)( a ) of the Criminal Law (Temporary Provisions) Act 1955 in connection with those activities; and ( b ) the Minister has reasonable cause to believe that any property owned or held by any person is proceeds of unlicensed moneylending by reason of the activities mentioned in paragraph ( a ), the Minister may by order specify — ( c ) such property to be proceeds of unlicensed moneylending (called in this Part specified property); or ( d ) any account which has been credited with such property as an account with proceeds of unlicensed moneylending (called in this Part a specified account). [12/2018] (2) The Minister may vary or revoke the order at any time. (3) The Minister must revoke the order if the person mentioned in subsection (1)( a ) is no longer detained and is not subject to the supervision of the police under an order made under section 32 of the Criminal Law (Temporary Provisions) Act 1955. [15C


document_id: ma-2008
provision_ref: s24
chapter: PART 2A - FREEZING OF PROCEEDS OF UNLICENSED MONEYLENDING
section: 24
title: Orders: further provisions
content:
24. —(1) Where the Minister makes an order under section 23, he or she must — ( a ) either publish the order in the Gazette or serve a copy of the order on certain persons only; and ( b ) if he or she varies or revokes the order, take steps to publish the variation or revocation in the Gazette or bring the variation or revocation to the attention of the persons served with a copy of the order, as the case may be. (2) Where the Minister serves a copy of the order on certain persons under subsection (1), only those persons are subject to the prohibition in section 25(1). (3) The General Division of the High Court may, on the application of a person affected by the order, set aside the order in whole or in part. [40/2019] (4) An application under subsection (3) must be made within 30 days from the date of publication or service of the order, as the case may be. (5) The order may be set aside in whole or in part by the General Division of the High Court if, and only if, the applicant proves to the satisfaction of the General Division of the High Court that any specified property is not, or any specified account has not been credited with, proceeds of unlicensed moneylending. [40/2019] (6) The correctness, validity or legality of the order made under section 30(1) or 32 (as the case may be) of the Criminal Law (Temporary Provisions) Act 1955, or of any ground upon which such order is made, is not to be raised as an issue or called into question in the course of an application under subsection (3) or during any proceedings relating to such application. [12/2018] (7) A person who makes an application under subsection (3) must serve a copy of the application on the Attorney‑General not later than 7 days before the date fixed for the hearing of the application. (8) Rules of Court may provide for the manner in which proceedings relating to an application under subsection (3) may be commenced or carried on. [15D


document_id: ma-2008
provision_ref: s25
chapter: PART 2A - FREEZING OF PROCEEDS OF UNLICENSED MONEYLENDING
section: 25
title: Freezing proceeds of unlicensed moneylending
content:
25. —(1) A person must not deal with any specified property, or any funds in any specified account, unless the person does so under the authority of a licence granted under section 28. (2) A person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case where the person is a body corporate, to a fine not exceeding $200,000; or ( b ) in any other case, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both. (3) This section is subject to section 24(2). [15E


document_id: ma-2008
provision_ref: s26
chapter: PART 2A - FREEZING OF PROCEEDS OF UNLICENSED MONEYLENDING
section: 26
title: Exception
content:
26. —(1) A person is not guilty of an offence under section 25 if the person credits a specified account with interest or other earnings due on the account. (2) To avoid doubt, section 25 applies to any funds credited to the specified account in accordance with subsection (1). [15F


document_id: ma-2008
provision_ref: s27
chapter: PART 2A - FREEZING OF PROCEEDS OF UNLICENSED MONEYLENDING
section: 27
title: Circumvention of section 25
content:
27. Where a person — ( a ) enters into; or ( b ) knowingly does any act in furtherance of, any arrangement which facilitates, or is likely to facilitate, whether by means of any concealment or disguise or otherwise, the dealing with property in contravention of section 25(1), the person shall be guilty of an offence and shall be liable on conviction — ( c ) in the case where the person is a body corporate, to a fine not exceeding $300,000; or ( d ) in any other case, to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 3 years or to both. [15G


document_id: ma-2008
provision_ref: s28
chapter: PART 2A - FREEZING OF PROCEEDS OF UNLICENSED MONEYLENDING
section: 28
title: Licences
content:
28. —(1) The Minister may grant a licence to exempt any act from the prohibition in section 25. (2) A licence may be — ( a ) general or granted to a category of persons or to a particular person; ( b ) subject to conditions; and ( c ) of indefinite duration or subject to an expiry date. (3) The Minister may vary or revoke a licence at any time. (4) Where the Minister grants, varies or revokes a licence, he or she must — ( a ) in the case of a licence granted to a particular person, give written notice of the grant of the licence, or the variation or revocation of the licence to that person; and ( b ) in the case of a general licence or a licence granted to a category of persons, take such steps as the Minister considers appropriate to publicise the grant of the licence, or the variation or revocation of the licence. (5) Any person who does any act under the authority of a licence but fails to comply with any condition attaching to that licence shall be guilty of an offence and shall be liable on conviction — ( a ) in the case where the person is a body corporate, to a fine not exceeding $80,000; or ( b ) in any other case, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. (6) The Minister may delegate any power or duty under this section to the Commissioner of Police, except the power of delegation conferred by this subsection. [15H


document_id: ma-2008
provision_ref: s29
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 29
title: Regulation of advertising and marketing, etc.
content:
29. —(1) A licensee must not knowingly or recklessly issue or publish, or cause to be issued or published, any advertising or marketing material in any form, or any business letter, circular or other document, which contains any information which is false or misleading in a material particular. (2) For the purpose of subsection (1), any advertising or marketing material or any business letter, circular or other document is presumed, unless the contrary is proved, to contain information which is false or misleading in a material particular if the material or document — ( a ) does not state the business name of the licensee; ( b ) states the business name of the licensee in an inconspicuous manner; ( c ) does not state the rate of interest expressed as a percentage per annum, month or other period that the licensee charges for offering loans; [Act 38 of 2023 wef 01/03/2024] ( d ) states that the licensee offers loans at a specified rate of interest but the actual rate of interest charged is higher; or ( e ) states that the licensee offers loans at a specified percentage rate of interest without stating that conditions apply, or without stating the conditions which apply, when the rate of interest offered is subject to conditions. (3) Without limiting the Registrar’s power to issue directions under section 45(1), the Registrar may issue directions to any licensee with respect to the issue, publication or contents of advertising or marketing materials or the conduct of advertising or marketing activities. (4) Any licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both. [16


document_id: ma-2008
provision_ref: s30
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 30
title: Prohibition of unsolicited loans
content:
30. —(1) A licensee must not — ( a ) grant a loan to any person; ( b ) grant approval to any person to obtain a loan from the licensee; or ( c ) send or deliver, directly or indirectly, any article or document to any person on an undertaking by the licensee that the article or document, when used or produced in a specified manner, enables a loan to be obtained from the licensee, without the person having first applied to the licensee in writing for the loan. (2) Any licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both. [17


document_id: ma-2008
provision_ref: s31
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 31
title: Signage at place of business
content:
31. —(1) Every licensee must affix, in a conspicuous position at or in each of the licensee’s places of business, a sign bearing the licensee’s business name and the words “Licensed Moneylender” in the English language such as to be visible to any person immediately outside the place of business. (2) Any licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [18


document_id: ma-2008
provision_ref: s32
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 32
title: Licensees to inform borrowers of terms of loan
content:
32. —(1) Every licensee must, before granting any loan to a borrower, inform the borrower in writing as to such matters relating to the terms and conditions of the loan as may be prescribed. (2) The licensee must cause the written information provided to the borrower under subsection (1) to be signed by the borrower or the borrower’s agent together with a written acknowledgment by the borrower or the borrower’s agent (as the case may be) that the borrower has been informed by the licensee of the terms and conditions of the loan. (3) Where any loan has been granted in contravention of subsection (1) or (2), the licensee is not entitled to enforce — ( a ) the payment of all sums of interest, late interest and permitted fees payable under the contract for the loan, whether by the borrower or any surety; or ( b ) any guarantee or security given for the loan to recover any such sum. (4) For the purposes of subsection (3), if any amount of interest, late interest or permitted fees has been paid, it is recoverable as a debt due to the borrower or surety (as the case may be) and if not recovered, is to be set off against the outstanding amount of the loan. (5) Any licensee who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both. [19


document_id: ma-2008
provision_ref: s33
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 33
title: Note of moneylender’s contract to be given to borrower
content:
33. —(1) No contract for a loan granted by a licensee, and no guarantee or security given by or on behalf of a borrower for the loan, is enforceable and no money paid by or on behalf of the licensee pursuant to the contract for the loan is recoverable in any court of law unless — ( a ) a note of the contract for the loan, in the prescribed form, is signed by the parties to the contract for the loan or their respective agents; ( b ) where any party to the contract for the loan (including a surety) or the party’s agent does not understand the English language, the licensee or the licensee’s agent explains the terms of the note of the contract for the loan in a language that the party or the party’s agent understands before any of them signs the note; and ( c ) a copy of the note of the contract for the loan, duly signed by the licensee or the licensee’s agent, is delivered to the borrower and the surety (if any) or their respective agents before or at the time the loan is paid to the borrower or any other person on the borrower’s direction. (2) A licensee shall be guilty of an offence if the licensee — ( a ) knowingly or recklessly makes or causes to be made any note of a contract for a loan in which the principal, the rate of interest or late interest or any permitted fee payable, is not truly stated; or ( b ) makes or causes to be made any note of a contract for a loan in which the principal, the rate of interest or late interest or any permitted fee payable, is not stated. [7/2018] (3) A licensee who is guilty of an offence under subsection (2) shall be liable on conviction — ( a ) to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both; or ( b ) if the licensee is a repeat offender, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 12 months or to both. [7/2018] (4) In subsection (3), a licensee is a repeat offender if the licensee has been convicted on at least one other earlier occasion of — ( a ) an offence under subsection (3) for contravening subsection (2); or ( b ) an offence under section 20(2) of this Act as in force immediately before 30 November 2018, whether the conviction was before, on or after that date. [7/2018] (5) This section does not apply to any loan on revolving credit that may be drawn down and repaid by the borrower or the borrower’s agent at any time and from time to time subject to a limit approved by the licensee. [20


document_id: ma-2008
provision_ref: s34
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 34
title: Provision of statements of account, loan documents and receipts
content:
34. —(1) Every licensee must, at least once every half year ending on 30 June or 31 December and not later than 21 days after that date, supply to every borrower, so long as a contract for a loan granted by the licensee to the borrower is subsisting, a statement of account in the English language containing such particulars as may be prescribed. (2) The statement of account under subsection (1) must be — ( a ) supplied to the borrower without charge; and ( b ) sent by — (i) prepaid post to an address in Singapore, or by electronic communication to an email address, as specified by the borrower; or (ii) any other method that is agreed in writing between the licensee and the borrower. [Act 38 of 2023 wef 01/03/2024] (3) A licensee must, on a written application by a borrower or surety, or a former borrower or surety, and on the payment of a processing fee of $10 or any other prescribed amount, supply to the applicant or any other person on the applicant’s direction not later than 21 days after the date the application is made — ( a ) a statement of account in relation to the loan to which the applicant is or was a borrower or surety, containing the particulars prescribed under subsection (1), for any period of account, not exceeding the duration of the loan, as may be specified by the applicant which must not in any case be earlier than 5 years before the date the statement is prepared; or ( b ) a copy of any document relating to a contract for a loan granted, or any guarantee or security given for the loan, in relation to which the applicant is or was a borrower or surety. (4) A licensee who receives any cash payment from or on behalf of a borrower under a contract for a loan must immediately issue to the payer a receipt, which sets out in the English language — ( a ) the business name, the address of the place of business from which the loan was taken or the principal place of business, and the telephone number, of the licensee; and ( b ) the amount paid and the date of the payment. (5) A licensee who issues a receipt in accordance with subsection (4) must — ( a ) obtain, on the licensee’s copy of the receipt, a signature of the payer acknowledging that the payer has received the receipt; and ( b ) where the payer is other than the borrower — (i) record, on the licensee’s copy of the receipt, such particulars of the payer as may be prescribed; and (ii) attach such documents as may be prescribed to the licensee’s copy of the receipt. (6) The Minister may prescribe such other information to be provided, in such form or manner and within such time as may be prescribed, by a licensee to a borrower in relation to any payment made by or on behalf of the borrower to the licensee. (7) Any licensee who, without reasonable excuse, contravenes subsection (1), (2), (3), (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000. (8) Where a licensee has contravened subsection (1), (2), (3), (4) or (5), or any requirement relating to the provision of information prescribed under subsection (6), the licensee is not entitled to enforce — ( a ) the payment of all sums of interest, late interest and permitted fees payable under the contract for the loan, whether by the borrower or any surety; or ( b ) any guarantee or security given for the loan to recover any such sum. (9) For the purposes of subsection (8), if any amount of interest, late interest or permitted fees has been paid, it is recoverable as a debt due to the borrower or surety (as the case may be) and if not recovered, is to be set off against the outstanding amount of the loan. [21


document_id: ma-2008
provision_ref: s35
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 35
title: Charges other than permitted fees unenforceable
content:
35. —(1) The Minister may prescribe the types or amounts of costs, charges and expenses that a licensee may impose in respect of every loan granted by the licensee, including the fees or charges for or on account of legal costs. (2) For the purposes of subsection (1), the Minister may prescribe different types or amounts of costs, charges and expenses that a licensee may impose — ( a ) on different classes or descriptions of borrowers; and ( b ) in relation to different classes or descriptions of loans. [7/2018] (3) Where, under any contract for a loan between a licensee and a borrower, the borrower is required to pay to the licensee any sum (not being a sum for or on account of stamp duties or fees payable by or under this Act or any other written law) on account of costs, charges or expenses other than or in excess of the permitted fees, the sum — ( a ) is not recoverable from the borrower or any surety; ( b ) if so paid, is recoverable as a debt due to the borrower or surety, as the case may be; and ( c ) if not recovered, is to be set off against the outstanding amount of the loan, and all sums of interest, late interest and permitted fees payable under the contract for the loan. (4) A licensee shall be guilty of an offence if the licensee enters into a contract for a loan under which the borrower is required to pay any sum (not being a sum for or on account of stamp duties or fees payable by or under this Act or any other written law) on account of costs, charges or expenses other than or in excess of the permitted fees. [7/2018] (4A) A licensee shall be guilty of an offence if the licensee, without reasonable excuse, demands payment from a borrower of any sum (not being a sum for or on account of stamp duties or fees payable by or under this Act or any other written law) on account of costs, charges or expenses other than or in excess of the permitted fees. [Act 38 of 2023 wef 01/03/2024] (5) A licensee who is guilty of an offence under subsection (4) or (4A) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both. [22 [7/2018] [Act 38 of 2023 wef 01/03/2024]


document_id: ma-2008
provision_ref: s36
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 36
title: Maximum rate of interest and late interest
content:
36. —(1) A licensee must not enter into a contract for a loan under which the interest or late interest charged exceeds the maximum rate of interest or late interest prescribed by the Minister. [7/2018] (2) For the purposes of subsection (1), the Minister may prescribe different maximum rates of interest or late interest for different classes or descriptions of borrowers or loans. [7/2018] (3) Where any contract for a loan has been entered into by a licensee in contravention of subsection (1) — ( a ) the contract is unenforceable against the borrower or any surety; ( b ) the licensee is not entitled to enforce any guarantee or security given for the loan; and ( c ) any money paid by or on behalf of the licensee under the contract is not recoverable in any court of law. [7/2018] (4) Any licensee who charges interest or late interest at a rate exceeding the maximum rate of interest or late interest that is prescribed for the loan shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both. [22A [7/2018]


document_id: ma-2008
provision_ref: s37
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 37
title: Reopening of certain transactions
content:
37. —(1) When proceedings are brought in any court by a licensee for the recovery of a loan or the enforcement of a contract for a loan or any guarantee or security given for a loan, and the court is satisfied that the interest or late interest charged in respect of the loan is excessive and that the transaction is unconscionable or substantially unfair, the court is to reopen the transaction and take an account between the licensee and the person sued. (2) In taking an account under subsection (1), the court may reopen any account already taken between the parties to the proceedings and relieve the person sued from payment of any sum in excess of the sum adjudged by the court to be fairly due in respect of such principal, interest and late interest as the court, having regard to the risk and all the facts and circumstances of the case (including facts and circumstances arising or coming to the knowledge of any party after the date of the transaction), may determine to be reasonable. (3) In relieving the person sued under subsection (2), the court may, without affecting its power to grant any further or other equitable relief — ( a ) order the licensee to repay any excess paid to the licensee; ( b ) set aside either wholly or in part, or revise or alter, any guarantee or security given or the contract for the loan; and ( c ) if the licensee has disposed of the security, order the licensee to indemnify the borrower or other person sued for the loss of the security. (4) Any court has and may exercise the powers referred to in subsections (1), (2) and (3) in relation to proceedings for relief brought by a borrower, a surety or other person liable to repay a loan to a licensee — ( a ) despite any provision or agreement to the contrary; ( b ) even though the time for repayment of the loan or any instalment thereof may not have arrived; and ( c ) even though the licensee’s right of action for the recovery of the loan is barred. (5) Where a licensee has filed, in the bankruptcy of a borrower or surety, a proof of debt arising from a loan granted by the licensee, the Official Assignee may exercise such powers as may be exercised by a court under this section when assessing whether the debt or liability is proved and its value. (6) Nothing in this section derogates from — ( a ) the jurisdiction or powers of any court; or ( b ) the powers of the Official Assignee. [23


document_id: ma-2008
provision_ref: s38
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 38
title: Accounts, etc., to be kept and submissions to Registrar
content:
38. —(1) Subject to subsection (4), every licensee must keep, or cause to be kept — ( a ) every loan application form, and a copy of every document supporting the application, received by the licensee — (i) in a case where the loan application is not approved, for a period of 5 years after the date on which the form or copy is received; or (ii) in a case where the loan application is approved, for a period starting on the date on which the licensee receives the form or copy (as the case may be) and ending 5 years after the date on which the loan is fully repaid or on which the contract for the loan is otherwise terminated; [Act 38 of 2023 wef 01/03/2024] [Act 38 of 2023 wef 01/03/2024] ( b ) the note of contract in the prescribed form for every loan granted to a person by the licensee for a period starting on the date on which the licensee issues the note of contract and ending 5 years after the date on which the loan is fully repaid or on which the contract for the loan is otherwise terminated; [Act 38 of 2023 wef 01/03/2024] ( c ) the following documents: (i) a cash account book, in the prescribed form, containing an entry on every sum received or paid by a licensee relating to any recent loan; (ii) a loan account book, in the prescribed form, containing an entry on every amount of repayment or sum paid to the account of any recent loan; (iii) a list of borrowers containing the prescribed particulars of every borrower who is granted a recent loan; and ( d ) such other documents as may be prescribed, for such period as may be prescribed. [7/2018] (2) Subject to subsection (3), despite the revocation or expiry of the licence of a person, the person must continue to keep or cause to be kept each document mentioned in subsection (1) until the expiry of the period for which the document is required under subsection (1) to be kept or caused to be kept. [7/2018] (3) Despite subsection (2), the Registrar may specify by written notice to the person whose licence is revoked or has expired, the time after which any document kept or caused to be kept under subsection (1) is to be disposed of by the person. [7/2018] (4) Despite subsection (1), a licensee must keep or cause to be kept any loan application form, note of a contract for a loan or other document referred to in that subsection, which has been specified or described by the Registrar in relation to a specific transaction or borrower or as belonging to a class of documents, for such longer time as may be required in connection with an investigation into an offence under this Act. [7/2018] (5) Every licensee must submit to the Registrar the following statements, in such form and manner, at such frequency, and within such time, as may be prescribed: ( a ) a statement showing every moneylending transaction entered into by the licensee during such period as may be prescribed; ( b ) a statement showing the licensee’s cash and loan position for such period as may be prescribed. [7/2018] (6) Every licensee must, when so required by the Registrar, account for or explain any item or particulars appearing in any statement submitted to the Registrar under subsection (5). (7) Any person who contravenes subsection (1), (2) or (4), or who fails to comply with the Registrar’s notice under subsection (3), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both. [7/2018] (8) Any person who — ( a ) fails to submit to the Registrar any statement under subsection (5); or ( b ) fails to comply with any requisition made by the Registrar under subsection (6), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000. (9) Any licensee who knowingly or recklessly furnishes to the Registrar any information — ( a ) in a statement under subsection (5); or ( b ) in an account or explanation to the Registrar under subsection (6), which is false or misleading in a material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both. (10) Where a licensee submits a statement after the time for submission prescribed under subsection (5), the Registrar may impose a late submission fee not exceeding $100 for every day or part of a day that the submission is late, subject to a maximum of $2,000. (11) In this section — “recent loan”, in relation to a cash account book, loan account book or list of borrowers kept or caused to be kept by a licensee, means a loan granted by the licensee whether before, on or after 30 November 2018 — ( a ) that has not been fully repaid and the contract for the loan has not otherwise been terminated; or ( b ) where the loan has been fully repaid or the contract for the loan has otherwise been terminated, the full repayment or the termination of which (as the case may be) occurred within the period of 5 years before the date of the last entry in the cash account book, loan account book or list of borrowers, as the case may be. [24 [7/2018]


document_id: ma-2008
provision_ref: s39
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 39
title: Audit of licensee’s accounts
content:
39. —(1) Despite the provisions of the Companies Act 1967, a licensee must — ( a ) on an annual basis, appoint an auditor who is a public accountant under the Accountants Act 2004; and ( b ) if for any reason its auditor ceases to be its auditor, appoint another auditor who is a public accountant under the Accountants Act 2004, as soon as practicable after the cessation. [7/2018] (2) The licensee must notify the Registrar in writing of an appointment under subsection (1) as soon as practicable after the appointment. [7/2018] (3) The Registrar may appoint an auditor — ( a ) if the licensee fails to comply with subsection (1); or ( b ) if the Registrar considers it desirable that another auditor should act with the auditor appointed by the licensee under subsection (1), and may at any time fix the remuneration to be paid by the licensee to the auditor the Registrar appoints. [7/2018] (4) The duties of an auditor appointed under subsection (1) or (3) are — ( a ) to carry out, for the year in respect of which the auditor is appointed, an audit of the licensee’s accounts; and ( b ) to make a report on the licensee’s financial statements or consolidated financial statements in accordance with section 207 of the Companies Act 1967. [7/2018] (5) The Registrar may, by written notice to an auditor appointed under subsection (1) or (3), impose all or any of the following duties on the auditor in addition to those provided for under subsection (4), and the auditor must carry out the duties so imposed: ( a ) a duty to submit any additional information in relation to the audit that the Registrar considers necessary; ( b ) a duty to enlarge or extend the scope of the audit of the licensee’s business and affairs; ( c ) a duty to carry out any other examination, or establish any procedure, in relation to the audit in any particular case; ( d ) a duty to make a report on any of the matters mentioned in paragraphs ( b ) and ( c ). [7/2018] (6) The licensee must remunerate the auditor in respect of — ( a ) the remuneration the Registrar has fixed under subsection (3); and ( b ) the discharge of all or any of the additional duties of the auditor imposed under subsection (5). [7/2018] (7) Despite any other provision of this Act or the provisions of the Companies Act 1967, the Registrar may, if the Registrar is not satisfied with the performance of any duty by the auditor of the licensee, at any time direct the licensee — ( a ) to remove the auditor; and ( b ) to appoint another auditor who is a public accountant under the Accountants Act 2004. [7/2018] (8) The licensee must submit, or cause to be submitted, the following documents to the Registrar within such time as the Registrar may specify by written notice: ( a ) a copy of the auditor’s report made under subsection (4)( b ), attached to the licensee’s financial statements or consolidated financial statements; ( b ) a copy of any report made under subsection (5)( d ). [7/2018] (9) If an auditor, in the course of performing the auditor’s duties, is satisfied that — ( a ) there has been a serious breach or non-observance of the provisions of this Act; ( b ) a criminal offence involving fraud or dishonesty has been committed; or ( c ) serious irregularities have occurred, including irregularities that compromise the confidentiality, security or integrity of any data obtained, used or disclosed by the licensee, the auditor must immediately report the matter to the Registrar. [7/2018] (10) Where an auditor or employee of the auditor discloses in good faith to the Registrar — ( a ) the auditor’s or the employee’s knowledge or suspicion of any of the matters in subsection (9); or ( b ) any information or other matter on which that knowledge or suspicion is based, the disclosure is not a breach of any restriction upon the disclosure imposed by any law, contract or rules of professional conduct, and the auditor or employee is not liable for any loss arising out of the disclosure or any act or omission in consequence of the disclosure. [7/2018] (11) Any licensee who contravenes subsection (1) or (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both. [7/2018] (12) Any auditor who contravenes subsection (5) or (9) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both. [7/2018] (13) In this section — “consolidated financial statements” and “financial statements” have the meanings given by section 209A of the Companies Act 1967; “data” and “integrity” have the meanings given by section 54. [24A [7/2018]


