# legal_provisions

document_id: hsaa-2001
provision_ref: s9
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 9
title: Meetings and proceedings of Authority
content:
9. —(1) At all meetings of the Authority, 5 members form a quorum. (2) The Chairperson presides at all meetings of the Authority and, in his or her absence, the members present must elect one of their number to preside. (3) Meetings of the Authority must be held at such times and places as the Chairperson may determine. (4) All questions arising at any meeting must be decided by a majority of votes of the members present and voting. (5) At any meeting of the Authority, the Chairperson or, in his or her absence, the member presiding at the meeting has a deliberative vote and, in the case of an equality of votes, he or she also has a casting vote. (6) The validity of any proceedings of the Authority is not affected by any vacancy among its members or by any defect in the appointment of any member. (7) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Authority may regulate its own proceedings. [5/2018] 10. [ Repealed by Act 5 of 2018 ]


document_id: hsaa-2001
provision_ref: s11
chapter: PART 3 - FUNCTIONS, OBJECTS, DUTIES AND
section: 11
title: Functions, objects and duties of Authority
content:
11. —(1) Subject to the provisions of this Act, the functions, objects and duties of the Authority are — ( a ) to regulate the manufacture, import, export, sale, supply, advertisement and use of health products, tobacco products, radioactive materials and irradiating apparatuses in accordance with the applicable written laws; ( b ) to conduct and advise the Government on technological assessments of health products for the purpose of determining their quality, safety, efficacy and suitability for consumption and use in Singapore; ( c ) to collect and coordinate the collection of blood from donors and to test, process and distribute such blood and the products of such blood for the purpose of building and maintaining a safe and adequate national blood supply; ( d ) to provide professional, investigative, analytical and other services in health sciences and chemical metrology (relating to human health) to the Government and to any other person or body (whether in Singapore or elsewhere); ( e ) to conduct or engage any other person to conduct research in health sciences, and generally to promote the development of health sciences; ( f ) to act internationally as the national authority or representative of Singapore in respect of matters relating to health sciences; and ( g ) to carry out any other functions that are imposed upon the Authority by or under this Act or any other written law. [15/2007; 54/2007] (2) The Minister may give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (3) Nothing in this section is to be construed as imposing on the Authority, directly or indirectly, any form of duty or liability enforceable by proceedings before any court. (4) In discharging its regulatory functions, the Authority must have regard to recognised international standards. (5) In this section — “chemical metrology” means the science of achieving traceable analytical data in chemistry; “health product” means any substance, preparation or device that — ( a ) is represented for use by humans; ( b ) whether because of its presentation or otherwise, is likely to be taken for use by humans; or ( c ) is included in a class of substances, preparations or devices which are or are ordinarily intended for use by humans, solely or principally for a therapeutic, preventive, palliative, diagnostic or cosmetic purpose, or any other purpose for the promotion or preservation of human health and wellbeing, including the following: ( d ) preventing, diagnosing, monitoring, treating, curing or alleviating any disease, disorder, ailment, injury, handicap or abnormal physical or mental state, or the symptoms thereof, in humans; ( e ) compensating for any injury or handicap in humans; ( f ) investigating, modifying or replacing any part of the human anatomy or any physiological process in humans; ( g ) testing the susceptibility of humans to any disease, disorder or ailment; ( h ) influencing, controlling or preventing conception in humans; ( i ) testing for pregnancy in humans; ( j ) inducing anaesthesia in humans; ( k ) destroying or inhibiting micro‑organisms that may be harmful to humans; ( l ) cleansing, fragrancing, deodorising, beautifying, preserving, improving, altering or restoring the complexion, skin, hair, nails or teeth of humans; “health sciences” includes forensic medicine, forensic science, clinical pharmacology, pharmaceutical science, radiation science, transfusion medicine and any other applied science or specialised scientific field that relates to human health; “tobacco product” means any cigarette, cigar or any other form of tobacco which may be consumed through smoking, chewing or otherwise. [15/2007; 30/2008]


document_id: hsaa-2001
provision_ref: s12
chapter: PART 3 - FUNCTIONS, OBJECTS, DUTIES AND
section: 12
title: Powers of Authority
content:
12. The Authority has power to do anything for the purpose of discharging its functions, objects and duties under this Act, or which is incidental or conducive to the discharge of those functions, objects or duties and, in particular, may — ( a ) enter into any contracts that may be necessary or expedient for the purpose of discharging its functions, objects or duties; ( b ) with the approval of the Minister, acquire and hold such movable or immovable property as may be necessary or expedient for carrying into effect the provisions of this Act and for the same purposes may sell, lease, mortgage, or otherwise alienate or dispose of any property so acquired; ( c ) with the approval of the Minister, form or participate in the formation of any company, partnership or joint venture as a shareholder or partner or in any other capacity and to share profits; ( d ) provide technical, consultancy, advisory or other services to the Government or to any other person or body in Singapore or elsewhere on any matter related to or connected with the functions, objects or duties of the Authority; ( e ) become a member or affiliate of any international body the functions, objects or duties of which are similar to those of the Authority; ( f ) charge fees or commissions for services rendered by the Authority or for the use of any of its facilities; ( g ) receive donations, grants, gifts, subsidies and contributions from any source, and raise funds by all lawful means; ( h ) publish or sponsor the publication of works concerning any matter related to the functions, objects or duties of the Authority; ( i ) grant loans to officers or employees of the Authority for any purposes specifically approved by the Authority as are likely to increase the efficiency of its officers or employees; ( j ) provide recreational facilities and promote recreational activities for, and activities conducive to, the welfare of officers or employees of the Authority and members of their families; and ( k ) provide training for employees of the Authority and to award scholarships or otherwise pay for such training. [54/2007]


document_id: hsaa-2001
provision_ref: s13
chapter: PART 3 - FUNCTIONS, OBJECTS, DUTIES AND
section: 13
title: Committees
content:
13. —(1) The Authority may appoint committees consisting of one or more persons (whether members of the Authority or not) and define or vary the terms of reference of those committees. (2) Subject to this Act and the Public Sector (Governance) Act 2018 and to the control of the Authority, each committee appointed under this section may regulate its procedure in such manner as the committee thinks fit. [5/2018]


document_id: hsaa-2001
provision_ref: s14
chapter: PART 3 - FUNCTIONS, OBJECTS, DUTIES AND
section: 14
title: Delegation of powers
content:
14. —(1) The Authority may, in respect of a specified matter or class of matters, by writing, delegate any of its powers to a member, officer or committee of the Authority. (2) Every member, officer or committee purporting to act pursuant to a delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.


document_id: hsaa-2001
provision_ref: s15
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 15
title: Chief Executive, officers and employees, etc.
content:
15. —(1) There must be a Chief Executive of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018] (3) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [5/2018]


document_id: hsaa-2001
provision_ref: s16
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 16
title: Protection from personal liability
content:
16. —(1) No suit or other legal proceedings shall lie personally against any member, officer or employee of the Authority or other person acting under the direction of the Authority for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law. (2) Where the Authority provides a service to the public by which information is supplied to the public, neither the Authority nor any of its members, officers or employees involved in the supply of such information shall be liable for any loss or damage suffered by any member of the public by reason of any error or omission of whatever nature appearing in the information or however caused if made in good faith and in the ordinary course of the discharge of the duties of such members, officers or employees. 17. [ Repealed by Act 5 of 2018 ]


document_id: hsaa-2001
provision_ref: s18
chapter: PART 5 - FINANCIAL PROVISIONS
section: 18
title: Financial year
content:
18. The financial year of the Authority begins on 1 April of each year and ends on 31 March of the succeeding year.


document_id: hsaa-2001
provision_ref: s19
chapter: PART 5 - FINANCIAL PROVISIONS
section: 19
title: Estimates
content:
19. A summary of the annual estimates and supplementary estimates adopted by the Authority must be published in the Gazette .


document_id: hsaa-2001
provision_ref: s20
chapter: PART 5 - FINANCIAL PROVISIONS
section: 20
title: Funds of Authority
content:
20. The funds of the Authority consist of — ( a ) all moneys transferred to the Authority under section 30; ( b ) all moneys received by the Authority by way of grants or subsidies; ( c ) all gifts, donations and contributions to the Authority; ( d ) all fees, charges, commissions, rents, interests, dividends and other income accruing to the Authority; ( e ) all moneys borrowed by the Authority under this Act; ( f ) all moneys recovered or collected by the Authority or any officer or employee of the Authority (including sums collected for the composition of offences) under this Act or any other written law administered by the Authority; and ( g ) all other moneys lawfully received by the Authority for the purposes of the Authority.


document_id: hsaa-2001
provision_ref: s21
chapter: PART 5 - FINANCIAL PROVISIONS
section: 21
title: Grants-in-aid
content:
21. For the purpose of enabling the Authority to carry out its functions under this Act, the Minister may make grants‑in‑aid to the Authority of such sums of money, as the Minister may determine, out of moneys to be provided by Parliament.


document_id: hsaa-2001
provision_ref: s22
chapter: PART 5 - FINANCIAL PROVISIONS
section: 22
title: Borrowing powers
content:
22. The Authority may for the purposes of this Act raise loans from the Government or, with the consent of the Minister, from any other source.


document_id: hsaa-2001
provision_ref: s22A
chapter: PART 5 - FINANCIAL PROVISIONS
section: 22A
title: Issue of shares, etc.
content:
22A. As a consequence of the vesting of any property, rights or liabilities of the Government in the Authority under this Act, or of any capital injection or other investment by the Government in the Authority in accordance with any written law, the Authority must issue such shares or other securities to the Minister for Finance as that Minister may direct.


document_id: hsaa-2001
provision_ref: s23
chapter: PART 5 - FINANCIAL PROVISIONS
section: 23
title: Bank accounts
content:
23. The Authority must open and maintain one or more accounts with such bank or banks as the Authority thinks fit and every such account must be operated by such person or persons authorised to do so by the Authority.


document_id: hsaa-2001
provision_ref: s24
chapter: PART 5 - FINANCIAL PROVISIONS
section: 24
title: Application of funds
content:
24. The funds of the Authority must be applied only in payment or discharge of the expenses, obligations and liabilities of the Authority and in making any payment that the Authority is authorised or required to make.


document_id: hsaa-2001
provision_ref: s25
chapter: PART 5 - FINANCIAL PROVISIONS
section: 25
title: Power of investment
content:
25. The Authority may invest its funds in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [45/2004] 26. [ Repealed by Act 5 of 2018 ] 27. [ Repealed by Act 5 of 2018 ] 28. [ Repealed by Act 5 of 2018 ] 29. [ Repealed by Act 5 of 2018 ]


document_id: hsaa-2001
provision_ref: s30
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 30
title: Transfer to Authority of property, assets and liabilities
content:
30. —(1) As from 1 April 2001, such movable and immovable property vested in the Government as may be determined by the Minister for Finance and used or managed by any of the departments as specified in the Schedule and all assets, interests, rights, privileges, liabilities and obligations of the Government relating to any such department are transferred to and vest in the Authority without further assurance, act or deed. (2) If any question arises as to whether any particular property, or whether any particular asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Authority under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested. (3) Any immovable property to be transferred to and vested in the Authority under subsection (1) is held by the Authority upon such tenure and subject to such terms and conditions as the President may determine.


document_id: hsaa-2001
provision_ref: s31
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 31
title: Transfer of employees
content:
31. —(1) As from 1 April 2001, such persons or categories of persons as the Minister may determine who, immediately before that date, were employed by the Government in any of the departments as specified in the Schedule are transferred to the service of the Authority on terms no less favourable than those enjoyed by them immediately prior to their transfer. (2) If any question arises as to whether any person or category of persons has been transferred to the service of the Authority under subsection (1), a certificate under the hand of the Minister is conclusive evidence that the person or category of persons was or was not transferred. (3) Until such time as terms and conditions of service are drawn up by the Authority, the scheme and terms and conditions of the Government continue to apply to every person transferred to the service of the Authority under subsection (1) as if the person were still in the employment of the Government.