document_id: ma-2008
provision_ref: s40
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 40
title: Powers of auditor appointed by Registrar
content:
40. —(1) An auditor appointed by the Registrar under section 39(3) may, for the purpose of carrying out an examination or audit — ( a ) examine, on oath or affirmation, any officer or employee of the licensee, or any other auditor of the licensee appointed under section 39 or under the Companies Act 1967; ( b ) require any officer or employee of the licensee, or any other auditor of the licensee appointed under section 39 or under the Companies Act 1967, to produce any book held by or on behalf of the licensee relating to the licensee’s business of moneylending; ( c ) make copies of or take extracts from, or retain possession of, any book mentioned in paragraph ( b ) for such period as may be necessary to enable it to be inspected; ( d ) employ such persons as the auditor considers necessary to assist the auditor in carrying out the examination or audit; and ( e ) authorise in writing any person employed by the auditor to do, in relation to the examination or audit, any act or thing that the auditor could do as an auditor under this subsection, other than the examination of a person on oath or affirmation. [7/2018] (2) Any individual who, without reasonable excuse — ( a ) fails to answer any question put to that individual; or ( b ) fails to comply with any request made to that individual, by an auditor appointed under section 39(3) or a person authorised under subsection (1)( e ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000. [7/2018] (3) In this section, “officer”, in relation to a licensee, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the licensee and includes any person purporting to act in any such capacity. [24B [7/2018]


document_id: ma-2008
provision_ref: s41
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 41
title: Restriction on right to communicate certain matters relating to audit of licensee’s accounts
content:
41. —(1) Except as may be necessary for carrying into effect the provisions of this Act, or for the purpose of an investigation into any offence under any written law, or so far as may be required for the purposes of any legal proceedings (whether civil or criminal) — ( a ) an auditor appointed under section 39; or ( b ) any employee of such auditor, must not disclose any information that comes to the auditor’s or employee’s knowledge in the course of performing the auditor’s or employee’s duties, to any person other than the Registrar, and in the case of an employee of such auditor, the auditor. [7/2018] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000. [24C [7/2018]


document_id: ma-2008
provision_ref: s42
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 42
title: Offence to destroy, conceal, etc., records to prevent, delay, etc., audit of licensee’s accounts
content:
42. —(1) Any individual who, with intent to prevent, delay or obstruct the carrying out of any examination or audit under section 39 or 40 — ( a ) destroys, conceals or alters any book relating to the business of a licensee; or ( b ) sends, or conspires with any other person to send, out of Singapore, any book or asset of any description belonging to, or in the possession or under the control of the licensee, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both. [7/2018] (2) If, in any proceedings for an offence under subsection (1), it is proved that the individual charged with the offence — ( a ) destroyed, concealed or altered any book mentioned in subsection (1)( a ); or ( b ) sent, or conspired to send, out of Singapore, any book or asset mentioned in subsection (1)( b ), the onus of proving that, in so doing, the individual did not act with intent to prevent, delay or obstruct the carrying out of an examination or audit under section 39 or 40 lies on that individual. [24D [7/2018]


document_id: ma-2008
provision_ref: s43
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 43
title: Power to inspect, and require information or documents
content:
43. —(1) For the purpose of determining whether this Act has been complied with, the Registrar or an officer duly authorised by the Registrar (called in this section an authorised officer) may at any time — ( a ) inspect any premises where a moneylender is or is believed to be carrying on business and the books, records and other documents kept there; ( b ) require the moneylender or any other person to furnish any information, book, record or other document either forthwith or at such other time and place and in such manner as the Registrar or the authorised officer may require; ( c ) make or cause to be made a copy of any book, record or other document inspected or produced; ( d ) take photographs or video recordings of the premises inspected or any part of those premises; and ( e ) seize and remove from the premises any book, record or other document, or any machine or equipment containing any book, record or other document. [8/2012] (2) The Registrar or an authorised officer may be assisted by any other person or persons when exercising the powers under subsection (1)( a ), ( b ), ( c ) or ( d ). [8/2012] (3) Any person who, without reasonable excuse, fails or refuses — ( a ) to grant to the Registrar or an authorised officer access to the premises or any part of the premises, or to any book, record or other document, under subsection (1)( a ); ( b ) to furnish the Registrar or an authorised officer with any information, book, record or other document at the time and place or in the manner required under subsection (1)( b ); ( c ) to permit the Registrar or an authorised officer to make or cause to be made a copy of any book, record or other document under subsection (1)( c ); ( d ) to permit the Registrar or an authorised officer to take any photograph or video recording of the premises inspected or any part of those premises under subsection (1)( d ); or ( e ) to permit the Registrar or an authorised officer to seize or remove from the premises any book, record or other document, or any machine or equipment containing any book, record or other document under subsection (1)( e ), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both. [8/2012] (4) Any person who obstructs or prevents the Registrar or an authorised officer from exercising his or her powers under subsection (1) in any manner other than as described in subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both. (5) Any person who, knowingly or recklessly — ( a ) gives to the Registrar or an authorised officer any information under subsection (1) that is false or misleading in a material particular; or ( b ) produces to the Registrar or an authorised officer, or grants him or her access to, any book, record or other document under subsection (1) which contains a statement or omits any matter which renders it false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both. [25


document_id: ma-2008
provision_ref: s44
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 44
title: Power to obtain information from Comptroller of Income Tax
content:
44. —(1) In the course of any investigation or proceedings into or relating to an offence by any person under section 19 or 47, whenever committed, or a conspiracy to commit, or an attempt to commit, or an abetment of any such offence, the Public Prosecutor may, despite any other written law to the contrary, by written notice require the Comptroller — ( a ) to furnish, as specified in the notice, all information available to the Comptroller relating to the affairs of that person or of the spouse, son or daughter of that person; and ( b ) to produce or furnish, as specified in the notice, any document or a certified copy of any document relating to that person, spouse, son or daughter which is in the possession or under the control of the Comptroller. (2) The Comptroller to whom a notice is sent by the Public Prosecutor under subsection (1) is, despite any written law or any oath of secrecy to the contrary, legally bound to comply with the terms of that notice within the time specified in the notice. (3) In this section, “Comptroller” means the Comptroller of Income Tax, or any Deputy Comptroller or Assistant Comptroller of Income Tax appointed under section 3(1) of the Income Tax Act 1947. [25A


document_id: ma-2008
provision_ref: s45
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 45
title: General power to issue directions
content:
45. —(1) The Registrar may issue directions, either of a general or specific nature, to any licensee or exempt moneylender for or in respect of every purpose which the Registrar considers necessary for carrying out the provisions of this Act. (2) Without limiting subsection (1), the Registrar may by such directions — ( a ) require any licensee or exempt moneylender to display or exhibit such cautionary statements as the Registrar thinks fit in a conspicuous position at or in every place of business for moneylending; ( b ) require any licensee or exempt moneylender to provide cautionary statements in writing to borrowers; or ( c ) set out the manner in which any licensee or exempt moneylender must conduct the business of moneylending. (3) Any licensee or exempt moneylender who fails or refuses to comply with any direction issued under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000. (4) To avoid doubt, any written direction issued under subsection (1) is deemed not to be subsidiary legislation. [26


document_id: ma-2008
provision_ref: s46
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 46
title: False statements or representations to induce borrowing an offence
content:
46. Any moneylender, any director, partner, agent or employee of the moneylender, or any person who is responsible for the management of the business of moneylending of the moneylender, who — ( a ) by any false, misleading or deceptive statement, representation or promise; or ( b ) by any dishonest concealment of material facts, fraudulently induces or attempts to induce any person to borrow money or to agree to the terms on which money is or is to be borrowed, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 2 years or to both. [27


document_id: ma-2008
provision_ref: s47
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 47
title: Harassing borrower, etc.
content:
47. —(1) Subject to subsection (3), where an unlicensed moneylender — ( a ) displays or uses any threatening, abusive or insulting words, behaviour, writing, sign or visible representation; or ( b ) commits any act likely to cause alarm or annoyance to a borrower or surety, any member of the family of the borrower or surety, or any other person, in connection with a loan to the borrower, whether or not the unlicensed moneylender does the act personally or by any person acting on the unlicensed moneylender’s behalf, the unlicensed moneylender shall be guilty of an offence and — ( c ) in the case where the unlicensed moneylender is a body corporate, shall be liable on conviction to a fine of not less than $10,000 and not more than $100,000; or ( d ) in any other case — (i) shall on conviction be punished with imprisonment for a term not exceeding 5 years and shall also be liable to a fine of not less than $5,000 and not more than $50,000; and (ii) in the case of a second or subsequent offence, shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 9 years and shall also be liable to a fine of not less than $6,000 and not more than $60,000. (2) Subject to subsection (3), any person who, acting on behalf of an unlicensed moneylender, commits or attempts to commit any of the acts specified in subsection (1) shall be guilty of an offence and — ( a ) shall on conviction be punished with imprisonment for a term not exceeding 5 years and shall also be liable to a fine of not less than $5,000 and not more than $50,000; and ( b ) in the case of a second or subsequent offence, shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 9 years and shall also be liable to a fine of not less than $6,000 and not more than $60,000. (3) Subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010 — ( a ) except as provided in paragraph ( b ), a person who is convicted for the first time of an offence under subsection (1) or (2) shall also be liable to be punished with caning with not more than 6 strokes; ( b ) a person who is convicted for the first time of an offence under subsection (1) or (2) shall also be punished with caning — (i) with not less than 3 and not more than 6 strokes if it is proved to the satisfaction of the court that, in the course of committing the offence, damage was caused to any property; (ii) with not less than 5 and not more than 8 strokes if it is proved to the satisfaction of the court that, in the course of committing the offence, hurt was caused to another person; and (iii) with not less than 6 and not more than 12 strokes if it is proved to the satisfaction of the court that, in the course of committing the offence, hurt was caused to another person and damage was caused to any property; ( c ) except as provided in paragraph ( d ), a person who is convicted of a second or subsequent offence under subsection (1) or (2) shall also be liable to be punished with caning with not more than 12 strokes; and ( d ) a person who is convicted of a second or subsequent offence under subsection (1) or (2) shall also be punished with caning — (i) with not less than 5 and not more than 10 strokes if it is proved to the satisfaction of the court that, in the course of committing the offence, damage was caused to any property; (ii) with not less than 6 and not more than 12 strokes if it is proved to the satisfaction of the court that, in the course of committing the offence, hurt was caused to another person; and (iii) with not less than 9 and not more than 18 strokes if it is proved to the satisfaction of the court that, in the course of committing the offence, hurt was caused to another person and damage was caused to any property. [15/2010] (4) For the purposes of paragraph ( a ) of subsection (1), a person who — ( a ) uses any threatening, abusive or insulting words in any telephone call made by the person; or ( b ) by any means sends any thing which contains any threatening, abusive or insulting words, writing, sign or visible representation, whether from a place in Singapore or outside Singapore, to any person or place in Singapore is taken to have committed an act referred to in that paragraph. (5) For the purposes of paragraph ( b ) of subsection (1), a person who makes any telephone call, or by any means sends any article, message, word, sign, image or representation, whether from a place in Singapore or outside Singapore, to any person or place in Singapore, which is likely to cause alarm or annoyance to a person referred to in that paragraph, is taken to have committed an act referred to in that paragraph. (6) For the purposes of subsection (2), any person who does any of the acts specified in subsection (1) in connection with a demand for the repayment of a loan to an unlicensed moneylender is presumed, until the contrary is proved, to act on behalf of the unlicensed moneylender. (7) For the purposes of subsection (3), a person is deemed to have caused damage to any property if the person does any of the following acts: ( a ) defacing the property by means of any pen, marker or any other delible or indelible substance; ( b ) defacing the property by affixing, posting up or displaying on the property any poster, placard, bill, notice, paper or other document; ( c ) defacing the property through the use of paint, coffee, soya sauce or any other delible or indelible substance; ( d ) destroying or damaging the property through the use of fire or any other substance; ( e ) doing any other act of mischief which causes a change in any property or which diminishes its value or utility. [28


document_id: ma-2008
provision_ref: s48
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 48
title: Abetment of section 47
content:
48. —(1) For the purposes of Chapter 5 of the Penal Code 1871, a person ( P ) is taken to have abetted the commission of an offence under section 47 if — ( a ) P gives instruction to another person to carry out any act specified in section 47(1) in connection with a demand for the repayment of a loan to an unlicensed moneylender; ( b ) P provides or arranges transport for another person for the purpose of carrying out any such act knowing or having reasonable cause to believe that the act is in connection with such a demand; ( c ) P acts as or arranges a lookout for a person carrying out any such act knowing or having reasonable cause to believe that the act is in connection with such a demand; or ( d ) P provides or arranges transport for another person for the purpose of that other person acting as a lookout for a person carrying out any such act, and P knows or has reasonable cause to believe that the act is in connection with such a demand. (2) For the purposes of Chapter 5 of the Penal Code 1871, where — ( a ) a person gives instruction to another person to carry out any act specified in section 47(1) in connection with a demand for the repayment of a loan to an unlicensed moneylender; and ( b ) a person, knowing or having reasonable cause to believe that the act is in connection with a demand, verifies that the act has been carried out in accordance with such instruction, the person referred to in paragraph ( b ) is taken to have abetted the commission of an offence under section 47(1) or an offence under subsection (1)( a ) (as the case may be) by the person giving the instruction. (3) To avoid doubt, this section does not affect the term “abetment” under the Penal Code 1871. [28A


document_id: ma-2008
provision_ref: s49
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 49
title: Offences involving minors below 16
content:
49. —(1) Subject to subsection (2), any person of or above 21 years of age who causes or procures any person below 16 years of age to commit an offence under section 19 or 47 shall be guilty of an offence and — ( a ) if the offence under section 19 is thereby committed, shall on conviction be punished with imprisonment for a term not exceeding 7 years and shall also be liable to a fine of not less than $30,000 and not more than $300,000; ( b ) if the offence under section 47 is thereby committed, shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 9 years and shall also be liable to a fine of not less than $6,000 and not more than $60,000; or ( c ) in any other case, shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both. (2) Subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010 — ( a ) a person who is convicted of an offence under subsection (1) for causing or procuring any person below 16 years of age to commit an offence under section 19 shall, if the offence under section 19 is thereby committed, also be liable to be punished with caning with not more than 12 strokes; and ( b ) a person who is convicted of an offence under subsection (1) for causing or procuring any person below 16 years of age to commit an offence under section 47 shall, if the offence under section 47 is thereby committed, also be liable to be punished with caning with not more than 12 strokes. [28B [15/2010]


document_id: ma-2008
provision_ref: s50
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 50
title: Offence of providing false contact information
content:
50. —(1) A person ( P ) shall be guilty of an offence if — ( a ) in connection with a loan by an unlicensed moneylender to P or any other person, P gives any contact information which P knows or believes to be false to the unlicensed moneylender or a person acting on the moneylender’s behalf, having reasonable cause to believe that the moneylender or a person acting on the moneylender’s behalf will use the information for the purpose of committing an offence under section 47(1) or (2) against any other person; and ( b ) the unlicensed moneylender or a person acting on the moneylender’s behalf uses the contact information for the purpose of committing an offence under section 47(1) or (2) against any other person. (2) Any person who is guilty of an offence under subsection (1) shall be liable on conviction to imprisonment for a term not exceeding 12 months. (3) In subsection (1), “contact information” means a residential address, business address, telephone number, facsimile number or any other information given to enable an unlicensed moneylender to contact a borrower. [28C


document_id: ma-2008
provision_ref: s51
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 51
title: Special provisions relating to non-resident principal
content:
51. —(1) When any fine is imposed on an agent who is or has been licensed to carry on a business of moneylending in Singapore on behalf of a principal not resident in Singapore in respect of an offence under this Act committed by the agent in the course of carrying on the business, the fine is, unless the court imposing the fine otherwise directs, recoverable out of the property belonging to the principal or the agent, or to both, and situated within Singapore. (2) Any property of the principal mentioned in subsection (1) may be taken under or pursuant to an enforcement order and sold under any warrant issued against the agent for the levy of the amount of the fine. [Act 25 of 2021 wef 01/04/2022] (3) When it is made to appear to any court by any person entitled to make an application under section 37 that any transaction entered into with a moneylender not resident in Singapore prima facie ought to be reopened, the court may — ( a ) issue an order of attachment attaching any property of the moneylender situated within Singapore until such time as the moneylender submits to the jurisdiction of the court and gives security to the satisfaction of the court that any order made against the moneylender for repayment of any sum or for an indemnity will be duly satisfied; and ( b ) authorise the service out of the jurisdiction of any summons or other process applying for the reopening of the transaction under section 37. [29


document_id: ma-2008
provision_ref: s52
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 52
title: Powers of police officer
content:
52. Any police officer not below the rank of sergeant who is authorised in writing by the Registrar, or by a police officer not below the rank of Assistant Superintendent of Police, may at all times enter the premises of any licensee, or any person who is suspected of carrying on the business of moneylending, to inspect or seize any book, record or other document relating to any moneylending transaction without a warrant being issued by a Magistrate for that purpose. [30


document_id: ma-2008
provision_ref: s53
chapter: PART 3 - REGULATION OF BUSINESS OF MONEYLENDING, ENFORCEMENT AND PROCEEDINGS
section: 53
title: Public Prosecutor’s power to order inspection of customer information
content:
53. —(1) The Public Prosecutor may, if he or she considers that any evidence of the commission of an offence under section 19 or 47, whenever committed, or a conspiracy to commit, an attempt to commit, or an abetment of such an offence, by a person is likely to be found in any document containing customer information relating to that person, to the spouse, son or daughter of that person, or to a person reasonably believed by the Public Prosecutor to be a trustee or an agent for that person, by order authorise any police officer of or above the rank of assistant superintendent so named to inspect any document of a bank specified in the order. (2) The police officer so authorised may, at all reasonable times, enter the bank specified in the order and inspect the documents kept in the bank and may take copies of any relevant entry in any such document. (3) The Public Prosecutor may delegate his or her power under this section to a Deputy Public Prosecutor or the Commissioner of Police, except the power of delegation conferred by this subsection. (4) In this section, “customer information” has the meaning given by section 40A of the Banking Act 1970. [30A


document_id: ma-2008
provision_ref: s54
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 54
title: Interpretation of this Part
content:
54. In this Part, unless the context otherwise requires — “borrower information”, in relation to a licensee, means — ( a ) any information relating to a person or a loan applied for or granted to that person, that is in the possession or under the control of the licensee; ( b ) any information relating to a person or a loan, that is obtained by the licensee under section 66 or 66A; [Act 38 of 2023 wef 01/03/2024] ( c ) the prescribed information mentioned in section 68(1)( a ) relating to the repayment of a loan granted by the licensee, or any instalment of such repayment; or ( d ) the prescribed information mentioned in section 68(1)( b ) relating to any writing off of any debt arising from a loan granted by the licensee, but excludes any information that is not referable to any named person or named group of persons; “business report” means a report prepared by the designated credit bureau under section 74A(1); [Act 38 of 2023 wef 01/03/2024] “chief executive officer”, in relation to the designated credit bureau, means an individual, by whatever name described, who — ( a ) is in the direct employment of, or acting for or by arrangement with, the designated credit bureau; and ( b ) is principally responsible for the management and conduct of the business of the designated credit bureau; “credit report” means a report prepared by the designated credit bureau under section 74 using borrower information provided by at least one licensee for the purposes of — ( a ) enabling a licensee to assess the creditworthiness of a person, including — (i) information about the person’s history in relation to loans with one or more licensees; (ii) information about the person’s capacity to repay loans granted by one or more licensees to the person; and (iii) any other information relating to the person’s creditworthiness; [Act 38 of 2023 wef 01/03/2024] ( b ) enabling a licensee to comply with any restriction imposed under this Act as to the maximum amount that may be lent to a borrower or to a class or description of borrowers to which a borrower belongs; and [Act 38 of 2023 wef 01/03/2024] ( c ) enabling a licensee to assess whether a loan may be granted to a borrower or to a class or description of borrowers to which a borrower belongs; [Act 38 of 2023 wef 01/03/2024] “data” means — ( a ) borrower information of a licensee; ( b ) any information in a credit report; ( ba ) any information in a business report; [Act 38 of 2023 wef 01/03/2024] ( c ) any information in a loan information report; or ( d ) any information relating to a person or a loan, that is processed by the designated credit bureau in the course of preparing, providing or maintaining a credit report, business report or loan information report; [Act 38 of 2023 wef 01/03/2024] “designated credit bureau” means the person that is for the time being designated under section 56(1) as the designated credit bureau; “employee” includes an individual seconded from another employer; “executive officer”, in relation to the designated credit bureau, means any individual, by whatever name described, who — ( a ) is in the direct employment of, or acting for or by arrangement with, the designated credit bureau; and ( b ) is concerned with or takes part in the management of the designated credit bureau on a day-to-day basis; “information technology system”, in relation to the designated credit bureau, means computer servers and network equipment operated, maintained or used by the designated credit bureau in the performance of its duties under this Part, and any other electronic device that contains data; “integrity”, in relation to data, means that the data is accurate, complete, current and not misleading; “loan information report” means a report prepared by the designated credit bureau under section 77; [Act 38 of 2023 wef 01/03/2024] “officer”, in relation to a licensee or the designated credit bureau, means any director, chief executive officer, manager, secretary or other similar officer of the licensee or designated credit bureau, and includes any person purporting to act in any such capacity; “process”, in relation to data, means to carry out any operation or set of operations in relation to the data, and includes any of the following: ( a ) to collect or record the data; ( b ) to hold the data; ( c ) to organise, combine, adapt or alter the data; ( d ) to retrieve or transmit the data; ( e ) to use the data; ( f ) to disclose or report the data; ( g ) to erase or destroy the data; “public agency” means — ( a ) the Government, including any ministry, department and agency of the Government; ( b ) any statutory body; or ( c ) any Organ of State; “public record” means any document, record or information filed or lodged with, or contained in any register kept or maintained by, a public agency, where any person may, whether or not on payment of a fee — ( a ) inspect the register, document or record; or ( b ) obtain — (i) a copy of or an extract from the document, record or information; or (ii) an extract from the register; [Act 38 of 2023 wef 01/03/2024] “relevant business”, in relation to the designated credit bureau, means any of its business in relation to which a statutory manager has been appointed under section 61(2)( d ); “statutory manager” means a statutory manager appointed under section 61(2)( d ); “subsequent designated credit bureau” means a company that is designated by the Registrar under section 56(1) in place of a designated credit bureau which designation has been cancelled under section 58 or 59. [30B [7/2018]


document_id: ma-2008
provision_ref: s55
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 55
title: Application of this Part
content:
55. Unless otherwise provided, the provisions in Divisions 4, 5 and 6 of this Part are in addition to, and do not derogate from, anything in the Personal Data Protection Act 2012. [30C [7/2018] Division 2 &#x2014; Designation of designated credit bureau and
cancellation of designation


document_id: ma-2008
provision_ref: s56
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 56
title: Designation, etc., of designated credit bureau
content:
56. —(1) The Registrar may designate a company within the meaning of section 4(1) of the Companies Act 1967, with the consent of the company, to be the designated credit bureau for the purposes of this Act. [7/2018] (2) Only one company may be designated under subsection (1) at any one time. [7/2018] (3) The Registrar must not designate any company under subsection (1) unless the Registrar has approved a plan submitted by the company that sets out the steps to be taken by the company in the event of the impending cancellation of the designation of that company, so as to ensure continuity in the performance of the functions set out in section 57 by the subsequent designated credit bureau or a statutory manager. [7/2018] (4) Notice of the designation must be published in the Gazette . [7/2018] (5) A person that is not the designated credit bureau must not hold itself out as the designated credit bureau. [7/2018] (6) Any person who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, 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. [30D [7/2018]


document_id: ma-2008
provision_ref: s57
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 57
title: Functions of designated credit bureau
content:
57. —(1) Subject to the provisions of this Part, the functions of the designated credit bureau are as follows: ( a ) to prepare and provide reports in accordance with the provisions of this Part; [Act 38 of 2023 wef 01/03/2024] ( b ) to serve as a repository of data from which the Registrar or any public agency may obtain data for any purpose specified in this Act; [Act 38 of 2023 wef 01/03/2024] ( c ) to maintain a record of persons to whom a licensee is prohibited from granting a loan, and to assist in giving effect to such prohibition. [Act 38 of 2023 wef 01/03/2024] [Act 38 of 2023 wef 01/03/2024] (2) In addition to the functions under subsection (1), the designated credit bureau must undertake any other function that may be prescribed by the Minister in relation to protecting the interest of licensees, borrowers or potential borrowers. [Act 38 of 2023 wef 01/03/2024]


document_id: ma-2008
provision_ref: s58
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 58
title: Cancellation of designation by Registrar
content:
58. —(1) The Registrar may, by written notice, cancel the designation of the designated credit bureau if — ( a ) the Registrar is not satisfied with — (i) the financial standing of the designated credit bureau; or (ii) the manner in which the designated credit bureau’s business is being conducted; ( b ) the designated credit bureau is contravening or has contravened any provision of this Part, or any direction or notice issued, or any condition imposed, by the Registrar under this Part; ( c ) it appears to the Registrar that the designated credit bureau is failing or has failed to satisfy any of its obligations under or arising from this Part, or any direction or notice issued, or any condition imposed, by the Registrar under this Part; ( d ) the designated credit bureau has provided to the Registrar any information or document required under this Part that is false or misleading; or ( e ) the designated credit bureau, or any of its officers or employees, has not performed its or the officer’s or employee’s duties under this Part honestly. [7/2018] (2) Subject to subsection (3), the Registrar must not cancel the designation of the designated credit bureau without giving the designated credit bureau an opportunity to be heard. [7/2018] (3) The Registrar may, without giving the designated credit bureau an opportunity to be heard, cancel the designation of the designated credit bureau in any of the following circumstances: ( a ) the designated credit bureau is insolvent, becomes unable to meet its obligations, or suspends payments; ( b ) the designated credit bureau informs the Registrar that it is or is likely to become insolvent, or that it is or is likely to become unable to meet its obligations, or that it has suspended or is about to suspend payments; ( c ) the Registrar is of the opinion that the designated credit bureau — (i) is carrying on its business in a manner likely to be detrimental to the confidentiality, security or integrity of any data held by the designated credit bureau; or (ii) is or is likely to become insolvent, is or is likely to become unable to meet its obligations, or is about to suspend payments; ( d ) the designated credit bureau is wound up or otherwise dissolved, whether in Singapore or elsewhere; ( e ) it appears to the Registrar that it would be contrary to the public interest for the designated credit bureau to continue its operations. [7/2018] (4) The cancellation of the designation of a designated credit bureau takes effect on the date specified by the Registrar in the written notice mentioned in subsection (1), being a date not earlier than the date that the notice is served on the designated credit bureau. [7/2018] (5) Despite subsection (4), if the Registrar is of the view that it is necessary — ( a ) for the cancellation of the designation of the designated credit bureau to take effect on a later date, pending the designation of a subsequent designated credit bureau; or ( b ) for the cancellation of the designation of the designated credit bureau to take effect on an earlier date so that a subsequent designated credit bureau can be designated, the Registrar may, by a further written notice to the designated credit bureau, specify a different date (being a date not earlier than the date that the further notice is served on the designated credit bureau) on which the cancellation of the designation is to take effect, and the cancellation takes effect on the date specified in the further notice. [7/2018] (6) Notice of the cancellation of the designation must be published in the Gazette . [7/2018] (7) If the designated credit bureau or former designated credit bureau is aggrieved by the Registrar’s decision under subsection (1) or (3), the designated credit bureau or former designated credit bureau may appeal in writing to the Minister within 14 days after the written notice mentioned under subsection (1) or (5) is served. [7/2018] (8) Despite the lodging of an appeal under subsection (7), the cancellation of the designation takes effect — ( a ) on the date stated in the written notice under subsection (1); or ( b ) if a further written notice mentioned in subsection (5) is served, on the date specified in that notice, unless the cancellation of the designation is withdrawn by the Registrar before the date mentioned in paragraph ( a ) or ( b ), whichever is applicable. [7/2018] (9) The Minister’s decision on an appeal lodged under subsection (7) is final. [30F [7/2018]


document_id: ma-2008
provision_ref: s59
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 59
title: Application by designated credit bureau to cancel designation
content:
59. —(1) The designated credit bureau may apply for the cancellation of its designation upon giving prior notice, of such period as may be prescribed or such shorter period as the Registrar may allow, of its intention to do so. [7/2018] (2) Where notice has been given under subsection (1) and has not been withdrawn, the designation is treated as cancelled upon the expiry of the notice period mentioned in that subsection. [7/2018] (3) Notice of the cancellation of the designation must be published in the Gazette . [30G [7/2018] Division 3 &#x2014; Control of designated credit bureau


document_id: ma-2008
provision_ref: s60
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 60
title: Power to issue directions
content:
60. —(1) For the purpose of carrying out the provisions of this Part, the Registrar may give written directions, either of a general or specific nature, to the designated credit bureau. [7/2018] (2) The Registrar may, in particular, give directions setting out — ( a ) the manner in which the designated credit bureau is to perform its duties under this Part; ( b ) the manner in which data is to be processed by the designated credit bureau, including the requirement to preserve metadata in the course of processing data; or ( c ) the requirements relating to the availability or performance of any electronic online system used by the designated credit bureau for the collection, use or disclosure of borrower information or data. [7/2018] (3) Where the designated credit bureau, without reasonable excuse, fails to comply with a direction under subsection (1), the designated credit bureau shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $100,000; and ( b ) 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. [30H [7/2018]


document_id: ma-2008
provision_ref: s61
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 61
title: Registrar’s control over designated credit bureau
content:
61. —(1) This section and sections 62 to 65 apply — ( a ) after the written notice of the Registrar under section 58(1) cancelling the designation of the designated credit bureau has been served, but before the cancellation takes effect; or ( b ) after the application for the cancellation of the designation of the designated credit bureau is made by the designated credit bureau under section 59(1), but before the cancellation takes effect. [7/2018] (2) The Registrar may do any one or more of the following: ( a ) direct the designated credit bureau to transfer all data in the possession or under the control of the designated credit bureau to the subsequent designated credit bureau or a statutory manager; ( b ) without limiting paragraph ( a ), require that the designated credit bureau comply with the plan submitted by the designated credit bureau and approved by the Registrar under section 56(3); ( c ) require the designated credit bureau to immediately take any action or to do or not to do any act as the Registrar may consider necessary to ensure continuity in the performance of the functions set out in section 57 by the subsequent designated credit bureau or a statutory manager; ( d ) appoint one or more persons as statutory manager to assume control of and manage such of the business (including affairs and property) of the designated credit bureau under this Part on such terms as the Registrar may specify. [7/2018] (3) Where the Registrar appoints 2 or more persons as statutory manager of the designated credit bureau, the Registrar must specify, in the terms of the appointment, which of the duties, functions and powers of the statutory manager — ( a ) may be discharged or exercised by those persons jointly and severally; ( b ) must be discharged or exercised by those persons jointly; and ( c ) must be discharged or exercised by a specified person. [7/2018] (4) Where the Registrar has exercised any power under subsection (2), the Registrar may at any time do one or more of the following: ( a ) vary or revoke any requirement of, any appointment made by, or any action taken by, the Registrar under subsection (2), on such terms as the Registrar may specify; ( b ) add to, vary or revoke any term the Registrar has specified under this section. [7/2018] (5) A statutory manager incurs no liability for anything done (including any statement made) or omitted to be done with reasonable care and in good faith in the course of or in connection with — ( a ) the exercise or purported exercise of any power under this Part; ( b ) the performance or purported performance of any function or duty under this Part; or ( c ) the compliance or purported compliance with this Part. [7/2018] (6) Where the designated credit bureau, without reasonable excuse, fails to comply with a direction or requirement of the Registrar under subsection (2)( a ), ( b ) or ( c ), the designated credit bureau shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $100,000; and ( b ) 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. [30I [7/2018]


document_id: ma-2008
provision_ref: s62
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 62
title: Assumption of control
content:
62. —(1) Upon assuming control of any business of the designated credit bureau under section 61(2)( d ), the statutory manager must take custody or control of the relevant business. [7/2018] (2) During the period when the statutory manager is in control of the relevant business of the designated credit bureau, the statutory manager must manage the relevant business in the name of and on behalf of the designated credit bureau. [7/2018] (3) In managing the relevant business of the designated credit bureau, the statutory manager — ( a ) must ensure that the operations of the designated credit bureau are conducted without compromising the confidentiality, security or integrity of any data held by the designated credit bureau; and ( b ) has all the duties, powers and functions of the members of the board of directors (collectively and individually) of the designated credit bureau, including powers of delegation, in relation to the relevant business, under — (i) the Companies Act 1967; and (ii) the constitution of the designated credit bureau. [7/2018] (4) Despite subsection (3), the statutory manager is not required to call any meeting of the designated credit bureau under the Companies Act 1967 or the constitution of the designated credit bureau. [7/2018] (5) Despite any written law or rule of law — ( a ) upon the statutory manager assuming control of any business of the designated credit bureau under section 61(2)( d ), any appointment of an individual as chief executive officer or director of the designated credit bureau that was in force immediately before the assumption of control is treated as revoked, unless the Registrar gives his or her approval, by written notice to the individual and the designated credit bureau, for the individual to remain in the appointment; and ( b ) during the period when the statutory manager is in control of the relevant business of the designated credit bureau, an individual must not be appointed as chief executive officer or director of the designated credit bureau, except with the Registrar’s approval. [7/2018] (6) Where the Registrar has given his or her approval under subsection (5) for an individual to remain in the appointment of, or to be appointed as, chief executive officer or director of the designated credit bureau, the Registrar may at any time, by written notice to the individual, revoke the approval and the appointment is treated as revoked on the date specified in the notice. [7/2018] (7) Despite any written law or rule of law, if any individual whose appointment as chief executive officer or director of the designated credit bureau is revoked under subsection (5) or (6) acts or purports to act after the revocation as chief executive officer or director of the designated credit bureau during the period when the statutory manager is in control of the relevant business of the designated credit bureau under section 61(2)( d ) — ( a ) the act or purported act of the individual is invalid and of no effect; and ( b ) the individual shall be guilty of an offence if the individual so acts or purports to act without reasonable excuse. [7/2018] (8) Despite any written law or rule of law, if any individual who is appointed as chief executive officer or director of the designated credit bureau in contravention of subsection (5) acts or purports to act as chief executive officer or director of the designated credit bureau during the period when the statutory manager is in control of the relevant business of the designated credit bureau under section 61(2)( d ) — ( a ) the act or purported act of the individual is invalid and of no effect; and ( b ) the individual shall be guilty of an offence if the individual so acts or purports to act without reasonable excuse. [7/2018] (9) During the period when the statutory manager is in control of the relevant business of the designated credit bureau — ( a ) if there is any conflict or inconsistency between — (i) a direction or decision given by the statutory manager (including a direction or decision given to a person or body of persons mentioned in sub‑paragraph (ii)); and (ii) a direction or decision given by any chief executive officer, director, member, executive officer, employee, agent, office-holder, or the board of directors, of the designated credit bureau or any trustee for the designated credit bureau, the direction or decision mentioned in sub-paragraph (i) prevails over the direction or decision mentioned in sub‑paragraph (ii) to the extent of the conflict or inconsistency; and ( b ) a person must not exercise any voting or other right attached to any share in the designated credit bureau in any manner that may defeat or interfere with any duty, power or function of the statutory manager, and any such act or purported act is invalid and of no effect. [7/2018] (10) Any individual who is guilty of an offence under subsection (7) or (8) shall be liable on conviction — ( a ) to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both; and ( b ) in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part of a day during which the offence continues after conviction. [30J [7/2018]


document_id: ma-2008
provision_ref: s63
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 63
title: Other provisions concerning assumption of control
content:
63. —(1) A statutory manager is treated to have assumed control of the relevant business of the designated credit bureau on the date of the statutory manager’s appointment as a statutory manager. [7/2018] (2) Without limiting section 61(4)( a ), the Registrar may at any time revoke the appointment of a statutory manager in relation to the relevant business of the designated credit bureau — ( a ) if the Registrar is satisfied that the reasons for the appointment have ceased to exist; ( b ) if the confidentiality, security or integrity of any data held by the designated credit bureau is compromised; ( c ) if a subsequent designated credit bureau is designated; or ( d ) on any other ground. [7/2018] (3) The statutory manager must cease to be in control of the relevant business of the designated credit bureau upon revocation of its appointment under subsection (2) or section 61(4)( a ). [7/2018] (4) The Registrar must publish in the Gazette the date, and any other particulars that the Registrar thinks fit, of — ( a ) the appointment of a statutory manager in relation to the relevant business of the designated credit bureau; and ( b ) the revocation of a statutory manager’s appointment in relation to the relevant business of the designated credit bureau. [30K [7/2018]


document_id: ma-2008
provision_ref: s64
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 64
title: Responsibilities of directors, officers, etc., of designated credit bureau during period of control
content:
64. —(1) During the period when the statutory manager is in control of the relevant business of the designated credit bureau — ( a ) the General Division of the High Court may, on an application of the statutory manager, direct any former or current relevant person of the designated credit bureau to pay, deliver, convey, surrender or transfer to the statutory manager, within the period specified by the General Division of the High Court, any property or book of the designated credit bureau that — (i) forms part of or relates to the relevant business of the designated credit bureau under this Part; and (ii) is in the person’s possession or control; and ( b ) any former or current relevant person of the designated credit bureau must provide the statutory manager any information that the statutory manager may require to — (i) discharge its duties or functions; or (ii) exercise its powers, in relation to the designated credit bureau, within such time and in such manner as the statutory manager may specify. [7/2018; 40/2019] (2) Any person who — ( a ) without reasonable excuse, fails to comply with subsection (1)( b ); or ( b ) in purported compliance with subsection (1)( b ), knowingly or recklessly provides any information or document that is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part of a day during which the offence continues after conviction. [7/2018] (3) In this section, “relevant person”, in relation to the designated credit bureau, means a chief executive officer, director, executive officer, employee, agent, banker, auditor or office-holder of, or trustee for, the designated credit bureau. [30L [7/2018]


document_id: ma-2008
provision_ref: s65
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 65
title: Remuneration and expenses of statutory manager
content:
65. The Registrar may at any time fix the remuneration and expenses to be paid by the designated credit bureau to a statutory manager appointed in relation to the designated credit bureau, whether or not the appointment has been revoked. [30M [7/2018] Division 4 &#x2014; Duties of licensees in relation to borrower
information and data, etc.


document_id: ma-2008
provision_ref: s66
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 66
title: Duties to obtain and submit borrower information, etc., before granting loan
content:
66. —(1) Every licensee must, before granting any loan to an applicant for a loan, obtain from the applicant the following information in relation to the applicant and the loan: ( a ) if the applicant is an individual, the applicant’s full name (including any alias), date of birth, personal identification number (such as national registration identity card number, birth certificate number or passport number), nationality, residential address and telephone number; ( b ) if the applicant is a body corporate other than a limited liability partnership — (i) its name, the address of its place of business or registered office, its telephone number, the date and place of its incorporation and its incorporation number; (ii) the name, personal identification number (such as national registration identity card number, birth certificate number or passport number) and residential address of each of its officers; (iii) the name, place of incorporation, incorporation number and address of the place of business or registered office of each of its substantial shareholders that are corporations, if any; and (iv) the name, personal identification number (such as national registration identity card number, birth certificate number or passport number) and residential address of each of its substantial shareholders who are individuals, if any; [Act 32 of 2024 wef 25/11/2024] ( ba ) if the applicant is a limited liability partnership — (i) its name, the address of its place of business or registered office, its telephone number, the date and place of its incorporation and its incorporation number; (ii) the name, personal identification number (such as national registration identity card number, birth certificate number or passport number) and residential address of each of its managers; (iii) the name, place of incorporation, incorporation number and address of the place of business or registered office of each of its partners that are corporations, if any; and (iv) the name, personal identification number (such as national registration identity card number, birth certificate number or passport number) and residential address of each of its partners who are individuals, if any; [Act 32 of 2024 wef 25/11/2024] ( c ) if the applicant is a partnership or unincorporated association — (i) its name, address of its place of business or registered office, telephone number, date and place of registration and registration number; (ii) the names, personal identification numbers (such as national registration identity card number, birth certificate number or passport number) of every partner or member who is an individual and of its officers; and (iii) the names, places of incorporation, incorporation numbers and addresses of the places of business or registered offices of any partner which is a corporation; ( d ) any other information in relation to the applicant and the loan, that is prescribed by the Minister, having regard to the purposes of a credit report. [7/2018] (2) [ Deleted by Act 38 of 2023 wef 01/03/2024 ] (3) The licensee must, within the prescribed time after the receipt of an application for a loan from an applicant and before granting any loan to the applicant, submit the information mentioned in subsection (1) and information about the principal of the loan, to the designated credit bureau in the prescribed manner. [7/2018] (4) Before submitting any information mentioned in subsection (1) to the designated credit bureau under subsection (3), the licensee must — ( a ) verify the information and applicant’s identity against either or a combination of the following: (i) genuine, complete and up‑to‑date documents provided by the applicant; (ii) the same or supporting information relating to the applicant from any public record; and ( b ) inform the applicant in writing — (i) that the information is to be submitted to the designated credit bureau for the purpose of producing a credit report in relation to the applicant; and (ii) that any of that information submitted to the designated credit bureau may be disclosed by the designated credit bureau to — (A) the Registrar; and (B) any public agency, if the Registrar is satisfied that the information is necessary for policy formulation or review by the public agency. [Act 38 of 2023 wef 01/03/2024] (5) No licensee may grant any loan to an applicant for a loan unless the licensee — ( a ) has submitted, within the prescribed time after the receipt of the loan application and in the prescribed manner, a request to the designated credit bureau for a credit report in relation to the applicant; and ( b ) has obtained a credit report in relation to the applicant within the prescribed time before the loan is granted. [7/2018] (6) The request submitted by the licensee under subsection (5)( a ) must be accompanied by — ( a ) a declaration as to whether — (i) the licensee is submitting the request for a purpose other than for assessing the creditworthiness of the applicant in question and for complying with any restriction imposed under this Act as to the maximum amount that may be lent to the applicant; and (ii) the licensee has a valid licence issued under section 5 at the time of the request; and ( b ) any other document or information that the Minister may prescribe for the purposes of this subsection. [7/2018] (7) Upon obtaining a credit report in relation to an applicant for a loan, a licensee must — ( a ) if the licensee intends to grant the loan — (i) inform the designated credit bureau in the prescribed manner and before granting the loan, of any change in the information submitted under subsection (3); and (ii) submit to the designated credit bureau in the prescribed manner and before granting the loan, information on the frequency of repayment of the loan, the amount of each repayment, the rate of interest and late interest (if any), and any late payment fee or any permitted fee payable under the contract for the loan; and ( b ) if the licensee declines to grant the loan, inform the designated credit bureau in the prescribed manner and within the prescribed time of the reason or reasons for so declining. [7/2018] (8) Any licensee who without reasonable excuse contravenes subsection (1), (3), (4), (5), (6) or (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both. [7/2018] [Act 38 of 2023 wef 01/03/2024] (9) Any licensee who submits under subsection (6)( a ) a declaration that is false shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both. [30N [7/2018]


document_id: ma-2008
provision_ref: s66A
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 66A
title: Obtaining, etc., information and requesting credit report in relation to surety
content:
66A. —(1) This section applies where an application for a loan is made to a licensee by an applicant with one or more sureties. (2) Subject to subsection (3), a licensee must, before granting any loan to the applicant, comply with — ( a ) the requirements of section 66(1) and (4) in respect of each surety of the applicant, as if a reference to an applicant in those provisions were a reference to the surety; and [Act 32 of 2024 wef 25/11/2024] ( b ) the requirement of section 66(3) to submit the information mentioned in section 66(1) (called in this paragraph the required information) to the designated credit bureau as if a reference to the required information in relation to the applicant were a reference to the required information in relation to the surety. (3) The Minister may, under section 66(1)( d ) as it applies to a surety of the applicant under subsection (2), prescribe different types of information to be obtained by a licensee from the surety. (4) A licensee may, before deciding whether to grant a loan to an applicant, submit a request to the designated credit bureau for a credit report in relation to any surety of the applicant. (5) A request for a credit report under subsection (4) — ( a ) must be submitted in the prescribed manner; and ( b ) must be accompanied by — (i) a declaration that — (A) the licensee is submitting the request to assess the creditworthiness of the surety; and (B) the licensee has a valid licence issued under section 5 at the time of the request; and (ii) any other document or information that the Minister may prescribe for the purposes of this subsection. (6) A licensee must, if the licensee intends to grant the loan to the applicant, inform the designated credit bureau, in the prescribed manner and before granting the loan, of any change in the surety’s information submitted under section 66(3) read with subsection (2)( b ). (7) To avoid doubt, a licensee is not required to seek the consent of a surety of an applicant before submitting a request to the designated credit bureau for a credit report in relation to the surety under subsection (4). (8) Any licensee who, without reasonable excuse, contravenes subsection (2) or (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both. (9) Any licensee who submits under subsection (5)( b )(i) a declaration that is false shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 38 of 2023 wef 01/03/2024]


document_id: ma-2008
provision_ref: s67
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 67
title: Credit report to be disposed of or kept by licensee
content:
67. —(1) Where a licensee declines to grant a loan to an applicant for a loan, the licensee must, within one business day after the day that the licensee informs the designated credit bureau under section 66(7)( b ) of the reason or reasons for so declining — ( a ) in the case of a credit report obtained under section 66(5)( b ) in relation to the applicant — dispose of the credit report (including any information in the credit report); and ( b ) in the case of any credit report obtained in accordance with a request submitted under section 66A(4) in relation to a surety of the applicant — dispose of the credit report (including any information in the credit report). [Act 38 of 2023 wef 01/03/2024] (2) Every licensee who enters into a contract for a loan with a borrower must — ( a ) keep or cause to be kept the credit report obtained under section 66(5)( b ), and any credit report obtained in accordance with a request submitted under section 66A(4), for the purposes of the loan for a period of 5 years after the date on which the loan is fully repaid or on which the contract for the loan is otherwise terminated; and [Act 38 of 2023 wef 01/03/2024] ( b ) immediately dispose of that credit report upon the expiry of the period mentioned in paragraph ( a ). [7/2018] (3) Any licensee who without reasonable excuse contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both. [30O [7/2018]


document_id: ma-2008
provision_ref: s68
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 68
title: Duty to submit information of repayments and instalments
content:
68. —(1) A licensee must submit the following information to the designated credit bureau within such time as may be prescribed: ( a ) information relating to any repayment of a loan granted by the licensee or any instalment of a repayment of such loan; ( b ) information relating to the writing off of any debt arising from a loan granted by the licensee. [7/2018] (2) Any licensee who without reasonable excuse contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both. [30P [7/2018]