document_id: hsaa-2001
provision_ref: s32
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 32
title: Pension rights, etc., of Government employees to be preserved
content:
32. —(1) The terms and conditions to be drawn up by the Authority must take into account the terms and conditions of service (including salaries and accrued rights to leave) enjoyed by the persons transferred to the service of the Authority under section 31 while in the employment of the Government. (2) Any term or condition relating to the length of service with the Authority must recognise the length of service of the persons so transferred while in the employment of the Government to be service with the Authority. (3) Nothing in the terms and conditions to be drawn up by the Authority is to adversely affect the conditions that would have been applicable to persons transferred to the service of the Authority as regards any pension, gratuity or allowance payable under the Pensions Act 1956. (4) Where a person has been transferred to the service of the Authority under section 31, the Government is liable to pay to the Authority such portion of any pension, gratuity or allowance payable to the person on his or her retirement as the same bears to the proportion which the aggregate amount of the person’s pensionable emoluments during his or her service with the Government bears to the aggregate amount of the person’s pensionable emoluments during his or her service under both the Government and the Authority. (5) Where any person in the service of the Authority, whose case does not fall within the scope of any pension or other schemes established under this section, retires or dies in the service of the Authority or is discharged from such service, the Authority may grant to that person or to such other person or persons wholly or partly dependent on that person, as the Authority thinks fit, such allowance or gratuity as the Authority may determine.


document_id: hsaa-2001
provision_ref: s33
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 33
title: No benefits in respect of abolition or reorganisation of office
content:
33. Despite the provisions of the Pensions Act 1956, no person who is transferred to the service of the Authority under section 31 is entitled to claim any benefit under that Act on the ground that he or she has been retired from the service of the Government on account of abolition or reorganisation of office in consequence of the establishment and incorporation of the Authority.


document_id: hsaa-2001
provision_ref: s34
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 34
title: Existing contracts
content:
34. All deeds, contracts, schemes, bonds, agreements, instruments and arrangements, subsisting immediately before 1 April 2001 to which the Government is a party and which relates to any of the departments specified in the Schedule or to any person transferred to the service of the Authority under section 31 continue in force on and after that date and are enforceable by or against the Authority as if the Authority had been named therein or had been a party thereto instead of the Government.


document_id: hsaa-2001
provision_ref: s35
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 35
title: Continuation and completion of disciplinary and other legal proceedings
content:
35. —(1) Where on 1 April 2001, any disciplinary proceedings were pending against any employee of the Government transferred to the service of the Authority, the proceedings must be carried on and completed by the Authority. (2) Where on 1 April 2001, any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order, ruling or decision had been made on the matter, the committee must complete the hearing or investigation and must make an order, ruling or direction that it could have made under the authority vested in it before that date. (3) Any order, ruling or direction made by a committee pursuant to this section is to be treated as an order, a ruling or a direction of the Authority and has the same force or effect as if it had been made by the Authority pursuant to the authority vested in the Authority under this Act. (4) All proceedings or causes of action pending or existing immediately before 1 April 2001 by or against the Government in respect of any of the departments specified in the Schedule may be continued, completed and enforced by or against the Authority.


document_id: hsaa-2001
provision_ref: s36
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 36
title: Misconduct or neglect of duty by employee before transfer
content:
36. The Authority may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, while he or she was in the employment of the Government, been guilty of any misconduct or neglect of duty which would have rendered him or her liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he or she had continued to be in the employment of the Government and if this Act had not been enacted.


document_id: hsaa-2001
provision_ref: s38
chapter: PART 7 - MISCELLANEOUS
section: 38
title: Symbol or representation of Authority
content:
38. —(1) The Authority has the exclusive right to the use of such symbol or representation as it may select or devise and thereafter display or exhibit the symbol or representation in connection with its activities or affairs. (2) Any person who uses a symbol or representation identical with that of the Authority, or which so resembles the Authority’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: hsaa-2001
provision_ref: s39
chapter: PART 7 - MISCELLANEOUS
section: 39
title: Preservation of secrecy
content:
39. —(1) Except for the purpose of the performance of his or her duties or the exercise of his or her functions or when lawfully required to do so by any court or where required or allowed by any written law, a person who is or has been a member, an officer, an employee or an agent of the Authority or a member of a committee of the Authority must not disclose any information relating to the affairs of the Authority or of any other person which has been obtained by him or her in the performance of his or her duties or the exercise of his or her functions. [5/2018] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: hsaa-2001
provision_ref: s41
chapter: PART 7 - MISCELLANEOUS
section: 41
title: Regulations
content:
41. The Authority may, with the approval of the Minister, make regulations for any or both of the following purposes: ( a ) regulating the proceedings of the Authority or of the committees of the Authority; ( b ) providing for or prescribing any matters which are necessary or convenient to be provided for or prescribed for carrying out or giving effect to the provisions of this Act.


document_id: hsaa-2001
provision_ref: s42
chapter: PART 7 - MISCELLANEOUS
section: 42
title: Saving
content:
42. Insofar as it is necessary to preserve the effect of any document issued by or relating to any of the departments specified in the Schedule, any reference in such document to any such department is to be construed as a reference to the Authority.


document_id: hta-2010
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “bank” means a bank or merchant bank licensed under the Banking Act 1970, and includes a finance company licensed under the Finance Companies Act 1967; “Convention” means the International Convention against the Taking of Hostages adopted by the General Assembly of the United Nations on 17 December 1979; “Convention country” means a foreign country that is a Party to the Convention; “country” includes a State or territory, as the case may be; “hostage-taking offence” means — ( a ) the offence under section 3; or ( b ) an abetment of, or a conspiracy or attempt to commit, the offence under section 3. [1/2020]


document_id: hta-2010
provision_ref: s3
section: 3
title: Hostage-taking
content:
3. —(1) Any person ( A ) who — ( a ) seizes or detains another person ( B ); and ( b ) threatens to cause death or hurt to B or to continue to detain B , or by A ’s conduct gives rise to a reasonable apprehension that B may be put to death or hurt or may continue to be detained, or causes death or hurt to B , in order to compel — ( c ) the Government, the government of another State or an international intergovernmental organisation to do or abstain from doing any act shall be guilty of an offence, and shall be punished with death or imprisonment for life, and shall, if A is not sentenced to death, also be liable to fine or to caning; or ( d ) any other person ( C ) to do or abstain from doing any act shall be guilty of an offence, and shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine or to caning. (2) Subsection (1) does not apply to any act which is an offence under section 3 of the Geneva Conventions Act 1973.


document_id: hta-2010
provision_ref: s4
section: 4
title: Extraterritoriality
content:
4. Every person who, outside Singapore, commits an act that, if committed in Singapore, would constitute a hostage-taking offence is deemed to commit the act in Singapore and may be proceeded against, charged, tried and punished accordingly.


document_id: hta-2010
provision_ref: s5
section: 5
title: Information relating to hostage-taking offence
content:
5. —(1) Every person in Singapore who has information which he or she knows or believes may be of material assistance — ( a ) in preventing the commission by another person of a hostage-taking offence; or ( b ) in securing the apprehension, prosecution or conviction of another person, in Singapore, for a hostage-taking offence, and who fails to disclose the information immediately to a police officer 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 5 years or to both. (2) No criminal or civil proceedings shall lie against a person for any disclosure made in good faith under this section. (3) A person who makes a disclosure in good faith under this section is not to be treated as being in breach of any restriction upon the disclosure of information imposed by law, contract or rules of professional conduct.


document_id: hta-2010
provision_ref: s6
section: 6
title: Power to freeze bank account
content:
6. —(1) The Public Prosecutor may, where he or she is satisfied that it is likely that the money for the payment of ransom for the release of any person may be paid out of any account with any bank, by order direct any bank not to pay any money out of, nor to pay cheques drawn on, such account for a specified period not exceeding one month. (2) A bank which complies with an order under subsection (1) is relieved of any liability to any other person in respect of the payment prohibited by that order. (3) A bank which fails to comply with an order under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.


document_id: hta-2010
provision_ref: s7
section: 7
title: Power to order inspection of customer information
content:
7. —(1) Despite anything to the contrary in any other written law, the Public Prosecutor may, if he or she considers that any evidence of the commission by a person of — ( a ) a hostage-taking offence; or ( b ) an act which is an offence by virtue of section 4, 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 agent for that person, by order authorise any police officer of or above the rank of assistant superintendent named in the order to inspect any document of a bank specified in the order. (2) The police officer so authorised may, at all reasonable times, enter the premises of the bank specified in the order and inspect the documents kept therein and may take copies of any relevant entry in any such document. (3) Any person who, without reasonable excuse, fails to produce any document demanded by the police officer which is in his or her possession or control 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 2 years or to both. (4) The Public Prosecutor may delegate to a Deputy Public Prosecutor or the Commissioner of Police the power of the Public Prosecutor under this section, except the power of delegation conferred by this subsection. (5) In this section, “customer information” has the meaning given by section 40A of the Banking Act 1970.


document_id: hta-2010
provision_ref: s8
section: 8
title: Power to obtain information
content:
8. —(1) In the course of any investigation into or proceedings relating to a hostage-taking offence by a person or an act by a person which is an offence by virtue of section 4, the Public Prosecutor may by order — ( a ) require the person to furnish a sworn statement in writing enumerating all movable or immovable property belonging to or possessed by that person and by the spouse, son or daughter of that person, and specifying the date on which each of the properties enumerated was acquired and whether it was acquired by way of purchase, gift, bequest, inheritance or otherwise; ( b ) require the person to furnish a sworn statement in writing of any money or other property paid or disposed of by him or her during such period as may be specified in the order; ( c ) require any other person to furnish a sworn statement in writing enumerating all movable or immovable property belonging to or possessed by that person where the Public Prosecutor has reasonable grounds to believe that that information may be relevant to the investigation or proceedings; ( d ) require the Comptroller of Income Tax to furnish all information available to the Comptroller relating to the affairs of the person or of the spouse, son or daughter of the person and to produce or furnish any document or a certified copy of any document specified in the order relating to that person or the spouse, son or daughter of that person which is in the possession or under the control of the Comptroller; ( e ) require the person in charge of any ministry or department of the Government or the president, chairperson, manager or chief executive officer of any statutory board to furnish, as specified in the order, any document or a certified copy of any document which is in his or her possession or under his or her control; and ( f ) require a bank to give copies of the accounts of the person or of the spouse, son or daughter of the person with the bank. (2) Subject to subsection (3), every person to whom an order is given under subsection (1) must, despite any obligation of secrecy imposed under any written law or rule of law, comply with the terms of the order within such time as may be specified in the order. (3) Subsection (2) does not apply to a person mentioned in subsection (1)( e ) if the Minister responsible for the ministry or department of the Government or for the statutory board (as the case may be) certifies that it would be against the interests of national security for the contents of the document to be disclosed. (4) To avoid doubt, any disclosure of the contents of a document to the Minister for the purposes of the Minister’s certification under subsection (3) does not constitute a breach of any obligation of secrecy imposed under any written law or rule of law. (5) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (6) Any person who, in purported compliance with an order under subsection (1), furnishes any information, statement or document known to him or her to be false or misleading in a material particular, 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 2 years or to both.


document_id: hta-2010
provision_ref: s9
section: 9
title: No prosecution without Public Prosecutor’s consent
content:
9. A prosecution under this Act must not be instituted except by or with the consent of the Public Prosecutor.


document_id: hta-2010
provision_ref: s10
section: 10
title: Protection of informers
content:
10. —(1) Except as provided in subsection (3), a witness in any civil or criminal proceedings must not be obliged — ( a ) to disclose the name or address of any informer who has given information with respect to an offence under this Act; or ( b ) to answer any question if the answer to the question would lead, or would tend to lead, to the discovery of the name or address of any informer. (2) If any book, document or paper which is in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which may lead to the informer’s discovery, the court must cause those entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery. (3) If — ( a ) in any proceedings for an offence under this Act, the court, after full inquiry into the case, is satisfied that an informer wilfully made a material statement which he or she knew or believed to be false or did not believe to be true; or ( b ) in any other proceedings, the court is of the opinion that justice cannot be fully done between the parties to the proceedings without the disclosure of the name of an informer, the court may permit inquiry and require full disclosure concerning the informer.