document_id: ma-2008
provision_ref: s69
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 69
title: Duty to maintain confidentiality of borrower information
content:
69. —(1) A licensee and any of the licensee’s officers or employees must not request from the designated credit bureau any borrower information (including a credit report relating to a person) of the licensee or any other licensee, except for the purposes of section 66(5)( b ) or 66A(4). [7/2018] [Act 38 of 2023 wef 01/03/2024] (2) A licensee and any of the licensee’s officers or employees must not use any borrower information (including any such information in a credit report) of the licensee or any other licensee received from the designated credit bureau, except where — ( a ) the borrower information is strictly necessary to assess the creditworthiness of an applicant for a loan from the licensee; or ( b ) the borrower information is to be used by the licensee for determining the maximum amount that the licensee may lend to an applicant for a loan from the licensee. [7/2018] (3) A licensee and any of the licensee’s officers or employees must not disclose to any other person any borrower information of the licensee or any other licensee (including any such information in a credit report) except — ( a ) to the designated credit bureau, to the extent that the borrower information is required to be submitted under section 66, 66A or 68; [Act 38 of 2023 wef 01/03/2024] ( b ) to the person to which the borrower information relates; ( c ) to the Registrar or any officer duly authorised by the Registrar, to the extent that the borrower information is required to be furnished under section 43; ( d ) to the Registrar, to the extent that the borrower information is required to be submitted under section 72; or ( e ) to the licensee, where the disclosure of borrower information of the licensee is by any of the licensee’s officers or employees. [7/2018] (3A) Despite subsection (3), a licensee may disclose — ( a ) any borrower information of the licensee (including any such information in a credit report) — (i) to an assistant of the licensee to enable the assistant to collect any debt on behalf of the licensee; (ii) to a contractor or agent engaged by the licensee to enable the contractor or agent to maintain or support the licensee’s information system; or (iii) to any public agency to enable any of the licensee’s officers or employees to inspect or obtain any public record relating to — (A) an applicant for a loan from the licensee; or (B) a borrower to whom a loan has been granted by the licensee; or ( b ) any specified borrower information of the licensee — (i) to any prescribed credit bureau for the purpose of obtaining any report from that prescribed credit bureau to assess the creditworthiness of any applicant for a loan or any borrower to whom a loan has been granted by the licensee; or (ii) to any other person that may be prescribed for any purposes related to the welfare and protection of applicants for loans, borrowers and sureties. [Act 38 of 2023 wef 01/03/2024] (4) Any person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both. [7/2018] (5) In this section, unless the context otherwise requires — ( a ) where borrower information of a licensee may be disclosed under subsection (3) to any person that is a body corporate, the borrower information may be disclosed to such officers of the body corporate as may be necessary for the purpose for which the disclosure is authorised under that subsection; and ( b ) the obligation of any officer or employee of the licensee not to disclose any borrower information of any licensee mentioned in subsection (3) continues after the termination or cessation of his or her appointment, employment, engagement or other capacity or office in which he or she has been provided the borrower information. [30Q [7/2018] (6) In this section — “information system” means computer servers and network equipment operated, maintained or used by a licensee for the purposes of the licensee’s business of moneylending, and any other electronic device that contains borrower information of the licensee; “prescribed credit bureau” means — ( a ) a credit bureau that is for the time being licensed under the Credit Bureau Act 2016; or ( b ) an organisation which provides information to a person to assess the creditworthiness of an individual in relation to one or more transactions between the person and the individual, where such information is — (i) provided for gain or profit; or (ii) provided on a routine, non‑profit basis as an ancillary part of a business carried on for gain or profit, that may be prescribed as such; “specified borrower information” means one or more types or classes of borrower information that the Registrar may, by written notice to one or more licensees, specify for the purposes of this Part. [Act 38 of 2023 wef 01/03/2024]


document_id: ma-2008
provision_ref: s70
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 70
title: Duty to maintain security and integrity of borrower information, etc.
content:
70. —(1) A licensee must — ( a ) ensure the integrity of any borrower information it provides to the designated credit bureau; and ( b ) protect any information (including information in a credit report, business report, loan information report or other document) in the licensee’s possession or under the licensee’s control, that the licensee has obtained or received under or for the purposes of this Act, by making reasonable security arrangements to — (i) prevent unauthorised access to, unauthorised collection, use, disclosure, copying, modification or disposal of, or similar risks in relation to, the information; and (ii) prevent the loss, damage or compromise of any storage medium or device on which the information is stored. [Act 38 of 2023 wef 01/03/2024] (2) Any licensee who without reasonable excuse contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both. [30R [7/2018]


document_id: ma-2008
provision_ref: s71
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 71
title: Duty to correct borrower information
content:
71. —(1) A person may request a licensee to correct any error or omission in the borrower information of the licensee that relates to that person. [7/2018] (2) Upon receiving a request under subsection (1), the licensee must — ( a ) inform the Registrar and the designated credit bureau of the request as soon as practicable after receiving the request; ( b ) conduct and complete an investigation to ascertain the integrity of the borrower information within such period as the Minister may prescribe; and ( c ) unless the licensee is satisfied on reasonable grounds that a correction should not be made, within such period as the Minister may prescribe — (i) correct the borrower information in question; and (ii) send the corrected borrower information to the designated credit bureau. [7/2018] (3) Upon receiving a request of the designated credit bureau under section 78(3)( b ), the licensee must — ( a ) inform the Registrar of the request as soon as practicable after receiving the request; ( b ) conduct and complete an investigation to ascertain the integrity of the borrower information of the licensee that is the subject of the request, within such period as the Minister may prescribe; and ( c ) unless the licensee is satisfied on reasonable grounds that a correction should not be made, within such period as the Minister may prescribe — (i) correct the borrower information in question; and (ii) send the corrected borrower information to the designated credit bureau. [7/2018] (4) Any licensee who without reasonable excuse contravenes subsection (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both. [30S [7/2018]


document_id: ma-2008
provision_ref: s72
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 72
title: Duty to submit borrower information to Registrar
content:
72. —(1) For the purpose of determining whether this Act has been complied with, or for the purpose of policy formulation or review by the Registrar or by any public agency, the Registrar or any officer duly authorised by the Registrar may, by written notice to a licensee, direct that the licensee submit to the Registrar or the officer any borrower information of the licensee — ( a ) in relation to any person or loan specified in the notice; and ( b ) within the period and in the form and manner specified in the notice. [7/2018] (2) Any licensee who without reasonable excuse fails to comply with any notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both. [30T [7/2018]


document_id: ma-2008
provision_ref: s73
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 73
title: Duties under this Part applicable in relation to persons with revoked or expired licences
content:
73. —(1) Where the licence of a person is revoked or has expired, the following duties continue to apply to the person in relation to moneylending transactions entered into by the person before the revocation or expiry of the licence: ( a ) subject to subsection (2), the duties under section 67(2) to keep or cause to be kept, and to dispose of, a credit report (including any information in a credit report); ( b ) the duties under section 68(1) to submit information relating to the repayment of a loan or any instalment of the repayment of a loan, and information relating to the writing off of any debt arising from a loan; ( c ) the duties under section 69(2) and (3) concerning the use and disclosure of borrower information; ( d ) the duties under section 70(1) to ensure the integrity of borrower information and to protect any information mentioned in that section; [Act 38 of 2023 wef 01/03/2024] ( e ) the duties under section 71(2) and (3) relating to the correction of borrower information; ( f ) the duty under section 72(1) to submit borrower information to the Registrar. [7/2018] (2) A person mentioned in subsection (1) must dispose of any credit report (including any information in a credit report) by such date as the Registrar may specify by written notice. [7/2018] (3) For the purposes of section 69, a reference to an officer or employee of a licensee includes a reference to an officer or employee of a person whose licence has been revoked or has expired. [7/2018] (4) Any person who without reasonable excuse contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both. [30U [7/2018] Division 5 &#x2014; Duties of designated credit bureau in relation to
borrower information and data, etc.


document_id: ma-2008
provision_ref: s74
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 74
title: Production of credit reports and charging of fees, etc.
content:
74. —(1) Subject to subsections (3) and (4), upon receiving a request by a licensee for a credit report in relation to an applicant for a loan under section 66(5)( a ) or a surety of an applicant for a loan under section 66A(4), the designated credit bureau must prepare and deliver to the licensee a credit report — ( a ) containing such information in relation to that person as the Minister may prescribe, having regard to the purposes of a credit report; and ( b ) within the prescribed time and in the prescribed manner. [7/2018] [Act 38 of 2023 wef 01/03/2024] (1A) For the purposes of subsection (1)( a ), different types of information may be prescribed in respect of different classes or descriptions of persons who are the subject of a credit report, or different classes or descriptions of licensees. [Act 38 of 2023 wef 01/03/2024] (2) The designated credit bureau may, each time it delivers a credit report to a licensee under subsection (1), charge a fee not exceeding an amount that is approved by the Registrar. [7/2018] (3) Despite subsections (1)( a ) and (2), the designated credit bureau may, by agreement with a licensee making a request under section 66(5)( a ) or 66A(4) for a credit report — ( a ) deliver at the prescribed time and in the prescribed manner to that licensee a credit report containing information in addition to that prescribed under subsection (1)( a ); and ( b ) charge that licensee, for the additional information, a fee not exceeding an amount that is approved by the Registrar, in addition to the fee mentioned in subsection (2). [7/2018] [Act 38 of 2023 wef 01/03/2024] [Act 38 of 2023 wef 01/03/2024] (4) The designated credit bureau must not deliver any credit report to a licensee under subsection (1) or (3) if it is not satisfied that — ( a ) the licensee has — (i) in the case of a request by a licensee under section 66(5)( a ) — submitted the declaration mentioned in section 66(6)( a ) and any other document or information prescribed under section 66(6)( b ); or (ii) in the case of a request by the licensee under section 66A(4) — submitted the declaration mentioned in section 66A(5)( b )(i) and any other document or information prescribed under section 66A(5)( b )(ii); or [Act 38 of 2023 wef 01/03/2024] ( b ) the licensee has a valid licence issued under section 5. [7/2018] (5) If the designated credit bureau without reasonable excuse contravenes subsection (1) or (4), the designated credit bureau shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $250,000; and ( b ) 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. [30V [7/2018]


document_id: ma-2008
provision_ref: s74A
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 74A
title: Business report in relation to licensee
content:
74A. —(1) Subject to subsections (2) and (4), the designated credit bureau may, upon the request of a licensee, prepare and deliver to the licensee a report (called in this section a business report) in relation to the licensee — ( a ) for the purposes of facilitating or assisting the licensee to develop or improve strategies, standards or practices in respect of the business of moneylending carried on or conducted by the licensee; and ( b ) that is prepared using one or more of the following: (i) borrower information provided by — (A) the licensee; or (B) the licensee and one or more other licensees; (ii) any information in a credit report in relation to — (A) applicants for loans from the licensee; and (B) borrowers to whom loans have been granted by the licensee; (iii) any information relating to the applicants and borrowers mentioned in sub‑paragraph (ii) that is processed by the designated credit bureau in the course of preparing, providing or maintaining a credit report in relation to those applicants and borrowers. (2) A business report must not contain any information that the Minister may prescribe. (3) For the purposes of subsection (2), different information or types of information may be prescribed in respect of business reports prepared and delivered for different classes or descriptions of licensees. (4) The designated credit bureau may, for every business report prepared and delivered to a licensee under subsection (1), charge a fee not exceeding an amount that is approved by the Registrar. [Act 38 of 2023 wef 01/03/2024]


document_id: ma-2008
provision_ref: s75
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 75
title: Duties relating to borrower information
content:
75. —(1) The designated credit bureau and any of its officers or employees must not use any borrower information received from any licensee except for the purpose of — ( a ) producing and delivering a credit report under section 74, a business report under section 74A or a loan information report under section 77; [Act 38 of 2023 wef 01/03/2024] ( b ) correcting the data in the possession or under the control of the designated credit bureau under section 78(6); [Act 38 of 2023 wef 01/03/2024] ( c ) disclosing the borrower information in such form as directed by the Registrar under section 81; or [7/2018] [Act 38 of 2023 wef 01/03/2024] ( d ) discharging the functions of the designated credit bureau under section 57. [Act 38 of 2023 wef 01/03/2024] (2) Subject to section 77(3A), the designated credit bureau and any of its officers or employees must not disclose (whether in the form of a credit report, business report or loan information report or otherwise) any borrower information received from any licensee to any person except — ( a ) to a licensee, to the extent that the borrower information has been required or permitted to be disclosed under section 74 or 74A; [Act 38 of 2023 wef 01/03/2024] ( b ) to the person to which the borrower information relates under section 77; ( c ) to the Registrar, in accordance with section 80; or ( d ) to a public agency, to the extent that the borrower information has been directed by the Registrar under section 81(2)( c ) to be disclosed to that public agency, and in accordance with any condition specified by the Registrar under section 81(3). [7/2018] [Act 38 of 2023 wef 01/03/2024] (2A) Nothing in subsections (1) and (2) prevents the designated credit bureau that is a licensed credit bureau under the Credit Bureau Act 2016 from using or disclosing any borrower information that is also customer information within the meaning given by that Act, if the use or disclosure of such information is required or permitted by or under that Act. [Act 38 of 2023 wef 01/03/2024] (3) Despite anything in this section, an officer or employee of the designated credit bureau may disclose borrower information received from a licensee to another officer or employee of the designated credit bureau, if the disclosure is solely in connection with the performance of the duties of that officer or employee, as the case may be. [7/2018] (4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both; or ( b ) in any other case, to a fine not exceeding $250,000. [7/2018] (5) This section applies to any data received by the designated credit bureau in a request under section 78(1) as it applies to borrower information received from any licensee. [30W [7/2018]


document_id: ma-2008
provision_ref: s76
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 76
title: Duty to maintain security and integrity of data
content:
76. —(1) Subject to the provisions of this Part, the designated credit bureau must, in respect of any data that it receives from a licensee — ( a ) ensure the integrity of the data that the designated credit bureau processes (except where erasing or destroying such data); and ( b ) protect the data by making reasonable security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks. [7/2018] (2) Without limiting subsection (1)( a ), the designated credit bureau must update its information technology system or any of its books containing any data, at least once a day or at any other frequency that the Minister may prescribe. [7/2018] (3) For the purposes of subsection (1)( a ), the integrity of any data of the designated credit bureau is assumed unless the designated credit bureau is required or directed to correct the data under section 78(2)( a ), (3)( a ), (5) or (6). [7/2018] (4) If the designated credit bureau without reasonable excuse contravenes subsection (1) or (2), the designated credit bureau shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $250,000; and ( b ) 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. [30X [7/2018]


document_id: ma-2008
provision_ref: s77
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 77
title: Duty to provide loan information report
content:
77. —(1) Upon the request of any person, the designated credit bureau must, within one business day after the request or any other period that the Minister may prescribe, provide the person with a loan information report in relation to the person — ( a ) that is prepared using one or more of the following: (i) borrower information provided by at least one licensee; (ii) any information in a credit report in relation to the person; (iii) any information relating to the person or a loan granted to the person, that is processed by the designated credit bureau in the course of preparing, providing or maintaining a credit report in relation to the person; and [Act 38 of 2023 wef 01/03/2024] ( b ) that contains such information as the Minister may prescribe relating to — (i) each loan granted by a licensee to that person that has not been fully repaid or in respect of which the contract for the loan has not otherwise been terminated; and (ii) any pending application for a loan made by that person from any licensee. [7/2018] [Act 38 of 2023 wef 01/03/2024] (2) The designated credit bureau may charge a person a fee each time the designated credit bureau provides the person with a loan information report under subsection (1). [7/2018] (3) The designated credit bureau must provide the loan information report mentioned in subsection (1) to a person, in one of the following forms at the person’s option: ( a ) a physical copy to be collected by the person at the registered office of the designated credit bureau; ( b ) a physical copy sent by registered post to an address specified by the person; ( c ) an electronic copy sent by email to an email address specified by the person. [7/2018] (3A) Despite subsections (1) and (3) and section 75(2), where the designated credit bureau is required to provide a loan information report to a person ( P ) under subsection (1), the designated credit bureau or any of its officers or employees may disclose the loan information report to any other person, if the designated credit bureau has P ’s written consent for the disclosure. [Act 38 of 2023 wef 01/03/2024] (4) If the designated credit bureau without reasonable excuse contravenes subsection (1) or (3), the designated credit bureau shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $250,000; and ( b ) 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. [30Y [7/2018]


document_id: ma-2008
provision_ref: s77A
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 77A
title: Disposal of report delivered in error
content:
77A. —(1) If the Registrar is aware that any of the following has been wrongly delivered to a person: ( a ) a credit report under section 74(1); ( b ) a business report under section 74A(1); ( c ) a loan information report under section 77(1), the Registrar may, by written notice, direct the person to dispose of that report (including any information in that report) by a specified date. (2) A person who receives a written notice mentioned in subsection (1) must comply with the Registrar’s direction by the date specified in the written notice, or any later date that the Registrar may allow. (3) Any person who, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 38 of 2023 wef 01/03/2024]


document_id: ma-2008
provision_ref: s78
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 78
title: Correction of data, etc., on request
content:
78. —(1) A person may request the designated credit bureau to correct an error or omission in any data — ( a ) relating to that person or any loan applied for by that person; and ( b ) that is in the possession or under the control of the designated credit bureau. [7/2018] (2) Upon receiving a request under subsection (1), the designated credit bureau must, within such period after receiving the request as the Registrar may specify by written notice — ( a ) correct the error or omission in the data in question if the designated credit bureau is satisfied, on reasonable grounds and without an investigation, that the correction should be made; or ( b ) conduct and complete an investigation to ascertain the integrity and source of the data in question. [7/2018] (3) Upon completing the investigation mentioned in subsection (2)( b ), unless the designated credit bureau is satisfied on reasonable grounds that a correction should not be made, the designated credit bureau must comply with the following: ( a ) in a case where it is ascertained from the investigation that the error or omission in the data in question — (i) occurred or arose out of or in the course of the processing of the data in question by the designated credit bureau; or (ii) occurred or arose as a result of any malfunction in the information technology system used by the designated credit bureau, the designated credit bureau must immediately correct the error or omission; ( b ) in any other case, the designated credit bureau must — (i) identify the licensee who submitted the borrower information in question to the designated credit bureau; and (ii) immediately contact the licensee to request that the licensee conduct an investigation to ascertain the integrity of the borrower information of the licensee. [7/2018] (4) If the licensee mentioned in subsection (3)( b ) cannot be contacted by the designated credit bureau by any of the prescribed means and within the prescribed time, the designated credit bureau must immediately notify the Registrar of this fact. [7/2018] (5) Upon being notified by the designated credit bureau under subsection (4), the Registrar may investigate into the request made under subsection (1), and may direct the designated credit bureau to correct the error or omission in question if the Registrar is satisfied, from any document submitted by the person making the request, that the error or omission ought to be corrected despite the absence of any investigation by the licensee. [7/2018] (6) Upon receiving any corrected borrower information from a licensee under section 71(2)( c ) or (3)( c ), the designated credit bureau must immediately correct the error or omission in question in the data in the possession or under the control of the designated credit bureau by relying on the corrected borrower information. [7/2018] (7) Unless otherwise directed by the Registrar by written notice, the designated credit bureau must keep or cause to be kept for a period of 5 years after the date of every request under subsection (1) or the date of receipt of any corrected borrower information sent by a licensee under section 71(2)( c ) or (3)( c ), the following information: ( a ) the name of the person who made the request or the licensee who sent the corrected borrower information; ( b ) the name of the person to whom the data in question relates; ( c ) the date of the request or the receipt of corrected borrower information; ( d ) the data in question; ( e ) whether the data in question was corrected; ( f ) any other information that may be prescribed. [7/2018] (8) If the designated credit bureau without reasonable excuse contravenes subsection (2), (3), (4), (6) or (7), or fails to comply with a direction of the Registrar under subsection (5), the designated credit bureau shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $250,000; and ( b ) 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. [7/2018] (9) This section has effect despite anything in section 22 of the Personal Data Protection Act 2012. [30Z [7/2018]


document_id: ma-2008
provision_ref: s79
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 79
title: Obligation to notify Registrar of certain events
content:
79. —(1) The designated credit bureau must notify the Registrar as soon as practicable after the occurrence of any of the following events: ( a ) an event that results in a compromise of the confidentiality or security of any data in the possession or under the control of the designated credit bureau; ( b ) any civil or criminal proceeding instituted against the designated credit bureau, whether in Singapore or elsewhere; ( c ) any event (including an irregularity in any operation of the designated credit bureau) that impedes or impairs the operations of the designated credit bureau; ( d ) the designated credit bureau is becoming, or is likely to become, insolvent or unable to meet any of its financial, statutory, contractual or other obligations; ( e ) any other event that the Minister may prescribe. [7/2018] (2) Subject to subsection (1), the designated credit bureau must notify the Registrar within 7 business days after the occurrence of any of the following events: ( a ) any change of any of its executive officers other than a director or the chief executive officer of the designated credit bureau; ( b ) any other event that the Minister may prescribe. [7/2018] [Act 38 of 2023 wef 01/03/2024] (3) If the designated credit bureau contravenes subsection (1) or (2), the designated credit bureau shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000. [30ZA [7/2018]


document_id: ma-2008
provision_ref: s80
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 80
title: Obligation to provide information to Registrar
content:
80. —(1) For any of the purposes mentioned in subsection (2), and subject to subsection (5), the Registrar may, by written notice, direct the designated credit bureau to provide to the Registrar all such information relating to the designated credit bureau’s business of preparing, providing or maintaining credit reports or loan information reports under this Part within such period as the Registrar may specify in the notice. [7/2018] (2) The purposes mentioned in subsection (1) are the following: ( a ) for determining whether this Act has been complied with; ( b ) for policy formulation or review by the Registrar or any public agency. [7/2018] [Act 38 of 2023 wef 01/03/2024] (3) Without limiting subsections (1) and (2), the Registrar may in the written notice require the designated credit bureau to provide — ( a ) any information relating to the operations of the designated credit bureau that are carried out for the purposes of its functions under section 57; ( b ) borrower information of any licensee that is in the possession or under the control of the designated credit bureau; and ( c ) any other information that the Registrar may require for the purposes of this Act. [7/2018] (4) Subject to subsection (5) — ( a ) a requirement imposed by the Registrar under this section has effect despite any obligation as to secrecy or other restrictions upon the disclosure of information imposed by any rule of law or contract; and ( b ) a person who complies with a requirement imposed by the Registrar under this section is not to be treated as being in breach of any restriction on the disclosure of the information imposed by any rule of law or contract. [7/2018] (5) Nothing in this section requires a person to disclose any information subject to legal privilege. [7/2018] (6) If the designated credit bureau without reasonable excuse fails to comply with a notice issued under subsection (1), the designated credit bureau shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $100,000; and ( b ) 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. [30ZB [7/2018] Division 6 &#x2014; Disclosure to public agencies


document_id: ma-2008
provision_ref: s81
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 81
title: Disclosure of borrower information and data to public agencies
content:
81. —(1) A public agency may make a request to the Registrar for information relating to any borrower or class or description of borrowers, or any loan or class or description of loans, for the purpose of policy formulation or review. [7/2018] (2) Upon the receipt of a request under subsection (1), the Registrar may — ( a ) direct any licensee under section 72 to submit any borrower information of the licensee to the Registrar, and disclose all or any of the borrower information to the public agency; ( b ) direct the designated credit bureau under section 80 to provide any data in the possession or under the control of the designated credit bureau to the Registrar, and disclose all or any of the data to the public agency; or ( c ) direct the designated credit bureau, by written notice, to disclose to the public agency any data in the possession or under the control of the designated credit bureau in such form as the Registrar may direct. [7/2018] (3) The direction under subsection (2)( c ) may be made subject to any condition that the Registrar may specify in the notice. [7/2018] (4) The Registrar must not disclose any borrower information or data under subsection (2)( a ) or ( b ), or direct the disclosure of any data under subsection (2)( c ), unless the Registrar — ( a ) is satisfied that the borrower information or data is necessary for policy formulation or review by the public agency; and ( b ) is satisfied that the public agency is not able to obtain the borrower information or data under any other written law. [7/2018] (5) Despite anything in subsection (4), the Registrar must not disclose under subsection (2)( a ) or ( b ) any personal data, or direct the disclosure under subsection (2)( c ) of any personal data, unless the Registrar is satisfied that the policy formulation or review to be conducted by the public agency cannot reasonably be accomplished without the personal data being provided. [7/2018] (6) In this section, “personal data” means data about an individual who can be identified from that data. [30ZC [7/2018]