document_id: hta-2010
provision_ref: s11
section: 11
title: Offences by bodies corporate, etc.
content:
11. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any act or default on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any act or default on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by a limited liability partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner or manager of the limited liability partnership, the partner or manager as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (5) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any act or default on the part of such an officer or a member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (6) In this section — “body corporate” and “partnership” exclude a limited liability partnership within the meaning of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, member of the committee of management, chief executive officer, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; and ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of such a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (7) The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate, limited liability partnership or unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: hta-2010
provision_ref: s12
section: 12
title: Power of arrest
content:
12. A police officer may arrest without warrant any person whom he or she reasonably believes has committed an offence under this Act.


document_id: hta-2010
provision_ref: s13
section: 13
title: Assistance in criminal matters for Convention offences
content:
13. —(1) For the purposes of providing assistance under Part 3 of the Mutual Assistance in Criminal Matters Act 2000 to a foreign country for a criminal matter involving a relevant offence of that country, the relevant offence is deemed not to be an offence of a political character. (2) In this section — “criminal matter” has the meaning given by section 2(1) of the Mutual Assistance in Criminal Matters Act 2000; “relevant offence”, in relation to a foreign country, means an offence against the law of that country that consists of or includes conduct which, if it had occurred in Singapore, would have constituted a hostage-taking offence.


document_id: hta-2010
provision_ref: s14
section: 14
title: Extradition
content:
14. —(1) Every hostage-taking offence is deemed to be an extradition offence under the Extradition Act 1968. [Act 17 of 2022 wef 01/07/2022] (2) Subject to subsection (3), where no extradition treaty is in force between Singapore and a Convention country, a notification in the Gazette under section 4 of the Extradition Act 1968 may be made applying that Act as if there were an extradition treaty between Singapore and that country. (3) Where the Extradition Act 1968 is applied under subsection (2), that Act has effect in relation to that country as if the only extradition offences under that Act were the relevant offences of that country. [Act 17 of 2022 wef 01/07/2022] (4) Subsection (3) does not affect any other notification made under section 4 of the Extradition Act 1968. (5) Where — ( a ) an extradition treaty is in force between Singapore and a Convention country; and ( b ) the treaty does not provide for the extradition of persons accused of or convicted of a relevant offence of that country, a notification in the Gazette under section 4 of the Extradition Act 1968 may be made applying that Act in relation to that country as if the treaty provided for the matter referred to in paragraph ( b ). (6) Where a notification mentioned in subsection (5) is made, any limitation, condition, exception or qualification specified in — ( a ) any other notification made under section 4 of the Extradition Act 1968; or ( b ) any Order in Council mentioned in section 3 of that Act, in relation to that country is, to the extent that it prevents the relevant offence from being considered an extradition offence in relation to that country, to be disregarded in the application of that Act in relation to that country. [Act 17 of 2022 wef 01/07/2022] (7) For the purposes of the Extradition Act 1968 — ( a ) any act, wherever committed, which is a relevant offence of a Convention country in the case of which that Act has been applied by a notification in the Gazette made under section 4 of that Act, is deemed to be an offence within the jurisdiction of that country; and ( b ) any such offence is deemed not to be an offence of a political character. (8) In this section, “relevant offence”, in relation to a Convention country, means an offence against the law of, or of part of, that country where the act or omission constituting the offence or the equivalent act or omission would, if it took place in Singapore — ( a ) constitute a hostage-taking offence; or ( b ) be such an offence if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence.


document_id: htca-2017
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “cadet” means an individual enrolled under section 9 in the National Police Cadet Corps or the National Civil Defence Cadet Corps; “Commandant” means — ( a ) in relation to the National Police Cadet Corps, the Commandant of the National Police Cadet Corps appointed under section 6(1)( a ); and ( b ) in relation to the National Civil Defence Cadet Corps, the Commandant of the National Civil Defence Cadet Corps appointed under section 6(1)( b ); “Commissioner of Civil Defence” includes an individual who is for the time being exercising the powers of the Commissioner of Civil Defence; “Commissioner of Police” includes an individual who is for the time being exercising the powers of the Commissioner of Police; “general or routine order” means a general or routine order made, or deemed made, under section 16; “Home Team Corps” means the National Police Cadet Corps and the National Civil Defence Cadet Corps established under section 3; “Home Team Corps Council” means the Home Team Corps Council established under section 5; “member” means an officer of, or a cadet enrolled in, the National Police Cadet Corps or the National Civil Defence Cadet Corps (as the case may be), and includes an individual undergoing an officer cadet course; “National Civil Defence Cadet Corps” means the corps established under section 3( b ); “National Police Cadet Corps” means the corps established under section 3( a ); “officer”, for the National Police Cadet Corps or the National Civil Defence Cadet Corps, means an individual appointed as an officer, an honorary officer or an honorary instructor under section 7(1), (2) or (3), respectively, of that Corps; “officer‑in‑charge” means an officer for the time being commanding a unit of the National Police Cadet Corps or the National Civil Defence Cadet Corps, as the case may be; “permanent resident” means a permanent resident of Singapore as defined by section 2 of the Immigration Act 1959; [Act 31 of 2023 wef 01/12/2025] “school” means a school to which the Education Act 1957 applies; “Singapore Civil Defence Force” means the Singapore Civil Defence Force established under the Civil Defence Act 1986; “Singapore Police Force” means the Singapore Police Force established under the Police Force Act 2004.


document_id: htca-2017
provision_ref: s3
section: 3
title: Establishment of Home Team Corps
content:
3. The Home Team Corps is established by this Act, which consists of — ( a ) the National Police Cadet Corps; and ( b ) the National Civil Defence Cadet Corps.


document_id: htca-2017
provision_ref: s4
section: 4
title: Organisation
content:
4. —(1) The Home Team Corps consists of such numbers of officers and cadets as the Minister may determine. (2) The officers and cadets of the Home Team Corps are to be formed into such units, training institutions, services, departments or other bodies as the Minister may establish. (3) The Minister may disband any unit, training institution, service, department or other body established under subsection (2) in whole or in part or amalgamate any such unit, training institution, service, department or other body or alter its name or title.


document_id: htca-2017
provision_ref: s5
section: 5
title: Home Team Corps Council
content:
5. —(1) For the purpose of the administration of matters relating to the Home Team Corps under this Act, a Home Team Corps Council is established, which consists of the following individuals, each of whom is appointed by the Minister: ( a ) a Chairperson; ( b ) 2 Deputy Chairpersons, one from among individuals nominated by the Commissioner of Police and the other from individuals nominated by the Commissioner of Civil Defence; ( c ) 2 members from among individuals nominated by the Commissioner of Police; ( d ) 2 members from among individuals nominated by the Commissioner of Civil Defence; ( e ) such other number of individuals as the Minister may think fit to appoint. (2) The Home Team Corps Council may meet at the intervals it thinks fit and may regulate its own procedure. (3) The Home Team Corps Council may delegate any of its functions and powers under this Act — ( a ) where the function or power relates to the National Police Cadet Corps, to an appropriately qualified police officer or officer of the National Police Cadet Corps; and ( b ) where the function or power relates to the National Civil Defence Cadet Corps, to an appropriately qualified officer of the Singapore Civil Defence Force or officer of the National Civil Defence Cadet Corps. (4) However, subsection (3) does not apply to any function or power of the Home Team Corps Council to make any subsidiary legislation under this Act or the power of delegation conferred by this section.


document_id: htca-2017
provision_ref: s6
section: 6
title: Appointment of Commandant
content:
6. —(1) The Minister may appoint — ( a ) the Commandant of the National Police Cadet Corps, on the recommendation of the Commissioner of Police; and ( b ) the Commandant of the National Civil Defence Cadet Corps, on the recommendation of the Commissioner of Civil Defence. (2) A Commandant exercises executive command of the Corps to which the Commandant is appointed, and is responsible to the Home Team Corps Council in matters of administration affecting the recruitment, promotion, training, conditions of service, finance and discipline of that Corps. (3) A Commandant holds office for a period specified by the Minister (which in no case exceeds 3 years) and is eligible for re‑appointment on completion of that period. (4) A Commandant may, with the approval of the Minister, appoint a Deputy Commandant and so many other Assistant Commandants as the Commandant requires to assist in the general administration of the Corps the Commandant has executive command of.


document_id: htca-2017
provision_ref: s7
section: 7
title: Appointment of officers, honorary officers and honorary instructors
content:
7. —(1) The Minister may appoint — ( a ) officers of the National Police Cadet Corps from among the teaching staff of any school or from among members of the National Police Cadet Corps; and ( b ) officers of the National Civil Defence Cadet Corps from among the teaching staff of any school or from among members of the National Civil Defence Cadet Corps. (2) The Minister may appoint, from among such individuals as the Minister thinks fit — ( a ) honorary officers of the National Police Cadet Corps; and ( b ) honorary officers of the National Civil Defence Cadet Corps. (3) The Minister may appoint individuals who are not cadets, officers appointed under subsection (1) or honorary officers appointed under subsection (2), and who wish to volunteer their services to the National Police Cadet Corps or the National Civil Defence Cadet Corps, as honorary instructors of that Corps. (4) An officer, honorary officer or honorary instructor may resign from the appointment at any time by giving notice to the Minister. (5) The Minister may, with or without giving any reason, revoke the appointment of any officer, honorary officer or honorary instructor.


document_id: htca-2017
provision_ref: s8
section: 8
title: Secondment of Singapore Police Force and Singapore Civil Defence Force personnel
content:
8. —(1) The Commissioner of Police may second any member of the Singapore Police Force for full‑time or part‑time service in the National Police Cadet Corps. (2) The Commissioner of Civil Defence may second any member of the Singapore Civil Defence Force for full‑time or part‑time service in the National Civil Defence Cadet Corps.


document_id: htca-2017
provision_ref: s9
section: 9
title: Eligibility
content:
9. —(1) Subject to the provisions of this Act, a citizen of Singapore or a permanent resident is eligible to be enrolled as a cadet or appointed as an officer in one of the following Corps, but not both: ( a ) the National Police Cadet Corps; ( b ) the National Civil Defence Cadet Corps. (2) The Minister may in special cases approve the enrolment as a cadet, or the appointment as an officer, of an individual who is neither a citizen of Singapore nor a permanent resident.


document_id: htca-2017
provision_ref: s10
section: 10
title: Discharge and dismissal of cadets
content:
10. —(1) A cadet of the National Police Cadet Corps or the National Civil Defence Cadet Corps is discharged from service in that Corps when the cadet has completed the period of service for which the cadet was enrolled. (2) A cadet of the National Police Cadet Corps or the National Civil Defence Cadet Corps may be dismissed by the competent authority — ( a ) on the recommendation of the cadet’s officer‑in‑charge; and ( b ) where the cadet is a student of a school, with the concurrence of the principal of the school which the cadet is enrolled in. (3) In this section, “competent authority” means — ( a ) the Commandant of the National Police Cadet Corps, in the case of a cadet of the National Police Cadet Corps; or ( b ) the Commandant of the National Civil Defence Cadet Corps, in the case of a cadet of the National Civil Defence Cadet Corps.


document_id: htca-2017
provision_ref: s11
section: 11
title: Disobedience of regulations, general or routine orders, etc.
content:
11. A cadet who — ( a ) in such manner as to show wilful defiance of authority, disobeys any lawful command given to the cadet or conveyed to the cadet personally; or ( b ) contravenes any general or routine order applicable to the cadet or regulation made under this Act, being an order or regulation known to the cadet or that the cadet might reasonably be expected to know, must be dealt with summarily by the cadet’s officer‑in‑charge in the manner prescribed in regulations made under this Act.


document_id: htca-2017
provision_ref: s12
section: 12
title: Punishment
content:
12. Where an officer‑in‑charge deals with a case summarily, the officer‑in‑charge may, if a finding of guilt is recorded, impose one or more of the following punishments: ( a ) reprimand; ( b ) where the cadet holds a rank, reduction in rank; ( c ) suspension of membership in the National Police Cadet Corps or the National Civil Defence Cadet Corps (as the case may be) for a period not exceeding 3 months.