document_id: ma-2008
provision_ref: s81A
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 81A
title: Registrar may share information pursuant to data sharing direction
content:
81A. —(1) Despite anything in this Act, the Registrar may share any borrower or loan information under the Registrar’s control with any Singapore public sector agency in accordance with and to the extent permitted by a data sharing direction given to the Registrar. (2) In determining whether the Registrar is authorised to share borrower or loan information under a data sharing direction mentioned in subsection (1), any restriction or limitation (whether express or implied) imposed under this Act on the Registrar as to the sharing or disclosure of the information is disregarded. (3) In this section — “borrower or loan information” means any information (including personal data) relating to any borrower or class or description of borrowers, or any loan or class or description of loans, obtained by the Registrar from a licensee or the designated credit bureau under or for the purposes of this Act; “control” and “Singapore public sector agency” have the meanings given by section 2(1) of the Public Sector (Governance) Act 2018; “data sharing direction” means a direction given under section 4 of the Public Sector (Governance) Act 2018 on the sharing of information or re‑identification of anonymised information under the control of a Singapore public sector agency; “personal data” means data about an individual who can be identified from that data. [Act 38 of 2023 wef 01/03/2024] Division 7 &#x2014; Audit of designated credit bureau


document_id: ma-2008
provision_ref: s82
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 82
title: Audit of designated credit bureau’s accounts
content:
82. —(1) Despite the provisions of the Companies Act 1967, the designated credit bureau must — ( a ) on an annual basis, appoint an auditor who is a public accountant under the Accountants Act 2004; and ( b ) if for any reason its auditor ceases to be its auditor, appoint another auditor who is a public accountant under the Accountants Act 2004 as soon as practicable after the cessation. [7/2018] (2) The designated credit bureau must notify the Registrar in writing of an appointment under subsection (1) as soon as practicable after the appointment. [7/2018] (3) The Registrar may appoint an auditor — ( a ) if the designated credit bureau fails to appoint an auditor; or ( b ) if the Registrar considers it desirable that another auditor should act with the auditor appointed under subsection (1), and may at any time fix the remuneration to be paid by the designated credit bureau to the auditor the Registrar appoints. [7/2018] (4) The duties of an auditor appointed under subsection (1) or (3) are — ( a ) to carry out, for the year in respect of which the auditor is appointed, an audit of the designated credit bureau’s accounts; and ( b ) to make a report on the designated credit bureau’s financial statements or consolidated financial statements in accordance with section 207 of the Companies Act 1967. [7/2018] (5) The Registrar may, by written notice to an auditor appointed under subsection (1) or (3), impose all or any of the following duties on the auditor in addition to those provided under subsection (4), and the auditor must carry out the duties so imposed: ( a ) a duty to submit any additional information in relation to the audit that the Registrar considers necessary; ( b ) a duty to enlarge or extend the scope of the audit of the designated credit bureau’s business and affairs under this Part; ( c ) a duty to carry out any other examination, or establish any procedure, in relation to the audit in any particular case; ( d ) a duty to make a report on any of the matters mentioned in paragraphs ( b ) and ( c ). [7/2018] (6) The designated credit bureau must remunerate the auditor in respect of — ( a ) the remuneration the Registrar has fixed under subsection (3); and ( b ) the discharge of all or any of the additional duties of the auditor imposed under subsection (5). [7/2018] (7) Despite any provision of this Part or the provisions of the Companies Act 1967, the Registrar may, if the Registrar is not satisfied with the performance of any duty by the auditor of the designated credit bureau, at any time direct the designated credit bureau — ( a ) to remove the auditor; and ( b ) to appoint another auditor who is a public accountant under the Accountants Act 2004. [7/2018] (8) The designated credit bureau must submit, or cause to be submitted, the following documents to the Registrar within the time specified by the Registrar by written notice: ( a ) a copy of the auditor’s report made under subsection (4)( b ), attached to the designated credit bureau’s financial statements or consolidated financial statements; ( b ) a copy of any report made under subsection (5)( d ). [7/2018] (9) If an auditor, in the course of performing the auditor’s duties, is satisfied that — ( a ) there has been a serious breach or non-observance of the provisions of this Part; ( b ) a criminal offence involving fraud or dishonesty has been committed; ( c ) losses have been incurred that reduce the capital of the designated credit bureau by 50% or more; ( d ) serious irregularities have occurred, including irregularities that compromise the confidentiality, security or integrity of any data received, used or disclosed by the designated credit bureau; or ( e ) the auditor is unable to confirm that the claims of creditors of the designated credit bureau are covered by the assets of the designated credit bureau, the auditor must immediately report the matter to the Registrar. [7/2018] (10) Where an auditor or employee of the auditor discloses in good faith to the Registrar — ( a ) the auditor’s or employee’s knowledge or suspicion of any of the matters mentioned in subsection (9); or ( b ) any information or other matter on which that knowledge or suspicion is based, the disclosure is not a breach of any restriction upon the disclosure imposed by any law, contract or rules of professional conduct, and the auditor or employee is not liable for any loss arising out of the disclosure or any act or omission in consequence of the disclosure. [7/2018] (11) If the designated credit bureau contravenes subsection (1) or (8), the designated credit bureau shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. [7/2018] (12) Any auditor who contravenes subsection (5) or (9) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. [30ZD [7/2018]


document_id: ma-2008
provision_ref: s83
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 83
title: Powers of auditor appointed by Registrar
content:
83. —(1) An auditor appointed by the Registrar under section 82(3) may, for the purpose of carrying out an examination or audit — ( a ) examine, on oath or affirmation, any officer or employee of the designated credit bureau, or any other auditor of the designated credit bureau appointed under section 82 or under the Companies Act 1967; ( b ) require any officer or employee of the designated credit bureau, or any other auditor of the designated credit bureau appointed under section 82 or under the Companies Act 1967, to produce any book held by or on behalf of the designated credit bureau relating to its business under this Part; ( c ) make copies of or take extracts from, or retain possession of, any book mentioned in paragraph ( b ) for such period as may be necessary to enable it to be inspected; ( d ) employ such persons as the auditor considers necessary to assist the auditor in carrying out the examination or audit; and ( e ) authorise in writing any person employed by the auditor to do, in relation to the examination or audit, any act or thing that the auditor could do as an auditor under this subsection, other than the examination of a person on oath or affirmation. [7/2018] (2) Any individual who, without reasonable excuse — ( a ) fails to answer any question put to that individual; or ( b ) fails to comply with any request made to that individual, by an auditor appointed under section 82(3) or a person authorised under subsection (1)( e ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $12,500 or to imprisonment for a term not exceeding 12 months or to both. [30ZE [7/2018]


document_id: ma-2008
provision_ref: s84
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 84
title: Restriction on auditor’s and employee’s right to communicate certain matters
content:
84. —(1) Except as may be necessary for carrying into effect the provisions of this Part, or for the purpose of an investigation into any offence under any written law, or so far as may be required for the purposes of any legal proceedings (whether civil or criminal) — ( a ) an auditor appointed under section 82; or ( b ) any employee of such auditor, must not disclose any information that comes to the auditor’s or employee’s knowledge in the course of performing the auditor’s or employee’s duties, to any person other than the Registrar, and in the case of an employee of such auditor, the auditor. [7/2018] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of the auditor, to a fine not exceeding $25,000; or ( b ) in the case of the employee, to a fine not exceeding $12,500. [30ZF [7/2018]


document_id: ma-2008
provision_ref: s85
chapter: PART 3A - COLLECTION, USE AND DISCLOSURE OF BORROWER
section: 85
title: Offence to destroy, conceal, alter, etc., records
content:
85. —(1) Any individual who, with intent to prevent, delay or obstruct the carrying out of any examination or audit under section 82 or 83 — ( a ) destroys, conceals or alters any book relating to the business of the designated credit bureau; or ( b ) sends, or conspires with any other person to send, out of Singapore, any book or asset of any description belonging to, or in the possession of or under the control of the designated credit bureau, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. [7/2018] (2) If, in any proceedings for an offence under subsection (1), it is proved that the individual charged with the offence — ( a ) destroyed, concealed or altered any book mentioned in subsection (1)( a ); or ( b ) sent, or conspired to send, out of Singapore, any book or asset mentioned in subsection (1)( b ), the onus of proving that, in so doing, the individual did not act with intent to prevent, delay or obstruct the carrying out of an examination or audit under section 82 or 83 lies on that individual. [30ZG [7/2018]


document_id: ma-2008
provision_ref: s86
chapter: PART 4 - MISCELLANEOUS
section: 86
title: Certain offences arrestable and non-bailable
content:
86. Every offence under section 19 or 47 is deemed to be an arrestable and non-bailable offence within the meaning of the Criminal Procedure Code 2010. [31


document_id: ma-2008
provision_ref: s87
chapter: PART 4 - MISCELLANEOUS
section: 87
title: Jurisdiction of court
content:
87. —(1) Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence. (2) Where any act constituting an offence, or part of an offence, under section 19 or 47 is committed outside Singapore by a person, the person may be dealt with in respect of that offence as if the act had been committed within Singapore. [32


document_id: ma-2008
provision_ref: s88
chapter: PART 4 - MISCELLANEOUS
section: 88
title: Examination of offenders
content:
88. —(1) Whenever 2 or more persons are charged with an offence under section 19 or 47, whenever committed, or with a conspiracy to commit, or an attempt to commit, or an abetment of such an offence, the court may require one or more of them to give evidence as a witness or witnesses for the prosecution. (2) Any such person who refuses to be sworn or to answer any lawful question is to be dealt with in the same manner as witnesses so refusing may by law be dealt with by a Magistrate’s Court or District Court, as the case may be. (3) Every person so required to give evidence, who in the opinion of the court makes true and full discovery of all things as to which the person is lawfully examined, is entitled to receive a certificate of indemnity under the hand of the Magistrate or District Judge (as the case may be) stating that the person has made a true and full discovery of all things as to which the person was examined, and that certificate is a bar to all legal proceedings against the person in respect of all those things. [32A


document_id: ma-2008
provision_ref: s89
chapter: PART 4 - MISCELLANEOUS
section: 89
title: Offences by bodies corporate, etc.
content:
89. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (6) The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore. [33


document_id: ma-2008
provision_ref: s90
chapter: PART 4 - MISCELLANEOUS
section: 90
title: Composition of offences
content:
90. —(1) The Registrar, or the Commissioner of Police or any police officer authorised in writing by the Commissioner of Police, may compound any offence under this Act that is prescribed as an offence which may be compounded by the Registrar, the Commissioner of Police or such police officer by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) The Minister may make rules to prescribe the offences which may be compounded under this section and the conditions subject to which, and the manner in which, the offences may be compounded. [34


document_id: ma-2008
provision_ref: s91
chapter: PART 4 - MISCELLANEOUS
section: 91
title: Exemption on application
content:
91. —(1) The Minister may, upon the application of any person and the payment of such fees as may be prescribed, issue a certificate to exempt, with or without conditions, any person from all or any of the provisions of this Act. (2) Every exemption under subsection (1) — ( a ) may in the first instance be valid for a period of 3 years or less from the date of the grant of exemption; ( b ) may, upon payment of the prescribed fee, be extended thereafter, with or without additional conditions, for further periods not exceeding 3 years at a time; and ( c ) need not be published in the Gazette . (3) Any person who desires to apply for or extend an exemption must submit an application to the Registrar in such form and manner, and must furnish the Registrar with such information, as the Registrar may require. (4) Any person who has been granted an exemption under this section and desires to apply to the Minister to vary or revoke any of the existing conditions of the exemption must — ( a ) submit an application to the Registrar in such form and manner, and furnish the Registrar with such information, as the Registrar may require; and ( b ) pay such fee as may be prescribed for the making of the application. (5) The Minister may prescribe different fees in respect of different classes or descriptions of persons for the purposes of this section. (6) An application for the extension of an exemption must be made not later than one month before the expiry of the exemption. (7) Any moneylender who makes an application for the extension of an exemption after the time limited under subsection (6) must pay a late extension fee not exceeding $50 for every day or part of a day that the application for extension is late, subject to a maximum of $1,500. (8) The Minister may at any time revoke, whether wholly or in part, any exemption granted to a person under subsection (1) by giving the person a written notice of revocation. (9) Without limiting subsection (8), the Minister may at any time revoke, whether wholly or in part, any exemption — ( a ) for the contravention of any condition of the exemption or any provision of this Act; or ( b ) if the Minister is satisfied that it is in the public interest to do so. (10) Any revocation, whether wholly or in part, of an exemption or a condition of exemption under this section, and any amendment of a condition of exemption under this section, do not affect any moneylending transaction entered into before the date of the revocation or amendment, as the case may be. [35


document_id: ma-2008
provision_ref: s92
chapter: PART 4 - MISCELLANEOUS
section: 92
title: Class exemption
content:
92. —(1) The Minister may make rules to exempt any class of persons from any, but not all, of the provisions of this Act, subject to such terms or conditions as may be prescribed. (2) Any revocation, whether wholly or in part, of an exemption or a condition of exemption under this section, and any amendment of a condition of exemption under this section, do not affect any moneylending transaction entered into before the date of the revocation or amendment, as the case may be. [36


document_id: ma-2008
provision_ref: s93
chapter: PART 4 - MISCELLANEOUS
section: 93
title: Rules
content:
93. —(1) The Minister may make rules for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Minister may make rules — ( a ) to prescribe the maximum amount that may be lent by a moneylender to a borrower or to any borrower belonging to any class or description of borrowers; ( b ) to prescribe the maximum aggregate amount that may be lent by all moneylenders to a borrower or to any borrower belonging to any class or descriptions of borrowers; ( c ) to prohibit a moneylender from granting to a borrower a loan of an amount that would, together with any other loan granted to the borrower by the moneylender or any other moneylender that remains outstanding, exceed the prescribed maximum aggregate amount that may be lent at any one time by all moneylenders to the borrower or to a class or description of borrowers to which the borrower belongs; ( d ) to prescribe the class or description of borrowers to which a moneylender may grant a loan, or a loan above a specified amount, either generally or in specified circumstances; ( e ) to prescribe the circumstances under which a moneylender is prohibited or restricted from granting a loan to a borrower; ( f ) to regulate the use of advertisements by or on behalf of any moneylender, or any solicitation or canvassing for business by or on behalf of any moneylender; ( g ) to prescribe the types of activities and services that a moneylender may not engage in or provide; ( h ) to specify the places where a moneylender may conduct the business of moneylending; ( i ) to require a moneylender to keep particular accounts or records relating to loans; ( j ) to prescribe the manner in which accounts and records are to be kept and the particulars to be entered therein; ( k ) to regulate the conduct of the business of moneylending, or specific types of moneylending activities or services; ( l ) to provide for — (i) the detection and prevention of money laundering; (ii) the detection and prevention of terrorism financing; or (iii) the detection and prevention of the financing of proliferation of weapons of mass destruction; [Act 6 of 2024 wef 01/05/2024] ( la ) to provide for the reporting of transactions suspected of involving money laundering, terrorism financing or the financing of proliferation of weapons of mass destruction; [Act 6 of 2024 wef 01/05/2024] ( m ) to discharge or facilitate the discharge of any obligation binding on Singapore by virtue of a decision of the Security Council of the United Nations; ( n ) to prescribe the forms for the purposes of this Act; ( o ) to prescribe the fees to be paid in respect of any matter required for the purposes of this Act and the refund and remission, whether wholly or in part, of those fees; and ( p ) to prescribe all matters and things which by this Act are required or permitted to be prescribed or which are necessary or expedient to be prescribed to give effect to this Act. [7/2018] (3) Rules made under this section may — ( a ) relate to any moneylender, whether the moneylender is a licensee or is exempted from all or any of the provisions of this Act; ( b ) relate to all or any class or description of moneylenders, borrowers or loans; and ( c ) make different provisions for different classes or descriptions of moneylenders, borrowers or loans. [7/2018] (4) Rules made under this section may provide that a contravention of any specified provision of the rules is an offence, and — ( a ) in respect of the rules referred to in subsection (2)( l ) or ( m ), may provide for penalties not exceeding a fine of $100,000; and ( b ) in respect of any other rules, may provide — (i) in a case where the offender is an individual, for penalties not exceeding a fine of $20,000 or imprisonment for a term not exceeding 12 months or both for each offence; or (ii) in any other case, for penalties not exceeding a fine of $50,000 for each offence. (5) Subsection (6) applies where rules prohibit a moneylender from granting to a borrower a loan of an amount that would, together with any other loan granted to the borrower by the moneylender or any other moneylender that remains outstanding, exceed the prescribed maximum aggregate amount that may be lent at any one time by all moneylenders to the borrower or to a class or description of borrowers to which the borrower belongs. [7/2018] (6) The aggregate amount of the loans granted to a borrower by one or more moneylenders that is set out in the credit report delivered under section 74(1) or (3) as outstanding is presumed (unless proven otherwise) to be the aggregate amount of the loans granted to a borrower by all moneylenders that is outstanding as at the date the credit report is delivered. [37 [7/2018]


document_id: ma-2008
provision_ref: s94
chapter: PART 4 - MISCELLANEOUS
section: 94
title: Transitional and saving provisions
content:
94. —(1) Any notice, order, decision, direction, requisition or approval made or granted by the Registrar or the Minister under the repealed Moneylenders Act (Cap. 188, 1985 Revised Edition) in force immediately before 1 March 2009 continues and is deemed to have been made or granted by the Registrar or the Minister, respectively, under this Act and has effect accordingly. (2) All acts done by or on behalf of the Registrar or the Minister under the repealed Moneylenders Act (Cap. 188, 1985 Revised Edition) before 1 March 2009 continue to remain valid and have effect as though done by or on behalf of the Registrar or the Minister, respectively, under this Act until such time as those acts are invalidated, revoked, cancelled or otherwise determined by the Registrar or the Minister, as the case may be. (3) Any written law or document referring to the repealed Moneylenders Act (Cap. 188, 1985 Revised Edition) or any provision thereof is, as far as may be necessary for preserving its effect, to be construed as referring or as including a reference to this Act or the corresponding provision in this Act, as the case may be. [38


document_id: ma-2017
provision_ref: s2
section: 2
title: General interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “approved certification scheme” means an accreditation or a certification scheme designated as an approved certification scheme under section 7; “certified mediator” means a mediator who is certified under an approved certification scheme; “designated mediation service provider” means a mediation service provider designated under section 7; “mediated settlement agreement”, in relation to a mediation, means an agreement by some or all of the parties to the mediation settling the whole or part of the dispute to which the mediation relates; “mediation agreement” means a mediation agreement described in section 4; “mediation communication”, in relation to a mediation, means — ( a ) anything said or done; ( b ) any document prepared; or ( c ) any information provided, for the purposes of or in the course of the mediation, and includes a mediation agreement or mediated settlement agreement; “mediation institution” means a body or an organisation that administers an accreditation or a certification scheme for mediators; “mediation service provider” means a body or an organisation that provides services for the conduct of mediation and has in place procedures or rules to govern the conduct of mediation; “mediator” means an individual who is appointed to be a mediator for a mediation; “party to a mediation” means any party to the whole or part of a dispute that is referred for mediation, but does not include any mediator conducting the mediation; “third party”, in relation to a mediation, means a person who is — ( a ) not a party to the mediation; ( b ) not a mediator for the mediation; and ( c ) not a mediation service provider. (2) Where more than one mediator is appointed for a mediation, a reference to a mediator under this Act is a reference to all the mediators for the mediation.


document_id: ma-2017
provision_ref: s3
section: 3
title: Meaning of “mediation”
content:
3. —(1) In this Act, “mediation” means a process comprising one or more sessions in which one or more mediators assist the parties to a dispute to do all or any of the following with a view to facilitating the resolution of the whole or part of the dispute: ( a ) identify the issues in dispute; ( b ) explore and generate options; ( c ) communicate with one another; ( d ) voluntarily reach an agreement. (2) For the purposes of subsection (1), a session is a meeting between the mediator, or one or more mediators (where more than one mediator is appointed for a mediation), and one or more of the parties to the dispute, and includes any activity undertaken (whether by a mediator, a party to the dispute or some other person) — ( a ) to arrange or prepare for such a meeting, whether or not the meeting takes place; and ( b ) to follow up on any matter or issue raised in such a meeting. (3) For the purposes of subsection (2), a meeting includes a meeting conducted by electronic communication, video conferencing or other electronic means. (4) In this section — “data message” means information generated, sent, received or stored by electronic, magnetic, optical or similar means, including, but not limited to, electronic data interchange (EDI), electronic mail, telegram, telex or telecopy; “electronic communication” means any communication that is made by means of data messages.


document_id: ma-2017
provision_ref: s4
section: 4
title: Meaning and form of “mediation agreement”
content:
4. —(1) In this Act, “mediation agreement” means an agreement by 2 or more persons to refer the whole or part of a dispute which has arisen, or which may arise, between them for mediation. (2) A mediation agreement may be in the form of a clause in a contract or in the form of a separate agreement. (3) A mediation agreement must be in writing. (4) A mediation agreement is in writing if its content is recorded in any form, whether or not the mediation agreement has been concluded orally, by conduct or by other means. (5) A reference in a contract to any document containing a mediation clause constitutes a mediation agreement in writing if the reference is such as to make that clause part of the contract. (6) A reference in a bill of lading to a charterparty or any other document containing a mediation clause constitutes a mediation agreement in writing if the reference is such as to make that clause part of the bill of lading.


document_id: ma-2017
provision_ref: s6
section: 6
title: Application of Act
content:
6. —(1) Subject to subsections (2), (3), (4) and (5), this Act applies to, or in relation to, any mediation conducted under a mediation agreement where — ( a ) the mediation is wholly or partly conducted in Singapore; or ( b ) the agreement provides that this Act or the law of Singapore is to apply to the mediation. [4/2020] (2) This Act does not apply to, or in relation to, the following: ( a ) any mediation or conciliation proceeding, process, scheme or framework conducted under, or provided by or under, any written law; ( b ) unless otherwise provided in an order under subsection (4), any mediation conducted by, or under a direction by, a court; ( c ) subject to subsection (5), any mediation or conciliation proceeding, process, scheme or framework, or any class of mediation or conciliation proceedings, processes, schemes or frameworks, not falling under paragraph ( a ) or ( b ), which is excluded in an order under that subsection. (3) Subsection (2)( a ) does not preclude — ( a ) an international settlement agreement as defined in section 2(1) of the Singapore Convention on Mediation Act 2020 (called in this subsection an international settlement agreement) from being a mediated settlement agreement to which this Act applies if, apart from subsection (2)( a ), the international settlement agreement would qualify as such; or ( b ) an international settlement agreement that is also a mediated settlement agreement to which this Act applies from being recorded as an order of court under this Act if the international settlement agreement has not been recorded as an order of court under section 5 of the Singapore Convention on Mediation Act 2020. [4/2020] (4) The Minister may, after consulting the Chief Justice, by order in the Gazette , extend all or any of the provisions of this Act to apply to, or in relation to, any mediation described in subsection (2)( b ), and in the order make such saving or transitional provisions consequent on the extension as may be necessary or expedient. (5) The Minister may, by order in the Gazette , exclude from the application of all or any of the provisions of this Act — ( a ) the whole or any part of any mediation or conciliation proceeding, process, scheme or framework described in subsection (2)( c ); or ( b ) any class of mediation or conciliation proceedings, processes, schemes or frameworks described in subsection (2)( c ). (6) All orders made under subsections (4) and (5) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: ma-2017
provision_ref: s7
section: 7
title: Designation of mediation service provider and approved certification scheme
content:
7. —(1) The Minister may, subject to such terms and conditions as the Minister thinks fit to impose — ( a ) designate any mediation service provider to be a designated mediation service provider for the purposes of this Act; and ( b ) designate any accreditation or certification scheme administered by a mediation institution to be an approved certification scheme for the purposes of this Act. (2) Notice of every designation must be published in the Gazette .