document_id: htca-2017
provision_ref: s13
section: 13
title: Board of inquiry
content:
13. —(1) If a Commandant of a Corps has reason to believe that an officer under that Commandant’s executive command has committed a breach of any general or routine order of the Corps or any regulation made under this Act, the Commandant may convene a board of inquiry to investigate and report on the facts relating to the matter and the board of inquiry must, if directed by the Commandant to do so, express its opinion on any question arising out of any matter referred to the board. (2) A board of inquiry must consist of — ( a ) a Chairperson who — (i) in an inquiry convened to investigate an officer of the National Police Cadet Corps, is either a police officer not below the rank of Assistant Superintendent of Police or an officer of the National Police Cadet Corps not below the rank of Assistant Superintendent; or (ii) in an inquiry convened to investigate an officer of the National Civil Defence Cadet Corps, is either an officer of the Singapore Civil Defence Force not below the rank of Captain of Civil Defence or an officer of the National Civil Defence Cadet Corps not below the rank of Captain; and ( b ) at least 2 other individuals, one of whom must be nominated by a Permanent Secretary to the Ministry of Education. (3) If the board of inquiry is of the opinion that an officer is guilty of a breach of any general or routine order, or any regulation made under this Act, the board must recommend to the Commandant who convened the board which of the following punishments or combination of them should be imposed on the officer: ( a ) reprimand; ( b ) reduction in rank; ( c ) dismissal from the National Police Cadet Corps or the National Civil Defence Cadet Corps, as the case may be.


document_id: htca-2017
provision_ref: s14
section: 14
title: Compensation for death or personal injury
content:
14. It is lawful for the Minister to compensate, in accordance with regulations made under this Act, any member or the member’s dependants for the member’s death or personal injury arising out of or in the execution of the member’s duty and that is attributable solely to the discharge of the member’s duty.


document_id: htca-2017
provision_ref: s15
section: 15
title: Exemptions from certain laws
content:
15. Nothing in the Arms Offences Act 1973 and the Corrosive and Explosive Substances and Offensive Weapons Act 1958 applies to members while on parade or in the course of their duty.


document_id: htca-2017
provision_ref: s16
section: 16
title: General and routine orders
content:
16. —(1) A Commandant may make such general or routine orders, not inconsistent with this Act — ( a ) for the control, direction and information of the Corps the Commandant has executive command of; and ( b ) relating to the awards, in the form of badges or other insignia, to cadets enrolled to the Corps the Commandant has executive command of, for proficiency in training and other achievements. (2) It is not necessary to publish in the Gazette any general or routine orders made under subsection (1).


document_id: htca-2017
provision_ref: s17
section: 17
title: Regulations
content:
17. —(1) The Home Team Corps Council may, with the approval of the Minister, make such regulations as may be necessary or expedient to carry out the provisions of this Act. (2) Without limiting subsection (1), the Home Team Corps Council may make regulations relating to — ( a ) the organisation, control, administration and discipline of the National Police Cadet Corps or the National Civil Defence Cadet Corps; ( b ) training; ( c ) the appointment, promotion, advancement or reduction in rank of officers and the termination of services of officers; ( d ) the age and other qualifications for cadet membership, promotion, advancement or reduction in rank of cadets, and dismissal or discharge of cadets; ( e ) the payment of allowances; ( f ) the badges of rank to be worn by members and the award of decorations; ( g ) the award of compensation in respect of members’ death or personal injury arising out of or in the execution of duty and which is solely due to and attributable to the discharge of that duty; ( h ) dress; and ( i ) the expenditure of funds raised from the public.


document_id: htca-2017
provision_ref: s18
section: 18
title: Saving and transitional provisions
content:
18. —(1) Every individual who, immediately before 1 March 2018, is an officer appointed or an individual enrolled in the National Civil Defence Cadet Corps, is deemed — ( a ) to be an officer appointed or an individual enrolled in the National Civil Defence Cadet Corps under this Act, as the case may be; and ( b ) to have the rank and seniority not less favourable than that accorded to the individual immediately before 1 March 2018. (2) The individual who, immediately before 1 March 2018, is the Commandant of the National Civil Defence Cadet Corps, is deemed to be appointed under section 6(1)( b ) of this Act as the Commandant of the National Civil Defence Cadet Corps. (3) The National Police Cadet Corps, which is raised and maintained under section 3 of the repealed Act as in force immediately before 1 March 2018, continues as if raised and maintained under section 3( a ) of this Act. (4) Every individual who, immediately before 1 March 2018, is an officer appointed or an individual enrolled in the National Police Cadet Corps, is deemed — ( a ) to be an officer appointed or an individual enrolled in the National Police Cadet Corps under this Act, as the case may be; and ( b ) to have the rank and seniority not less favourable than that accorded to the individual immediately before 1 March 2018. (5) The individual who, immediately before 1 March 2018, is the Commandant, a Deputy Commandant or an Assistant Commandant of the National Police Cadet Corps, is deemed to be appointed under section 6(1)( a ) or (4) of this Act (as the case may be) as the Commandant, a Deputy Commandant or an Assistant Commandant of the National Police Cadet Corps. (6) Any decision, certificate, general or routine order or recommendation made, issued or approved by or under the authority of — ( a ) the Minister under the repealed Act; ( b ) the National Police Cadet Corps Council under the repealed Act; ( c ) the Commandant, the Deputy Commandant or an Assistant Commandant of the National Police Cadet Corps under the repealed Act; or ( d ) the Commandant of the National Civil Defence Cadet Corps before 1 March 2018, so far as it is not inconsistent with the provisions of this Act, continues and is deemed to have been made, issued or approved under the relevant provisions of this Act. (7) Subject to subsection (8)( a ), where anything has been commenced by or on behalf of the Commandant of the National Police Cadet Corps or the Commandant of the National Civil Defence Cadet Corps before 1 March 2018, that thing may be carried on and completed by or under the authority of the respective Commandant appointed under this Act. (8) This Act does not affect — ( a ) any inquiry before a board of inquiry convened before 1 March 2018 under section 13 of the repealed Act and is pending on that day, and every such inquiry may be continued and everything in relation to that inquiry may be done in all respects after that date under the repealed Act, as if this Act had not been enacted; and ( b ) the continued force of any recommendation of a board of inquiry made before 1 March 2018. (9) In this section, “repealed Act” means the National Police Cadet Corps Act (Cap. 199, 2014 Revised Edition) repealed by this Act. [19