document_id: ma-2017
provision_ref: s8
section: 8
title: Stay of court proceedings
content:
8. —(1) Where any party to a mediation agreement institutes any proceedings before a court against any other party to that agreement in respect of any matter which is the subject of that agreement, any party to that agreement may apply to that court to stay the proceedings so far as the proceedings relate to that matter. (2) The court hearing the application may make an order, upon such terms or conditions as the court thinks fit, staying the proceedings so far as the proceedings relate to the matter. (3) The court may, in making an order under subsection (2), make such interim or supplementary orders as the court thinks fit for the purpose of preserving the rights of the parties. (4) For the purposes of this section, a reference to a party includes a reference to any person claiming through or under a party.


document_id: ma-2017
provision_ref: s9
section: 9
title: Restrictions on disclosure
content:
9. —(1) Subject to subsections (2) and (3), a person must not disclose any mediation communication relating to a mediation to any third party to the mediation. (2) A person may disclose a mediation communication to a third party to the mediation if — ( a ) the disclosure is made with the consent of — (i) all the parties to the mediation; and (ii) for a mediation communication that is made by a person other than a party to the mediation, the maker of the mediation communication; ( b ) the content of the mediation communication is information that has already been made available to the public at the time of its disclosure, other than information that is only in the public domain due to an unlawful disclosure; ( c ) there are reasonable grounds to believe that the disclosure is necessary to prevent or minimise — (i) the danger of injury to any person; or (ii) the abuse, neglect, abandonment or exploitation of any child or young person (within the meaning of the Children and Young Persons Act 1993); ( d ) the disclosure is made for research, evaluation or educational purposes without revealing, or being likely to reveal, whether directly or indirectly, the identity of the maker of the mediation communication or any person to whom the mediation communication relates; ( e ) the disclosure is made for the purpose of seeking legal advice; ( f ) the person disclosing the mediation communication is an arbitrator acting as a mediator under section 63(1) of the Arbitration Act 2001 or an arbitrator or umpire acting as a conciliator under section 17(1) of the International Arbitration Act 1994 and the disclosure is made in accordance with section 63(2) or (3) of the Arbitration Act 2001 or section 17(2) or (3) of the International Arbitration Act 1994, as the case may be; ( g ) the disclosure is required by an order of court, or required or authorised by or under any written law; ( h ) the disclosure is made to assist a law enforcement agency in the investigation of any offence under any written law; ( i ) the disclosure is in compliance with a request or requirement imposed by a regulatory authority and is necessary to enable the regulatory authority to perform its duties or discharge its functions; or ( j ) the mediation communication relates to the commission of any offence under any written law or was made in furtherance of any illegal purpose. (3) Despite subsection (2), a person may, with permission of a court or an arbitral tribunal under section 11, disclose a mediation communication to a third party to the mediation — ( a ) for the purpose of enforcing or disputing a mediated settlement agreement; ( b ) for the purpose of establishing or disputing an allegation or a complaint of professional misconduct against a mediator or any other person who participated in the mediation in a professional capacity; ( c ) for the purpose of discovery or other similar procedures in any court proceedings or arbitral proceedings (as the case may be) which have been instituted, where the person who is a party to those proceedings is required to disclose documents in the person’s possession, custody or power; or ( d ) for any other purpose that the court or arbitral tribunal (as the case may be) considers justifiable in the circumstances of the case. [Act 25 of 2021 wef 01/04/2022] (4) In this section — “disclosure”, in relation to information, includes permitting access to the information; “law enforcement agency” means any authority or person charged with the duty of investigating offences or charging offenders under any written law; “regulatory authority” means any body or organisation in Singapore charged with the public function of regulating entities or individuals, whether under any written law or otherwise.


document_id: ma-2017
provision_ref: s10
section: 10
title: Admissibility of mediation communication in evidence
content:
10. A mediation communication is not to be admitted in evidence in any court, arbitral or disciplinary proceedings except with the permission of a court or an arbitral tribunal under section 11. [Act 25 of 2021 wef 01/04/2022]


document_id: ma-2017
provision_ref: s11
section: 11
title: Permission of court or arbitral tribunal for disclosure or admission in evidence
content:
11. —(1) A court or an arbitral tribunal may, on application by any person, grant permission for a mediation communication to be disclosed under section 9(3) or admitted in evidence under section 10. [Act 25 of 2021 wef 01/04/2022] (2) For the purposes of subsection (1), the court or arbitral tribunal (as the case may be) must take into account all of the following matters in deciding whether to grant permission: ( a ) whether the mediation communication may be or has been disclosed under section 9(2); ( b ) whether it is in the public interest or the interests of the administration of justice for the mediation communication to be disclosed or admitted in evidence; ( c ) any other circumstances or matters that the court or arbitral tribunal (as the case may be) considers relevant. [Act 25 of 2021 wef 01/04/2022] (3) Where the mediation communication is sought to be disclosed or admitted in evidence in proceedings — ( a ) before a court — the application must be made to the court before which the proceedings are heard; ( b ) before an arbitral tribunal — the application must be made to the arbitral tribunal before which the proceedings are heard; and ( c ) in any other case — the application must be made to the General Division of the High Court. [40/2019] [Act 25 of 2021 wef 01/04/2022]


document_id: ma-2017
provision_ref: s12
section: 12
title: Recording of mediated settlement agreement as order of court
content:
12. —(1) Where a mediated settlement agreement has been made in a mediation in relation to a dispute for which no proceedings have been commenced in a court, any party to the agreement may, with the consent of all the other parties to that agreement, apply to a court to record the agreement as an order of court. (2) The application must be made within — ( a ) 8 weeks after the mediated settlement agreement is made; or ( b ) such longer period as the court may allow. (3) Subject to subsection (4), a court may record a mediated settlement agreement as an order of court if — ( a ) the mediation is administered by a designated mediation service provider or conducted by a certified mediator; ( b ) the agreement is in writing and signed by or on behalf of all the parties to the agreement; and ( c ) the agreement contains such information as may be prescribed. (4) The court may refuse to record a mediated settlement agreement as an order of court if — ( a ) the agreement is void or voidable because of incapacity, fraud, misrepresentation, duress, coercion, mistake or any other ground for invalidating a contract; ( b ) the subject matter of the agreement is not capable of settlement; ( c ) any term of the agreement is not capable of enforcement as an order of court; ( d ) where the subject matter of the dispute to which the agreement relates involves the welfare or custody of a child, one or more of the terms of the agreement is not in the best interest of the child; or ( e ) the recording of the agreement as an order of court is contrary to public policy. (5) A mediated settlement agreement that is recorded under this section as an order of court may be enforced in the same manner as a judgment given or an order made by a court. (6) For the purposes of this section — ( a ) where the subject matter of the dispute to which a mediated settlement agreement relates is within the jurisdiction of a Family Justice Court, a reference to a mediated settlement agreement is a reference to a mediated settlement agreement falling within one or more of the classes of mediated settlement agreements prescribed in the Family Justice Rules made under section 14 that may be recorded as orders of that court; and ( b ) where the subject matter of the dispute to which a mediated settlement agreement relates is within the jurisdiction of a State Court, a Family Justice Court or the General Division of the High Court, a reference to a court is a reference to a State Court, a Family Justice Court or the General Division of the High Court, respectively. [40/2019]


document_id: ma-2017
provision_ref: s13
section: 13
title: Rules of Court
content:
13. —(1) The Rules Committee constituted under section 80(3) of the Supreme Court of Judicature Act 1969 may make Rules of Court regulating the practice and procedure of the Court of Appeal, the Appellate and General Divisions of the High Court and the State Courts in respect of any matter under this Act. [40/2019] (2) All Rules of Court made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: ma-2017
provision_ref: s14
section: 14
title: Family Justice Rules
content:
14. —(1) The Family Justice Rules Committee constituted under section 46(1) of the Family Justice Act 2014 may make Family Justice Rules — ( a ) prescribing the classes of mediated settlement agreements that may be recorded as orders of the Family Justice Courts under section 12; and ( b ) regulating the practice and procedure of the Family Justice Courts in respect of any matter under this Act. (2) All Family Justice Rules made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: ma-2017
provision_ref: s15
section: 15
title: Rules
content:
15. —(1) The Minister may make rules prescribing matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) The power conferred by subsection (1) does not extend to any matter for which Rules of Court or Family Justice Rules mentioned in section 13 or 14 (as the case may be) may be made.


document_id: ma-2017
provision_ref: s16
section: 16
title: Transitional provisions
content:
16. —(1) Except as provided in subsection (2), this Act does not apply to, or in relation to, any mediation which commences before 1 November 2017. (2) This Act or any provision of this Act may apply to, or in relation to, a mediation which commences before 1 November 2017 if — ( a ) that mediation is not completed or terminated, and no mediated settlement agreement is made, as at that date; and ( b ) all the parties to that mediation agree that this Act or the provision is to apply to, or in relation to, that mediation. (3) For the purposes of subsections (1) and (2), a mediation to resolve the whole or part of a dispute commences on the day when all the parties agree to refer any part of that dispute for mediation. [19


document_id: macma-2000
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. —(1) In this Act — “ancillary criminal matter” means — ( a ) the restraining of dealing with, or the seizure, forfeiture or confiscation of, property in connection with a Singapore offence or foreign offence, as the case may be; or ( b ) the obtaining, enforcement or satisfaction of a Singapore confiscation order or foreign confiscation order, as the case may be; “appropriate authority”, in relation to a foreign country, means a person or authority whom the Attorney‑General is satisfied is authorised under the law of that country — ( a ) in the case of a request by that country to Singapore for assistance in a criminal matter, to make the request; or ( b ) in the case of a request by Singapore to that country for assistance in a criminal matter, to receive the request; “authorised officer” means — ( a ) the Director, a Deputy Director, a Divisional Director or any other officer, of the Central Narcotics Bureau, appointed under section 3(1) of the Misuse of Drugs Act 1973; ( b ) any special investigator of the Corrupt Practices Investigation Bureau appointed under section 3(2) of the Prevention of Corruption Act 1960; ( c ) any Commercial Affairs Officer appointed under section 64 of the Police Force Act 2004; ( d ) any police officer; or ( e ) any other person or class of persons appointed by the Minister as an authorised officer or authorised officers for the purposes of this Act; “competent authority”, in relation to a foreign confiscation order, means an authority of a foreign country that is competent under the laws of that foreign country to make the foreign confiscation order; [Act 42 of 2024 wef 28/03/2025] “corresponding drug law”, in relation to a foreign country, means a law of the foreign country providing for the control or regulation, in that country or the part of that country in which the law is in force, of — ( a ) the production, supply, use, export and import of drugs and other substances in accordance with the provisions of the Single Convention on Narcotic Drugs signed at New York on 30 March 1961; ( b ) the production, supply, use, export and import of dangerous or otherwise harmful drugs pursuant to any treaty, convention or other agreement or arrangement to which the Government and the government of that country are for the time being parties; or ( c ) the benefits of trafficking in the drugs or substances referred to in paragraph ( a ) or ( b ); “criminal investigation” means an investigation — ( a ) into a Singapore offence or foreign offence, as the case may be; or ( b ) for the purposes of an ancillary criminal matter; “criminal matter” means — ( a ) a criminal investigation; ( b ) criminal proceedings; or ( c ) an ancillary criminal matter; “criminal proceedings” means a trial of a person for a Singapore offence or foreign offence (as the case may be) and includes any proceeding to determine whether a particular person should be tried for the offence; “dealing”, in relation to property, includes — ( a ) receiving or acquiring the property; ( b ) concealing or disguising the property (whether by concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it or otherwise); ( c ) disposing of or converting the property; ( d ) bringing the property into or removing the property from Singapore; ( e ) using the property to borrow money, or as security (whether by way of charge, mortgage or pledge or otherwise); and ( f ) where a debt is owed to the person holding the property, making a payment to any person in reduction of the amount of the debt; “defendant” means a person against whom, or in relation to whose property, a foreign confiscation order is or may be made; [Act 42 of 2024 wef 28/03/2025] “drug dealing offence” means — ( a ) any offence (being an offence against the law of Singapore) specified in the First Schedule; ( b ) conspiracy to commit any such offence; ( c ) inciting another to commit any such offence; ( d ) attempting to commit any such offence; or ( e ) aiding, abetting, counselling or procuring the commission of any such offence; “financial institution” has the meaning given by section 2 of the Financial Services and Markets Act 2022; [Act 18 of 2022 wef 28/04/2023] “foreign confiscation order” — ( a ) means an order made by a court or other competent authority of a foreign country, on or after the appointed date for that country, for the recovery, forfeiture or confiscation of — (i) any property obtained or received in connection with an offence against the law of that country, or the value of that property; or (ii) any property derived or realised, directly or indirectly, from any property mentioned in sub‑paragraph (i), or the value of the derived or realised property; and ( b ) includes an instrumentality forfeiture order; [Act 42 of 2024 wef 28/03/2025] “foreign country” means any country, or territory, other than Singapore; “foreign law immunity certificate” means a certificate given, or a declaration made, by a foreign country or under the law of a foreign country, certifying or declaring that, under the law of that country, persons generally or a specified person could or could not, either generally or in specified proceedings and either generally or in specified circumstances, be required — ( a ) to answer a specified question; or ( b ) to produce a specified thing; “foreign offence” means any offence against the law of a foreign country; “foreign tax evasion offence” means an offence against the national law of a foreign country that consists of the doing of any of the following (however described) wilfully with intent to evade, or to assist any other person to evade, any tax of that country: ( a ) omitting from, or understating or overstating in, a return made for the purposes of that tax any information which should be included in the return; ( b ) making any false statement or entry in any return, claim or application made, or any document or information required to be given, for the purposes of that tax; ( c ) giving any false answer, whether verbally or in writing, to any question or request for information asked or made for the purposes of that tax; ( d ) failing to inform the authority responsible for the collection of that tax, in the required manner, of any incorrect information appearing in any assessment made by that authority, when required to do so; ( e ) preparing or maintaining, or authorising the preparation or maintenance, of any false books of account or other records, or falsifying or authorising the falsification of any books of account or records; ( f ) making use of any fraud, art or contrivance, or authorising the use of any such fraud, art or contrivance; “instrumentality forfeiture order” means an order made by a court or other competent authority of a foreign country, on or after the appointed date for that country, for the forfeiture, and the destruction or other disposal, of — ( a ) any drug or other substance in respect of which an offence against the corresponding drug law of that country has been committed or was intended to be committed; or [Act 42 of 2024 wef 28/03/2025] ( b ) any property which was used or was intended to be used in connection with the commission of any offence against the law of that country; [Act 42 of 2024 wef 28/03/2025] “material” includes any book, document or other record in whatever form, and any container or article relating thereto; “Monetary Authority of Singapore” means the Monetary Authority of Singapore established under section 3 of the Monetary Authority of Singapore Act 1970; “premises” includes — ( a ) a structure (whether or not movable or offshore), building, tent, vehicle, vessel, hovercraft or aircraft; ( b ) a place (whether or not enclosed or built upon); and ( c ) a part of premises (including premises of a kind referred to in paragraph ( a ) or ( b )); “prescribed foreign country” means a foreign country declared by the Minister, by an order made under section 17(1), as a prescribed foreign country; “process” means any summons, warrant, order or other document in respect of a criminal matter that is issued — ( a ) out of any court of Singapore or by any Judge, District Judge, Magistrate, the Registrar or Deputy Registrar or an Assistant Registrar of the Supreme Court, or the Registrar or a Deputy Registrar of the State Courts; or ( b ) out of any court of a foreign country or by any judge, magistrate or officer of such a court, as the case may be; “property” means money or any movable or immovable property, including things in action and other intangible or incorporeal property; [Act 42 of 2024 wef 28/03/2025] “serious offence” means — ( a ) any offence (being an offence against the law of Singapore other than a drug dealing offence) that — (i) is specified in the Second Schedule; or (ii) is punishable with imprisonment for a term which may extend to 4 years or more; ( b ) conspiracy to commit any such offence; ( c ) inciting another to commit any such offence; ( d ) attempting to commit any such offence; or ( e ) aiding, abetting, counselling or procuring the commission of any such offence; “Singapore confiscation order” means — ( a ) a confiscation order made under section 6 or 7 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992; ( b ) a substitute property confiscation order made under section 34 of that Act; or ( c ) a confiscation order within the meaning of Part 9 of the Organised Crime Act 2015; “Singapore offence” means — ( a ) a drug dealing offence; or ( b ) a serious offence; “thing” includes material; “VCC” means a VCC or variable capital company as defined in section 2(1) of the Variable Capital Companies Act 2018. [24/2004; 8/2006; 5/2014; 23/2014; 26/2015; 44/2018] [Act 42 of 2024 wef 28/03/2025] (2) For the purposes of this Act — ( a ) a reference to a foreign country includes a reference to — (i) a territory of that country, other than a territory that is itself a prescribed foreign country; and (ii) a ship or aircraft of, or registered in, that country; and ( b ) a reference to the law of a foreign country includes a reference to the law in force in any part of that country. (3) In the definitions of “Singapore confiscation order” and “foreign confiscation order”, a reference to an order includes an order, decree, direction or judgment, or any part thereof, however described. (4) In the definitions of “foreign confiscation order” and “instrumentality forfeiture order”, a reference to the appointed date for a foreign country is a reference to — ( a ) in the case of a prescribed foreign country that was declared as such before 1 April 2006, the date the order under section 17(1) making such declaration came into force; or ( b ) in any other case, 1 April 2006. [8/2006] (5) For the purposes of this Act, judicial proceedings that are criminal proceedings, or proceedings before a competent authority, instituted in a prescribed foreign country, are concluded on the occurrence of any of the following events: ( a ) the discontinuance of the proceedings; ( b ) the satisfaction of a foreign confiscation order made in the proceedings, by — (i) payment of the amount due under the order; (ii) a defendant serving imprisonment in default; (iii) the recovery of all property liable to be recovered; or (iv) any other manner; ( c ) if the proceedings involve a defendant — (i) when the defendant is acquitted and — (A) there is no right of appeal against the acquittal; or (B) all rights of appeal against the acquittal have expired or are exhausted; (ii) when the defendant’s conviction is quashed and — (A) there is no right of appeal against the quashing of the conviction; or (B) all rights of appeal against the quashing of the conviction have expired or are exhausted; (iii) when a pardon in respect of the defendant has been granted and — (A) there is no right of appeal against the grant of the pardon; or (B) all rights of appeal against 


document_id: macma-2000
provision_ref: s2A
chapter: PART 1 - PRELIMINARY
section: 2A
title: Meaning of “item subject to legal privilege”
content:
2A. —(1) For the purposes of this Act, an item is subject to legal privilege if — ( a ) it is a communication made between a lawyer and a client, or a legal counsel acting as such and his or her employer, in connection with the lawyer giving legal advice to the client or the legal counsel giving legal advice to the employer, as the case may be; ( b ) it is a communication made between 2 or more lawyers acting for a client, or 2 or more legal counsel acting as such for their employer, in connection with one or more of the lawyers giving legal advice to the client or one or more of the legal counsel giving legal advice to the employer, as the case may be; ( c ) it is a communication made — (i) between a client, or an employer of a legal counsel, and another person; (ii) between a lawyer acting for a client and either the client or another person; or (iii) between a legal counsel acting as such for his or her employer and either the employer or another person, in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or employer (as the case may be) is or may be, or was or might have been, a party; ( d ) it is an item, or a document (including its contents), that is enclosed with or referred to in any communication in paragraph ( a ) or ( b ) and that is made or prepared by any person in connection with a lawyer or legal counsel, or one or more of the lawyers or legal counsel, in either paragraph giving legal advice to the client or the employer of the legal counsel, as the case may be; or ( e ) it is an item, or a document (including its contents), that is enclosed with or referred to in any communication in paragraph ( c ) and that is made or prepared by any person in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or the employer of the legal counsel (as the case may be) is or may be, or was or might have been, a party, but it is not any such communication, item or document that is made, prepared or held with the intention of furthering a criminal purpose. [23/2014] (2) In this section — “client”, in relation to a lawyer, includes an agent of or other person representing a client and, if a client has died, a personal representative of the client; “employer”, in relation to a legal counsel, includes — ( a ) if the employer is one of a number of corporations that are related to each other under section 6 of the Companies Act 1967, every corporation so related as if the legal counsel is also employed by each of the related corporations; ( b ) if the employer is a public agency within the meaning of section 128A(6) of the Evidence Act 1893 and the legal counsel is required as part of his or her duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to any other public agency or agencies, the other public agency or agencies as if the legal counsel is also employed by the other public agency or each of the other public agencies; and ( c ) an employee or officer of the employer; “lawyer” means an advocate and solicitor, and includes an interpreter or other person who works under the supervision of an advocate and solicitor; “legal counsel” means a legal counsel as defined in section 3(7) of the Evidence Act 1893, and includes an interpreter or other person who works under the supervision of a legal counsel. [23/2014]


document_id: macma-2000
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Object of Act
content:
3. The object of this Act is to facilitate the provision and obtaining, by Singapore, of international assistance in criminal matters, including — ( a ) the provision and obtaining of evidence and things; ( b ) the making of arrangements for persons to give evidence or assist in criminal investigations; ( c ) the recovery, forfeiture or confiscation of property in respect of offences; ( d ) the restraining of dealings in property, or the freezing of assets, that may be recovered, forfeited or confiscated in respect of offences; ( e ) the execution of requests for search and seizure; ( f ) the location and identification of witnesses and suspects; and ( g ) the service of documents.


document_id: macma-2000
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Act not to limit cooperation with international organisations, etc.
content:
4. —(1) This Act does not prevent the provision or obtaining of international assistance in criminal matters to or from the International Criminal Police (Interpol) or any other international organisation. (2) This Act does not prevent the provision or obtaining of international assistance in criminal matters to or from any foreign country other than assistance of a kind that may be provided or obtained under this Act. (3) This Act does not prevent the provision of the following international assistance to a foreign country in relation to a person in Singapore, with the person’s consent: ( a ) the recording of the person’s statement by a law enforcement agency for the purposes of any criminal matter in the foreign country; ( b ) the transmission of the person’s statement to the appropriate authority of the foreign country by the Attorney‑General or a law enforcement agency. [Act 42 of 2024 wef 28/03/2025] (4) In subsection (3), a “law enforcement agency” means an authority or person charged with the duty of investigating offences or charging offenders under any written law. [Act 42 of 2024 wef 28/03/2025]


document_id: macma-2000
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Act not authority for extradition of person
content:
5. This Act does not authorise the extradition or rendition, or the arrest or detention with a view to the extradition or rendition, of any person.


document_id: macma-2000
provision_ref: s7
chapter: PART 2 - REQUESTS BY SINGAPORE
section: 7
title: Requests to be made by Attorney‑General
content:
7. A request by Singapore for assistance under this Part may be made only by the Attorney‑General. Division 2 &#x2014; Assistance in obtaining evidence


document_id: macma-2000
provision_ref: s8
chapter: PART 2 - REQUESTS BY SINGAPORE
section: 8
title: Requests for taking of evidence, etc.
content:
8. —(1) The Attorney‑General may request the appropriate authority of a foreign country to arrange for — ( a ) evidence to be taken in the foreign country; and ( b ) the evidence to be sent to the Attorney‑General, if the Attorney‑General is satisfied that there are reasonable grounds for believing that the evidence would be relevant to any criminal proceedings in Singapore. (2) The Attorney‑General may request the appropriate authority of a foreign country — ( a ) to assist in obtaining, by search and seizure if necessary, any thing in the foreign country or a photograph or copy of the thing; and ( b ) to arrange for the thing or the photograph or copy of the thing to be sent to the Attorney‑General, if the Attorney‑General is satisfied that there are reasonable grounds for believing that the thing would be relevant to a criminal matter in Singapore. (3) Any evidence, thing or photograph or copy of a thing received by the Attorney‑General pursuant to a request under subsection (1) or (2) may, subject to the provisions of the Criminal Procedure Code 2010 and the Evidence Act 1893, be admitted as evidence at any proceedings to which the request relates. [26/2015] (4) In estimating the weight (if any) to be attached to a statement contained in any thing received by the Attorney‑General pursuant to a request made under subsection (1) which has been admitted as evidence in any criminal proceedings to which the request relates, the court is to have regard to — ( a ) whether it was possible to challenge the statement by questioning the person who made it; and ( b ) whether the law of the foreign country concerned allowed the parties to the criminal proceedings to be legally represented when the evidence was being taken. Division 3 &#x2014; Assistance in arranging attendance of
person in Singapore


document_id: macma-2000
provision_ref: s9
chapter: PART 2 - REQUESTS BY SINGAPORE
section: 9
title: Requests for attendance of person in Singapore
content:
9. —(1) Where the Attorney‑General is satisfied that — ( a ) there are reasonable grounds to believe that a person in a foreign country is capable of giving evidence or assistance relevant to a criminal matter involving a Singapore offence; and ( b ) that person consents to travel to Singapore for the purpose of giving that evidence or assistance, the Attorney‑General may request the appropriate authority of the foreign country to assist in arranging for the attendance of the person in Singapore for the purpose of giving that evidence or assistance. (2) The Attorney‑General may make arrangements with the appropriate authority of the foreign country for the purposes of — ( a ) the removal of the person to Singapore; ( b ) the return of the person to the foreign country; and ( c ) other relevant matters.


document_id: macma-2000
provision_ref: s10
chapter: PART 2 - REQUESTS BY SINGAPORE
section: 10
title: Penalty not to be imposed for refusal to consent
content:
10. Where, under section 9, the Attorney‑General requests the assistance of the appropriate authority of a foreign country in arranging the attendance, in Singapore, of any person, the person to whom the request relates shall not be subject to any penalty or liability or otherwise prejudiced in law by reason only of that person’s refusal or failure to consent to attend as requested.


document_id: macma-2000
provision_ref: s11
chapter: PART 2 - REQUESTS BY SINGAPORE
section: 11
title: Immunities and privileges
content:
11. —(1) A person who is in Singapore pursuant to a request made under section 9 must not — ( a ) be detained, prosecuted or punished in Singapore for any offence that is alleged to have been committed, or that was committed, before the person’s departure from the foreign country concerned pursuant to the request; ( b ) be subjected to any civil suit in respect of any act or omission that is alleged to have occurred, or that had occurred, before the person’s departure from the foreign country pursuant to the request, being a civil suit to which the person could not be subjected if that person were not in Singapore; or ( c ) be required to give evidence or assistance in relation to any criminal matter in Singapore other than the criminal matter to which the request relates. (2) Subsection (1) ceases to apply if — ( a ) the person has left Singapore; or ( b ) the person has had the opportunity of leaving Singapore and has remained in Singapore otherwise than for — (i) the purpose to which the request relates; or (ii) the purpose of giving evidence or assistance in a criminal matter in Singapore certified by the Attorney‑General, in writing, to be a criminal matter in which it is desirable that the person gives evidence or assistance. (3) A certificate given by the Attorney‑General under subsection (2)( b )(ii) has effect from the day specified in the certificate, which may be a day before the day on which the certificate is given.


document_id: macma-2000
provision_ref: s12
chapter: PART 2 - REQUESTS BY SINGAPORE
section: 12
title: Limitation on use of statement
content:
12. Where — ( a ) a person is in Singapore pursuant to a request made under section 9; and ( b ) the person has made a statement in relation to the criminal matter to which the request relates or in relation to a criminal matter certified by the Attorney‑General under section 11(2)( b )(ii), that statement — ( c ) must not be admitted or otherwise used in any prosecution of the person for an offence against the law of Singapore (other than for the offence of perjury, or contempt of court, in relation to the giving of that evidence) unless the appropriate authority of the foreign country concerned consents to its being so used; but ( d ) may be admitted or used against him or her in any proceedings in Singapore — (i) for the purpose of impeaching his or her credibility; or (ii) as evidence of any fact stated in that statement, of which direct oral evidence by him or her would be admissible, if in giving evidence he or she makes a statement inconsistent with that statement. [26/2015] Division 4 &#x2014; Assistance in enforcing Singapore
confiscation orders


document_id: macma-2000
provision_ref: s13
chapter: PART 2 - REQUESTS BY SINGAPORE
section: 13
title: Requests for enforcement of Singapore confiscation order
content:
13. —(1) The Attorney‑General may request the appropriate authority of a foreign country to make arrangements — ( a ) for the enforcement and satisfaction of a Singapore confiscation order; or ( b ) where a Singapore confiscation order may be made in any proceedings which have been or are to be instituted in Singapore, to restrain dealing in any property against which the order may be enforced or which may be available to satisfy the order, if the Attorney‑General is satisfied that there are reasonable grounds for believing that some or all of the property concerned is located in that country. [26/2015] (2) Where — ( a ) the Singapore confiscation order requires the payment of a specified amount; and ( b ) property is recovered in a foreign country pursuant to a request under subsection (1), that specified amount must be reduced by the value of property so recovered. (3) A certificate purporting to be issued by or on behalf of the appropriate authority of a foreign country stating — ( a ) that property has been recovered in the foreign country pursuant to a request under subsection (1); or ( b ) the value of the property or the date on which it was recovered, is, in any judicial proceedings, admissible as evidence of the matter so stated. (4) Where the value of property recovered is expressed in a currency other than that of Singapore, the extent to which the amount payable under the Singapore confiscation order is to be reduced under subsection (3) is calculated on the basis of the exchange rate prevailing on the date on which the property was recovered in the foreign country concerned. (5) For the purposes of subsection (4), a certificate purporting to be issued by the Monetary Authority of Singapore and stating the exchange rate prevailing on a specified date is admissible in any judicial proceedings as evidence of the matter so stated. Division 5 &#x2014; Assistance in locating or identifying persons


document_id: macma-2000
provision_ref: s14
chapter: PART 2 - REQUESTS BY SINGAPORE
section: 14
title: Assistance in locating or identifying persons
content:
14. Where the Attorney‑General is satisfied that there are reasonable grounds for believing that there is, in any foreign country, a person who — ( a ) is or might be concerned in or affected by; or ( b ) could give or provide evidence or assistance relevant to, any criminal matter in Singapore, the Attorney‑General may request that country to assist in locating or, if the person’s identity is unknown, in identifying and locating that person. Division 6 &#x2014; Assistance in service of process


document_id: macma-2000
provision_ref: s15
chapter: PART 2 - REQUESTS BY SINGAPORE
section: 15
title: Assistance in service of process
content:
15. The Attorney‑General may request the appropriate authority of a foreign country to assist in effecting service of any process where the Attorney‑General is satisfied that, for the purposes of, or in connection with, any criminal matter in Singapore, it is necessary or desirable to serve that process on a person or authority in that country.


document_id: macma-2000
provision_ref: s16
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 16
title: Application of this Part
content:
16. —(1) Subject to the provisions of this Part — ( a ) assistance under sections 21 and 27(1) and Divisions 7 and 8 may be provided to any foreign country; and ( b ) assistance under section 27(2) and Divisions 2 (other than section 21), 3, 5 and 6 may only be provided to any prescribed foreign country. [8/2006] (2) Despite subsection (1)( b ) but subject to this Part, any assistance mentioned in subsection (1)( b ) may be provided to — ( a ) a foreign country that is not a prescribed foreign country; or ( b ) a prescribed foreign country in relation to a criminal matter involving a foreign offence that is not within the scope of the order made under section 17(1) (read with section 17(2) and (3)) for that country, if the appropriate authority of that country has given an undertaking to the Attorney‑General that that country will comply with a future request by Singapore to that country for similar assistance in a criminal matter involving an offence that corresponds to the foreign offence for which assistance is sought. [Act 42 of 2024 wef 28/03/2025] (3) The foreign country mentioned in subsection (2)( a ) is deemed a prescribed foreign country for the purposes of the relevant provisions of this Part and (if applicable) the Third Schedule. [8/2006; 23/2014] [Act 42 of 2024 wef 28/03/2025]


document_id: macma-2000
provision_ref: s17
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 17
title: Prescribed foreign countries
content:
17. —(1) The Minister may, for the purposes of this Part, by order declare a foreign country as a prescribed foreign country if there is in force a treaty, memorandum of understanding or other agreement between Singapore and that country under which that country has agreed to provide assistance in criminal matters to Singapore. (2) An order under subsection (1) may provide that the provisions of this Part apply to the foreign country subject to the conditions, exceptions or qualifications specified in the order, and in that event the provisions of this Part apply accordingly. (3) The Minister may by a subsequent order vary or revoke any order previously made under this section.


document_id: macma-2000
provision_ref: s18
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 18
title: Assistance may be subject to conditions
content:
18. Assistance under this Part may be provided to a foreign country subject to such conditions as the Attorney‑General determines in any particular case or class of cases.


document_id: macma-2000
provision_ref: s19
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 19
title: Requests to be made to Attorney‑General
content:
19. —(1) Every request by a foreign country to Singapore for assistance under this Part must be made to the Attorney‑General. (2) Every request must — ( a ) specify the purpose of the request and the nature of the assistance being sought; ( b ) identify the person or authority that initiated the request; and ( c ) be accompanied by — (i) a certificate from the appropriate authority of that country that the request is made in respect of a criminal matter within the meaning of this Act; (ii) a description of the nature of the criminal matter and a statement setting out a summary of the relevant facts and laws; (iii) where the request relates to — (A) the location of a person who is suspected to be involved in or to have benefited from the commission of an offence; or (B) the tracing of property that is suspected to be connected with an offence, the name, identity, nationality, location or description of that person, or the location and description of the property (if known) and a statement setting forth the basis for suspecting the matter referred to in sub‑paragraph (A) or (B); (iv) a description of the offence to which the criminal matter relates, including its maximum penalty; (v) details of the procedure that that country wishes to be followed by Singapore in giving effect to the request, including details of the manner and form in which any information or thing is to be supplied to that country pursuant to the request; (vi) where the request is for assistance relating to an ancillary criminal matter and judicial proceedings, or proceedings before a competent authority, to obtain a foreign confiscation order have not been instituted in that country, a statement indicating when they are likely to be instituted; [Act 42 of 2024 wef 28/03/2025] (vii) a statement setting out the wishes of that country concerning the confidentiality of the request and the reason for those wishes; (viii) details of the period within which that country wishes the request to be met; (ix) if the request involves a person travelling from Singapore to that country, details of allowances to which the person will be entitled, and of the arrangements for accommodation for the person while he or she is in that country pursuant to the request; (x) any other information required to be included with the request under any treaty, memorandum of understanding or other agreement between Singapore and that country; and (xi) any other information that may assist in giving effect to the request or which is required under the provisions of this Act.


document_id: macma-2000
provision_ref: s20
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 20
title: Refusal of assistance
content:
20. —(1) A request by a foreign country for assistance under this Part must be refused by the Attorney‑General if, in the opinion of the Attorney‑General — ( a ) the appropriate authority of that country has, in respect of that request, failed to comply with the terms of any treaty, memorandum of understanding or other agreement between Singapore and that country; ( b ) the request relates to the investigation, prosecution or punishment of a person for an offence that is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character; ( c ) the request relates to the investigation, prosecution or punishment of a person in respect of an act or omission that, if it had occurred in Singapore, would have constituted an offence under the military law applicable in Singapore but not also under the ordinary criminal law of Singapore; ( d ) there are substantial grounds for believing that the request was made for the purpose of investigating, prosecuting, punishing or otherwise causing prejudice to a person on account of the person’s race, religion, sex, ethnic origin, nationality or political opinions; ( e ) the request relates to the investigation, prosecution or punishment of a person for an offence in a case where the person — (i) has been convicted, acquitted or pardoned by a court or other competent authority of that country, and all rights of appeal against the conviction, acquittal or pardon have expired or are exhausted; or [Act 42 of 2024 wef 28/03/2025] (ii) has undergone the punishment provided by the law of that country, in respect of that offence or of another offence constituted by the same act or omission as the firstmentioned offence; ( f ) the offence to which the request relates is not an offence of sufficient gravity; ( g ) the thing requested for is of insufficient importance to the investigation or could reasonably be obtained by other means; ( h ) it is contrary to public interest to provide the assistance; or [Act 42 of 2024 wef 28/03/2025] ( i ) [ Deleted by Act 42 of 2024 wef 28/03/2025 ] ( j ) [ Deleted by Act 42 of 2024 wef 28/03/2025 ] ( k ) the provision of the assistance could prejudice a criminal matter in Singapore. [23/2014] [Act 42 of 2024 wef 28/03/2025] (2) A request by a foreign country for assistance under this Part may be refused by the Attorney‑General — ( a ) pursuant to the terms of any treaty, memorandum of understanding or other agreement between Singapore and that country; ( b ) if, in the opinion of the Attorney‑General, the provision of the assistance would, or would be likely to, prejudice the safety of any person (whether in Singapore or elsewhere); ( c ) if, in the opinion of the Attorney‑General, the provision of the assistance would impose an excessive burden on the resources of Singapore; or ( d ) if, in the case of any assistance under sections 21 and 27(1) and Divisions 7 and 8, that country is not declared as a prescribed foreign country under section 17 and the appropriate authority of that country fails to give an undertaking to the Attorney‑General that that country will comply with a future request by Singapore to that country for similar assistance in a criminal matter involving an offence that corresponds to the foreign offence for which assistance is sought. [8/2006] (2A) A request by a foreign country for assistance to obtain any thing under section 22 or 23 or Division 6 must be refused by the Attorney‑General if the appropriate authority of that country — ( a ) fails to undertake that the thing will not be used for a matter other than the criminal matter in respect of which the request was made, except with the consent of the Attorney‑General; or ( b ) fails to undertake to do any of the following, upon conclusion of the criminal matter in respect of which the request was made, if the Attorney‑General so requests: (i) return the thing to the Attorney‑General; (ii) dispose of the thing; (iii) otherwise handle the thing in accordance with the Attorney‑General’s request. [Act 42 of 2024 wef 28/03/2025] (3) Subject to subsections (4) and (5), a request by a foreign country for assistance under Division 2, 5 or 6 must be refused if, in the opinion of the Attorney‑General, the request relates to the investigation, prosecution or punishment of a person in respect of any conduct which, if it had occurred in Singapore, would not have constituted a Singapore offence. [23/2014] (4) Subsection (3) does not apply to a request by a foreign country for assistance under Division 2 if the request relates to the investigation, prosecution or punishment of a person in respect of a foreign tax evasion offence of that country. [23/2014] (5) Subsection (3) does not apply to a request by a foreign country for assistance under Division 5 or 6 if — ( a ) the request relates to the investigation, prosecution or punishment of a person in respect of a foreign tax evasion offence of that country; and ( b ) the Attorney‑General is satisfied that an arrangement having effect under section 49 or 105BA of the Income Tax Act 1947, or an international tax compliance agreement as defined in section 105I of that Act, has been made with the government of that foreign country. [23/2014] Division 2 &#x2014; Assistance in obtaining evidence


document_id: macma-2000
provision_ref: s21
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 21
title: Taking of evidence for criminal proceedings
content:
21. —(1) Where the appropriate authority of a foreign country makes a request that evidence be taken in Singapore for the purposes of any criminal proceedings pending in a court in the foreign country, the Attorney‑General may, by written notice, authorise a Magistrate to take the evidence. [Act 42 of 2024 wef 28/03/2025] (2) Subject to any conditions that the Attorney‑General may specify in the written notice made under subsection (1), upon receipt of that notice, the Magistrate is to — ( a ) take the evidence of each witness appearing before the Magistrate to give evidence in relation to the criminal matter as if the witness were giving evidence on a charge against a person for an offence against the law of Singapore; ( b ) cause the evidence to be reduced in writing and certify at the end of that writing that the evidence was taken by the Magistrate; and ( c ) cause the writing, so certified, to be sent to the Attorney‑General. [Act 42 of 2024 wef 28/03/2025] (3) The proceedings may be conducted in the presence or absence of the person to whom the criminal proceedings in the foreign country relates or of the person’s legal representative, if any. (4) The certificate referred to in subsection (2) must state whether the person to whom the criminal proceedings in the foreign country relates or the person’s legal representative (if any) was present at the proceedings. (5) The laws for the time being in force with respect to the compelling of persons to attend before a Magistrate, and to give evidence, answer questions and produce documents, upon the hearing of a charge against a person for an offence against the law of Singapore apply, so far as they are capable of application, with respect to the compelling of persons to attend before a Magistrate, and to give evidence, answer questions and produce documents, for the purposes of this section. (6) For the purposes of this section, the person to whom the criminal proceedings in the foreign country relates is competent, but not compellable, to give evidence. (7) A person who is required under this section to give evidence for the purposes of any criminal proceedings in a foreign country must not be required to answer any question that the person could not be compelled to answer in those proceedings in that country. (8) A duly certified foreign law immunity certificate is admissible in proceedings under this section as prima facie evidence of the matters stated in the certificate. (8A) The Attorney‑General may transmit the certified evidence referred to in subsection (2) to the appropriate authority that requested that evidence. [Act 42 of 2024 wef 28/03/2025] (9) Evidence taken under this section is not admissible in evidence, and must not be otherwise used, for the purposes of any judicial proceedings, disciplinary proceedings, or other proceedings, in Singapore except a prosecution of the person who gave that evidence for the offence of perjury, or contempt of court, in respect of that evidence.


document_id: macma-2000
provision_ref: s21A
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 21A
title: Taking statements for criminal investigations
content:
21A. —(1) Where the appropriate authority of a foreign country makes a request that a statement be taken from a person (specified in the request) in Singapore for the purposes of any criminal investigation in the foreign country, the Attorney‑General may, by written notice, direct an authorised officer to take the statement from the person. (2) Subject to any conditions that the Attorney‑General may specify in the written notice made under subsection (1), upon receipt of the written notice, the authorised officer must do all of the following: ( a ) require the person to attend before the authorised officer; ( b ) examine orally the person; ( c ) record the statement made by the person — (i) in writing; or (ii) in the form of an audiovisual recording; ( d ) if the statement is recorded in writing and — (i) if the person understands English — read over the statement to the person; or (ii) if the person does not understand English — ensure that the statement is interpreted for the person in a language that the person understands; ( e ) require the person to sign the statement, if it is in writing; ( f ) send the statement to the Attorney‑General. (3) If the person fails to attend as required under subsection (2)( a ), the authorised officer may report the matter to a Magistrate who may then issue a warrant ordering the person to attend before the authorised officer. (4) The Attorney‑General may transmit a statement mentioned in subsection (2)( f ) to the appropriate authority that requested that statement. (5) A statement taken under this section is not admissible in evidence, and must not be otherwise used, for the purposes of any judicial proceedings, disciplinary proceedings, or other proceedings, in Singapore. [Act 42 of 2024 wef 28/03/2025]


document_id: macma-2000
provision_ref: s22
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 22
title: Production orders for criminal matters
content:
22. —(1) Where a request is made by the appropriate authority of a prescribed foreign country that any particular thing or description of thing in Singapore be produced for the purposes of any criminal matter in that country, the Attorney‑General or a person duly appointed by the Attorney‑General may apply to the court for an order under subsection (3). (2) An application for an order under subsection (3) in relation to any thing in the possession of a financial institution or VCC must be made only to the General Division of the High Court. [44/2018; 40/2019] (3) If, on such an application, the court is satisfied that the conditions in subsection (4) are fulfilled, it may make an order that the person who appears to the court to be in possession of the thing to which the application relates must — ( a ) produce the thing to an authorised officer for the authorised officer to take away; or ( b ) give an authorised officer access to the thing, within 7 days of the date of the order or any other period that the court considers appropriate. (4) The conditions mentioned in subsection (3) are — ( a ) that there are reasonable grounds for suspecting that a specified person has carried on or benefited from a foreign offence; ( b ) that there are reasonable grounds for believing that the thing to which the application relates — (i) is likely to be of substantial value (whether by itself or together with another thing) to the criminal matter in respect of which the application was made; and (ii) does not consist of or include items subject to legal privilege; and ( c ) that the court is satisfied that it is not contrary to the public interest for the thing to be produced or that access to it be given. (5) The proceedings in which the order mentioned in subsection (3) is made are to be conducted in the absence of the person to whom the criminal proceedings in the foreign country relates or of the person’s legal representative (if any), unless the court orders otherwise. [Act 42 of 2024 wef 28/03/2025] (6) A person who is required by an order under this section to produce or make available any thing for the purposes of any criminal proceedings in a foreign country must not be required to produce any thing that the person could not be compelled to produce in the proceedings in that country. (7) A duly certified foreign law immunity certificate is admissible in proceedings under this section as prima facie evidence of the matters stated in the certificate. (8) If the court hears oral arguments for any proceedings under subsection (3), those proceedings must be heard in private. [Act 25 of 2021 wef 01/04/2022] [Act 42 of 2024 wef 28/03/2025]


document_id: macma-2000
provision_ref: s23
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 23
title: Supplementary provisions regarding production orders
content:
23. —(1) Where a court orders a person under section 22 to give an authorised officer access to any thing on any premises, it may, on the same or a subsequent application of an authorised officer, order any person who appears to the authorised officer to be entitled to grant entry to the premises to allow an authorised officer to enter the premises to obtain access to the thing. (2) Where any material to which an order under section 22 relates consists of information contained in or accessible by means of any data equipment — ( a ) an order under section 22(3)( a ) has effect as an order to produce the material in a form which can be taken away and which is visible and legible; and ( b ) an order under section 22(3)( b ) has effect as an order to give access to the material in a form which is visible and legible. (3) A person is not excused from producing or making available any thing by an order under section 22 on the ground that — ( a ) the production or making available of the thing might tend to incriminate the person or make the person liable to a penalty; or ( b ) the production or making available of the thing would be in breach of an obligation (whether imposed by law or otherwise) of the person not to disclose the existence of the contents of the thing. (4) An order under section 22 — ( a ) does not confer any right to the production of, or of access to, items subject to legal privilege; and ( b ) has effect despite any obligations as to secrecy or other restrictions upon the disclosure of information imposed by statute or otherwise. (5) An authorised officer may photograph or make copies of any thing produced or to which access is granted pursuant to an order made under section 22. (6) Where an authorised officer takes possession of any thing under an order made under section 22 or takes any photograph or makes any copy of the thing under subsection (5), the officer may retain the thing, photograph or copy for up to one month pending a written direction from the Attorney‑General as to the manner in which the thing, photograph or copy is to be dealt with (which may include a direction that the thing, photograph or copy be sent to the appropriate authority of the foreign country concerned). (7) Rules of Court may provide for — ( a ) the discharge and variation of orders under section 22; and ( b ) proceedings relating to those orders. (8) In this section, “data equipment” means any equipment which — ( a ) automatically processes information; ( b ) automatically records or stores information; ( c ) can be used to cause information to be automatically recorded, stored or otherwise processed on other equipment (wherever situated); or ( d ) can be used to retrieve information whether the information is recorded or stored in the equipment itself or in other equipment (wherever situated).


document_id: macma-2000
provision_ref: s24
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 24
title: Immunities
content:
24. —(1) No civil or criminal action, other than a criminal action for an offence under section 25, shall lie against any person for — ( a ) producing or giving access to any thing if the person had produced or given access to the thing in good faith in compliance with an order made against the person under section 22; or ( b ) doing or omitting to do any act if the person had done or omitted to do the act in good faith and as a result of complying with such an order. (2) Any person who complies with an order made under section 22 is not to be treated as being in breach of any restriction upon the disclosure of information or thing imposed by law, contract or rules of professional conduct.


document_id: macma-2000
provision_ref: s25
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 25
title: Failure to comply with production order
content:
25. A person who — ( a ) without reasonable excuse contravenes or fails to comply with an order under section 22; or ( b ) in purported compliance with that order, produces or makes available to an authorised officer any material known to the person to be false or misleading in a material particular without — (i) indicating to the authorised officer that the material is false or misleading and the part that is false or misleading; or (ii) providing correct information to the authorised officer if the person is in possession of, or can reasonably acquire, the correct information, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. Division 3 &#x2014; Assistance in arranging attendance of person in
foreign country


document_id: macma-2000
provision_ref: s26
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 26
title: Requests for attendance of person in foreign country
content:
26. —(1) The appropriate authority of a prescribed foreign country may request the Attorney‑General to assist in arranging the attendance, in that country, of a person in Singapore for the purposes of giving or providing evidence or assistance in relation to a criminal matter in that country. (2) Where, on receipt of a request under subsection (1), the Attorney‑General is satisfied that — ( a ) the request relates to a criminal matter in the foreign country involving a foreign offence; ( b ) there are reasonable grounds to believe that the person concerned is capable of giving or providing evidence or assistance relevant to the criminal matter; ( c ) the person concerned has freely consented to attend as requested; ( d ) the person is not — (i) a prisoner within the meaning of section 2 of the Prisons Act 1933; or (ii) otherwise under detention in a prescribed institution; and ( e ) the appropriate authority has given adequate undertakings in respect of the matters mentioned in subsection (3), the Attorney‑General may assist in making arrangements for the travel of the person to the foreign country. (3) The matters in relation to which undertakings are to be given by the appropriate authority are — ( a ) that the person must not — (i) be detained, prosecuted or punished for any offence against the law of the foreign country that is alleged to have been committed, or that was committed, before the person’s departure from Singapore; (ii) be subjected to any civil suit in respect of any act or omission of the person that is alleged to have occurred, or that had occurred, before the person’s departure from Singapore, being a civil suit to which the person could not be subjected if that person were not in the foreign country; or (iii) be required to give evidence or assistance in relation to any criminal matter in the foreign country other than the criminal matter to which the request relates, unless — (iv) the person has left the foreign country; or (v) the person has had the opportunity of leaving the foreign country and has remained in the foreign country otherwise than for the purpose of giving or providing evidence or assistance in relation to the criminal matter to which the request relates; ( b ) that any evidence given by the person in the criminal proceedings to which the request relates (if any) will be inadmissible or otherwise disqualified from use in the prosecution of the person for an offence against the law of the foreign country, other than for the offence of perjury, or contempt of court, in relation to the giving of that evidence; ( c ) that the person will be returned to Singapore in accordance with arrangements agreed to by the Attorney‑General; and ( d ) any other matters that the Attorney‑General thinks appropriate. (4) Where, under this section, the appropriate authority of a foreign country requests the assistance of the Attorney‑General in arranging the attendance, in that country, of any person, the person to whom the request relates must not be subject to any penalty or liability or otherwise prejudiced in law by reason only of that person’s refusal or failure to consent to attend as requested. Division 4 &#x2014; Custody of persons in transit through Singapore


document_id: macma-2000
provision_ref: s27
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 27
title: Custody of persons in transit
content:
27. —(1) A person who is in custody in a foreign country and has consented to give evidence or assistance in relation to a criminal matter in another foreign country may be transported through Singapore, in the custody of another person, to that other foreign country, if the firstmentioned foreign country gives prior notice of this to the Attorney‑General. (2) Where one of the foreign countries is a prescribed foreign country, the person being transported through Singapore in custody may, if an aircraft, vessel or train by which the person is being transported lands or calls in Singapore, be kept in such custody in Singapore with such authorised officer as the Attorney‑General directs in writing until the person’s transportation is continued. (3) Where — ( a ) a person is being held in custody pursuant to a direction under subsection (2); and ( b ) the person’s transportation is not, in the opinion of the Attorney‑General, continued within a reasonable time, the Attorney‑General may direct that the person be transported in custody to the foreign country from which the person was first transported, and such direction is sufficient authority for that person’s removal from Singapore by any means that the Attorney‑General directs.


document_id: macma-2000
provision_ref: s28
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 28
title: Escape from custody
content:
28. —(1) Any person who, being a person held in custody pursuant to a direction under section 27(2), escapes from custody shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. (2) Any police officer may, without warrant, arrest a person if the police officer has reasonable grounds to believe that the person was a person mentioned in subsection (1). (3) A person who has been arrested must be returned to custody in accordance with the direction. Division 5 &#x2014; Enforcement of foreign confiscation order, etc.


document_id: macma-2000
provision_ref: s29
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 29
title: Requests for enforcement of foreign confiscation order
content:
29. —(1) The appropriate authority of a prescribed foreign country may request the Attorney‑General to assist in — ( a ) the enforcement and satisfaction of a foreign confiscation order, made in any judicial proceedings or proceedings before a competent authority instituted in that country, against property that is reasonably believed to be located in Singapore; or [Act 42 of 2024 wef 28/03/2025] ( b ) where a foreign confiscation order may be made in judicial proceedings or proceedings before a competent authority which have been or are to be instituted in that country, the restraining of dealing in any property that is reasonably believed to be located in Singapore and against which the order may be enforced or which may be available to satisfy the order. [Act 42 of 2024 wef 28/03/2025] (1A) A request mentioned in subsection (1)( a ) may specify that the property must not be realised in Singapore for the enforcement and satisfaction of the foreign confiscation order. [Act 42 of 2024 wef 28/03/2025] (2) On receipt of a request under subsection (1), the Attorney‑General may — ( a ) in the case of subsection (1)( a ) — act or authorise the taking of action under section 30 and the provisions of the Third Schedule; or ( b ) in the case of subsection (1)( b ) — act or authorise the taking of action under the provisions of the Third Schedule, and in that event the provisions of the Third Schedule apply accordingly. [23/2014] (3) For the purposes of this section and the provisions of the Third Schedule, judicial proceedings that are criminal proceedings are instituted in a prescribed foreign country when a person is produced and charged in court with a foreign offence. [23/2014]


document_id: macma-2000
provision_ref: s30
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 30
title: Registration of foreign confiscation order
content:
30. —(1) The Attorney‑General or a person authorised by the Attorney‑General may apply to the General Division of the High Court for the registration of a foreign confiscation order. [40/2019] (2) The General Division of the High Court may, on an application referred to in subsection (1), register the foreign confiscation order if it is satisfied — ( a ) that the order is in force and not subject to further appeal in the foreign country; ( b ) where a person affected by the order did not appear in the proceedings, that the person received notice of the proceedings in sufficient time to enable the person to defend them; and ( c ) that enforcing the order in Singapore would not be contrary to the interests of justice. [40/2019] (3) In subsection (2), “appeal” includes — ( a ) any proceedings by way of discharging or setting aside a judgment; and ( b ) an application for a new trial or a stay of execution. (4) The General Division of the High Court is to cancel the registration of a foreign confiscation order if it appears to the General Division of the High Court that the order has been satisfied by payment of the amount due under it or by the person against whom it was made serving imprisonment in default of payment or other means. [40/2019] (5) Where an amount of money (if any) payable or remaining to be paid under a foreign confiscation order registered in the General Division of the High Court under this section is expressed in a currency other than that of Singapore, the amount must, for the purpose of any action taken in relation to that order, be converted into the currency of Singapore on the basis of the exchange rate prevailing on the date of registration of the order. [40/2019] (6) For the purposes of subsection (5), a certificate issued by the Monetary Authority of Singapore and stating the exchange rate prevailing on a specified date is admissible in any judicial proceedings as evidence of the facts so stated.


document_id: macma-2000
provision_ref: s31
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 31
title: Proof of orders, etc., of prescribed foreign country
content:
31. —(1) For the purposes of sections 29 and 30 and the Third Schedule — ( a ) any order made or judgment given by a court or other competent authority of a prescribed foreign country — (i) purporting to bear the seal of that court or competent authority; or (ii) purporting to be signed by — (A) a person in his or her capacity as a judge, magistrate or officer of the court; or (B) an officer of the competent authority, is deemed without further proof to have been duly sealed, or signed by that person, as the case may be; and [Act 42 of 2024 wef 28/03/2025] ( b ) a document, duly authenticated, that purports to be a copy of any order made or judgment given by a court or other competent authority of a prescribed foreign country is deemed without further proof to be a true copy. [23/2014] [Act 42 of 2024 wef 28/03/2025] (2) A document is duly authenticated for the purposes of subsection (1)( b ) if it purports to be certified — ( a ) by a person in his or her capacity as a judge, magistrate or officer of the court of that country; ( b ) by an officer of the competent authority of that country; or ( c ) by or on behalf of the appropriate authority of that country. [Act 42 of 2024 wef 28/03/2025]


document_id: macma-2000
provision_ref: s32
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 32
title: Evidence in relation to proceedings and orders in prescribed foreign country
content:
32. —(1) For the purposes of sections 29 and 30 and the Third Schedule, a certificate purporting to be issued by or on behalf of the appropriate authority of a prescribed foreign country stating that — ( a ) judicial proceedings have been instituted and have not been concluded, or that judicial proceedings are to be instituted, in that country; ( aa ) proceedings before a competent authority have been instituted and have not been concluded, or that proceedings before a competent authority are to be instituted, in that country; [Act 42 of 2024 wef 28/03/2025] ( b ) a foreign confiscation order is in force and is not subject to appeal; ( c ) all or a certain amount of the sum payable under a foreign confiscation order remains unpaid in that country, or that other property recoverable under a foreign confiscation order remains unrecovered in that country; ( d ) a person has been notified of any judicial proceedings, or any proceedings before a competent authority, in accordance with the law of that country; or [Act 42 of 2024 wef 28/03/2025] ( e ) an order (however described) made by a court or other competent authority of that country has the purpose of — (i) recovering, forfeiting or confiscating — (A) any payment or other reward received in connection with an offence against the law of that country, or the value of any such payment or reward; or (B) any property derived or realised, directly or indirectly, from any payment or other reward mentioned in sub‑paragraph (A), or the value of any such property; or (ii) forfeiting, and destroying or otherwise disposing of — (A) any drug or other substance in respect of which an offence against the corresponding drug law of that country has been committed; or (B) any property which was used in connection with the commission of any offence against the law of that country, is, in any proceedings in a court, admissible as evidence of the facts so stated. [23/2014] [Act 42 of 2024 wef 28/03/2025] (2) In any such proceedings, a statement contained in a duly authenticated document, which purports to have been received in evidence or to be a copy of a document so received, or to set out or summarise evidence given in proceedings before a court or other competent authority of a prescribed foreign country, is admissible as evidence of any fact stated therein. [Act 42 of 2024 wef 28/03/2025] (3) A document is duly authenticated for the purposes of subsection (2) if it purports to be certified by any person in his or her capacity as a judge, magistrate or officer of the court in the prescribed foreign country, or by or on behalf of an appropriate authority of that country. (4) Nothing in this section prejudices the admissibility of any evidence, whether contained in any document or otherwise, which is admissible apart from this section. Division 6 &#x2014; Assistance in search and seizure


document_id: macma-2000
provision_ref: s33
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 33
title: Request for search and seizure
content:
33. —(1) The appropriate authority of a prescribed foreign country may request the Attorney‑General to assist in obtaining any thing by search or seizure. (2) Where, on receipt of a request under subsection (1), the Attorney‑General is satisfied that — ( a ) the request relates to a criminal matter in that country in respect of a foreign offence; and ( b ) there are reasonable grounds for believing that the thing to which the request relates is relevant to the criminal matter and is located in Singapore, the Attorney‑General, or an authorised officer directed by the Attorney‑General, may apply to the court for a warrant under section 34 in respect of specified premises. (3) An application for a warrant under section 34 in respect of any thing in the possession of a financial institution or VCC must be made to the General Division of the High Court. [44/2018; 40/2019] (4) An application for a warrant under section 34 in respect of any thing in the possession of a financial institution or VCC must not be made unless that thing can be particularised. [44/2018]


document_id: macma-2000
provision_ref: s34
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 34
title: Search warrants
content:
34. —(1) On an application under section 33, the court may issue a warrant authorising an authorised officer to enter and search the specified premises if the court is satisfied that — ( a ) an order made under section 22 in relation to any thing on the premises has not been complied with; or ( b ) the conditions in subsection (2) are fulfilled. (2) The conditions mentioned in subsection (1)( b ) are — ( a ) that there are reasonable grounds for suspecting that a specified person has carried on or has benefited from a foreign offence; ( b ) that there are reasonable grounds for believing that the thing to which the application relates — (i) is likely to be of substantial value (whether by itself or together with another thing) to the criminal matter in respect of which the application is made; and (ii) does not consist of or include items subject to legal privilege; and ( c ) that the court is satisfied that it is not contrary to the public interest for the warrant to be issued. [6/2006] (3) A warrant issued under this section is subject to any conditions that the court may specify in the warrant.


document_id: macma-2000
provision_ref: s35
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 35
title: Additional powers of person executing search warrant, etc.
content:
35. —(1) Where an authorised officer has entered premises in the execution of a warrant issued under section 34, he or she may seize and retain any thing that is specified in the warrant, other than items subject to legal privilege. (2) An authorised officer may photograph or make a copy of any thing seized under subsection (1). (3) Where an authorised officer seizes, photographs or makes a copy of any thing under a warrant, he or she may retain the thing, photograph or copy for up to one month pending a written direction from the Attorney‑General as to the manner in which the thing, photograph or copy is to be dealt with (which may include a direction that that thing, photograph or copy be sent to the appropriate authority of the foreign country concerned). (4) Any person who hinders or obstructs an authorised officer in the execution of a warrant issued under section 34 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: macma-2000
provision_ref: s36
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 36
title: Immunities
content:
36. —(1) No civil or criminal action shall lie against any person for — ( a ) producing or giving access to any thing if the person had produced or given access to the thing in good faith in compliance with a warrant issued under section 34; or ( b ) doing or omitting to do any act if the person had done or omitted to do the act in good faith and as a result of complying with such a warrant. (2) A person who complies with a warrant issued under section 34 is not to be treated as being in breach of any restriction upon the disclosure of information or thing imposed by law, contract or rules of professional conduct. Division 7 &#x2014; Assistance in locating or identifying persons


document_id: macma-2000
provision_ref: s37
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 37
title: Assistance in locating or identifying persons
content:
37. —(1) The appropriate authority of a foreign country may request the Attorney‑General to assist in locating, or identifying and locating, a person who is believed to be in Singapore. (2) Where, on the receipt of a request made under subsection (1), the Attorney‑General is satisfied that — ( a ) the request relates to a criminal matter in the foreign country; ( b ) there are reasonable grounds for believing that the person to whom the request relates — (i) is or might be concerned in, or could give or provide evidence or assistance relevant to, the criminal matter; and (ii) is in Singapore, the Attorney‑General may authorise, in writing, assistance in accordance with this section. (3) Where, in relation to a request made under subsection (1), the Attorney‑General authorises assistance in accordance with this section, the Attorney‑General must forward the request to the appropriate agency in Singapore. (4) The agency mentioned in subsection (3) must use its best endeavours to locate or identify and locate (as the case may be) the person to whom the request relates, and must advise the Attorney‑General of the outcome of those endeavours. (5) On receipt of such advice, the Attorney‑General must inform the appropriate authority of the result of the inquiries made pursuant to the request. Division 8 &#x2014; Assistance in service of process


document_id: macma-2000
provision_ref: s38
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 38
title: Assistance in service of process
content:
38. —(1) The appropriate authority of a foreign country may request the Attorney‑General to assist in effecting the service of process on a person in Singapore. (2) Where, on receipt of a request made under subsection (1), the Attorney‑General is satisfied — ( a ) that the request relates to a criminal matter in that country; ( b ) that there are reasonable grounds for believing that the person to be served is in Singapore; ( c ) that the country has provided sufficient details of the consequences of a failure to comply with such process; and ( d ) where the request relates to the service of a summons to appear as a witness in that country, that that country has given an adequate undertaking in respect of the matters specified in section 39, the Attorney‑General may authorise assistance in accordance with this section. (3) Where service is authorised under subsection (2), the Attorney‑General must direct an authorised officer or a process server of the Supreme Court to arrange service, and in such a case the authorised officer or process server must — ( a ) use his or her best endeavours to have the process served — (i) in accordance with procedures proposed in the request; or (ii) if those procedures would be unlawful or inappropriate in Singapore, or if no procedures are so proposed, in accordance with the Rules of Court; and ( b ) if the document — (i) is served — transmit to the Attorney‑General for transmission to the appropriate authority a certificate by the Registrar of the Supreme Court as to the service; or (ii) is not served — transmit to the Attorney‑General for transmission to the appropriate authority a statement by the Registrar of the Supreme Court of the reasons which prevented the service. (4) Rules of Court may provide for — ( a ) the documents and other information to accompany the service of process; and ( b ) the form of the certificate mentioned in subsection (3)( b )(i) and the statement mentioned in subsection (3)( b )(ii).


document_id: macma-2000
provision_ref: s39
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 39
title: Undertaking by foreign country
content:
39. Where, pursuant to a request under section 38, the appropriate authority of a foreign country requests the assistance of the Attorney‑General in effecting the service on any person of a summons to appear as a witness in that country, the Attorney‑General must, before authorising assistance in accordance with that section, obtain from the appropriate authority an undertaking that that person will not be subject to any penalty or liability or otherwise prejudiced in law by reason only of that person’s refusal or failure to accept or comply with the summons, despite any contrary statement in the summons.


document_id: macma-2000
provision_ref: s40
chapter: PART 3 - REQUESTS TO SINGAPORE
section: 40
title: Penalty not to be imposed for failure to comply with summons
content:
40. Where, pursuant to a request under section 38, the appropriate authority of a foreign country requests the assistance of the Attorney‑General in effecting the service on any person of a summons to appear as a witness in that country, that person must not be subject to any penalty or liability or otherwise prejudiced in law by reason only of that person’s refusal or failure to accept or comply with the summons, despite any contrary statement in the summons.


document_id: macma-2000
provision_ref: s41
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 41
title: Attorney‑General to give notice to Minister
content:
41. —(1) Unless the Minister otherwise directs, the Attorney‑General must cause a notice to be given to the Minister of every Singapore request and foreign request. (2) A notice under subsection (1) must — ( a ) in the case of a Singapore request — be given before the request is made; ( b ) in the case of a foreign request — be given as soon as reasonably practicable after receipt of the request and before the request is processed; and ( c ) be accompanied by — (i) a copy of the request; (ii) copies of all relevant documents; (iii) a summary of the material facts supporting the request; and (iv) any other matters and information that the Minister may require. (3) Upon receipt of a notice under subsection (1), the Minister may, if he or she thinks that — ( a ) the taking of any action in relation to a Singapore request or foreign request is in the interests of the sovereignty, security or public order of Singapore — instruct the Attorney‑General to take such action, and the Attorney‑General must, unless prohibited by any provision of this Act, comply with the instruction; or [Act 42 of 2024 wef 28/03/2025] ( b ) the taking of any action in relation to a Singapore request or foreign request is against the interests of the sovereignty, security or public order of Singapore — instruct the Attorney‑General not to take such action, and the Attorney‑General must, despite the provisions of this Act, comply with the instruction. (4) Where a foreign request has been complied with, the Attorney‑General must, if the Minister so requires, provide the Minister with particulars of any evidence, documents or other assistance provided pursuant to the request. (5) In this section — “foreign request” means a request from a foreign country to Singapore under Part 3 for assistance in a criminal matter; “Minister” includes a public officer authorised by the Minister for the purposes of this section; [Act 31 of 2022 wef 01/11/2022] “Singapore request” means a request by Singapore to a foreign country under Part 2 for assistance in a criminal matter.


document_id: macma-2000
provision_ref: s42
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 42
title: Authentication of documents
content:
42. —(1) Subject to sections 13, 31 and 32 and the rules of law relating to the admissibility of evidence, any document that is obtained, provided, or produced pursuant to a request made under this Act and that is duly authenticated is admissible in evidence in any criminal proceedings. (2) A document is duly authenticated for the purposes of subsection (1) if — ( a ) it purports to be signed or certified by a judge, magistrate, or official in or of a foreign country; and ( b ) either — (i) it is verified by the oath of a witness, or of an official of the government of that country; or (ii) it purports to be sealed with an official seal or public seal, or stamped with an official stamp, of that country, or of a Minister, a department or an official of the government, of that country. [Act 42 of 2024 wef 28/03/2025] (3) Nothing in this section prevents the proof of any matter, or the admission in evidence of any document, in accordance with any other provision of this Act or any other law of Singapore.


document_id: macma-2000
provision_ref: s44
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 44
title: Regulations
content:
44. —(1) The Minister may make any regulations that are necessary or expedient to give full effect to or for carrying out the provisions of this Act. (2) Without limiting subsection (1), regulations may be made — ( a ) to prescribe anything that is required or permitted to be prescribed under this Act; and ( b ) to provide that any person who contravenes the regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: macma-2000
provision_ref: s45
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 45
title: Regulations for provision of assistance to certain bodies
content:
45. —(1) The Minister may make regulations for the provision by Singapore of assistance in criminal matters to any prescribed international criminal tribunal in order to discharge or facilitate the discharge of any obligation binding on Singapore by virtue of its being a member of an international organisation or a party to an international agreement. (2) Without limiting subsection (1), regulations may — ( a ) provide for the application of the provisions of Part 3 to the international criminal tribunal subject to any modifications that may be specified in the regulations, including the provision of different or additional grounds for refusing assistance, providing assistance in respect of different offences, and a different manner of providing any form of assistance; ( b ) despite the provisions of the Act, provide for forms of assistance other than those set out in Part 3, including assistance by way of arresting any accused person, keeping him or her in custody and surrendering him or her to the international criminal tribunal; ( c ) confer and impose on authorised officers powers and duties which may be necessary or expedient for the purpose of providing any assistance; and ( d ) provide that any person who contravenes the regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: macma-2000
provision_ref: s46
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 46
title: Rules of Court
content:
46. Rules of Court may provide for the practice and procedure in relation to proceedings under this Act and the Third Schedule, including the summoning of witnesses, the production of documents, the taking of evidence on oath, the administering of oaths, the payment of expenses and allowances of witnesses. [23/2014]


document_id: macma-2000
provision_ref: s47
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 47
title: Amendment of Schedules
content:
47. The Minister may, by notification in the Gazette , amend all or any of the First, Second and Third Schedules. [23/2014]


document_id: masa-1955
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless there is something repugnant in the subject or context — “advertisement” includes any notice, circular, pamphlet, label, wrapper or other document, any announcement made orally or by any means of producing or transmitting light or sound and any other form of advertising; “Poisons List” means the Poisons List in the Schedule to the Poisons Act 1938; “proprietary designation”, in relation to the sale of an article consisting of or comprising a substance recommended as a medicine, means a word or words used or proposed to be used in connection with the sale of articles consisting of or comprising the substance for the purpose of indicating that they are the goods of a particular person by virtue of manufacture, selection, certification, dealing with or offering for sale; and “proprietor”, in relation to such a designation, means the person whose goods are indicated or intended to be indicated as aforesaid by the designation; “public hospital” includes any public clinic, public dispensary or other public institution for the reception of the sick whether as in-patients or outpatients; “substance” includes a preparation; “substance recommended as a medicine”, in relation to the sale of an article consisting of or comprising a substance so recommended, means a substance which is referred to — ( a ) on the article, or on any wrapper or container in which the article is sold, or on any label affixed to, or in any document enclosed in, the article or such a wrapper or container; ( b ) in any placard or other document exhibited at the place where the article is sold; or ( c ) in any advertisement published after the passing of this Act by or on behalf of the manufacturer of the article, or the person carrying on the business in the course of which the article was sold, or, in a case where the article was sold under a proprietary designation, the proprietor of the designation, in terms which are calculated to lead to the use of the substance for the prevention or treatment of any ailment, infirmity or injury affecting the human body, not being terms which give a definite indication that the substance is intended to be used as, or as part of, a food or drink, and not as, or as part of, a medicine; “word” includes a letter and a numeral.