document_id: htstaa-2019
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Agency” means the Home Team Science and Technology Agency established by section 3; “Chairperson”, in relation to the Agency, means the member of the Agency who is appointed under section 12 as the Chairperson of the Agency, and includes any person appointed under section 14 to act in that capacity; “Chief Executive” means the Chief Executive of the Agency appointed under section 29, and includes any person acting in that capacity; “committee” means a committee of the Agency appointed under section 27; “committee member” means an individual appointed to be a member of a committee; “Deputy Chairperson”, in relation to the Agency, means a member of the Agency who is appointed under section 12 as a Deputy Chairperson of the Agency; “forensic purpose” means — ( a ) investigating an offence or a suspected offence under any written law or offences generally; ( b ) investigating the death of an individual or identifying a deceased individual; ( c ) investigating the whereabouts of or identifying a missing individual; or ( d ) investigating the cause or origin of any fire; “framework contract” means a contract between one or more procuring organisations in the Singapore public sector and one or more suppliers the purpose of which is to establish the terms governing orders for the supply of goods, works or services to be placed during a fixed period; “functions”, in relation to the Agency, means functions conferred on the Agency by this Act or any other Act; “Home Team agency” means any department of the Government within the Ministry of Home Affairs; “member”, in relation to the Agency, means a member of the Agency appointed under section 10, and includes any person appointed under section 14 to act in that capacity; “public body” has the meaning given by the Public Sector (Governance) Act 2018; “public security purpose” means — ( a ) the maintaining of law and order and the preserving or restoring of public peace and safety in Singapore; ( b ) the prevention and detection of crimes and offences under any written law; or ( c ) the prevention of, and the response to, any serious incident within the meaning of section 3 of the Public Order and Safety (Special Powers) Act 2018; “Singapore public sector” has the meaning given by the Public Sector (Governance) Act 2018; “transfer date” means 1 December 2019.


document_id: htstaa-2019
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, FUNCTIONS AND
section: 4
title: Agency is body corporate
content:
4. —(1) The Agency — ( a ) is a body corporate with perpetual succession; ( b ) may acquire, hold and dispose of real and personal property; and ( c ) may sue and be sued in its corporate name. (2) The Agency may use, and operate under, one or more trading names approved by the Minister. (3) A trading name can be an abbreviation or adaptation of the Agency’s corporate name, or a name other than the Agency’s corporate name. (4) The Agency must cause notice of every trading name approved under subsection (2) to be published in the Gazette ; but failure to do so does not invalidate the approval or use of that name.


document_id: htstaa-2019
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, FUNCTIONS AND
section: 5
title: Functions of Agency
content:
5. —(1) The Agency has the following functions: ( a ) to provide scientific and technological services for or in relation to a forensic purpose or public security purpose to any Home Team agency or organisation in the Singapore public sector; ( b ) to carry out, support and facilitate the research and development and application of science and technology in relation to forensic purposes or public security purposes for the benefit of any Home Team agency or organisation in the Singapore public sector; ( c ) to manage scientific or technological cooperation between any Home Team agency and other persons in relation to a forensic purpose or public security purpose; ( d ) to undertake as an agent of the Government the procurement of goods and services relating to any Home Team agency; ( e ) to manage and administer contracts to which any Home Team agency is party so as to ensure that contractual obligations and activities are performed by all parties to the contract; ( f ) to establish and manage any framework contract connected with or related to science and technology in relation to forensic purposes or public security purposes, for the benefit of any Home Team agency or organisation in the Singapore public sector; ( g ) to design and develop security systems and provide systems design services for the benefit of the Singapore public sector; ( h ) to perform such other functions as may be conferred on the Agency by any other Act. (2) In performing the functions conferred on the Agency by subsection (1), the Agency is to have regard to — ( a ) efficiency and economy; ( b ) the potential impact or benefit of scientific or technological advances on the operations of any Home Team agency; and ( c ) the evolving nature of criminal activities in and security threats to Singapore. (3) In addition to the functions conferred by this section, the Agency may undertake such other functions as the Minister may assign to the Agency by notification in the Gazette , and in so undertaking — ( a ) the Agency is deemed to be fulfilling the purposes of this Act; and ( b ) the provisions of this Act apply to the Agency in respect of those other functions and duties. (4) Nothing in this section imposes on the Agency, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Agency would not otherwise be subject.


document_id: htstaa-2019
provision_ref: s6
chapter: PART 2 - ESTABLISHMENT, FUNCTIONS AND
section: 6
title: Powers of Agency
content:
6. —(1) The Agency has power to do all things necessary or expedient to be done for, or in connection with, the performance of its functions. (2) Without limiting subsection (1), the powers of the Agency include the following: ( a ) to enter into contracts, agreements or arrangements for itself, or on behalf of the Government in relation to any Home Team agency; ( b ) to establish and manage framework contracts for the benefit of any Home Team agency or organisation in the Singapore public sector; ( c ) to acquire, develop, hold and dispose of real or personal property; ( d ) to appoint and act through agents; ( e ) to employ staff and engage consultants; ( f ) to publish or provide any information, or publish or sponsor the publication of works; ( g ) to apply for, obtain and hold, whether on its own behalf or jointly with any other person, any intellectual property rights; ( h ) to enter into agreements or arrangements for the commercial exploitation of those intellectual property rights, whether by assignment, licensing or otherwise; ( i ) with the approval of the Minister, to form or join in the formation of a company, association, trust or partnership or enter into a joint venture with any person; ( j ) to be a member of a company, association, trust or partnership; ( k ) to provide financial incentives, support, grant, aid or assistance to any person; ( l ) to charge for the provision of goods or services, or the performance of work, by or on behalf of the Agency; ( m ) to waive the payment of fees and charges payable to the Agency; ( n ) to accept gifts, grants, bequests and devises made to the Agency, and act as trustee of money and other property vested in the Agency on trust; ( o ) to provide technical, consultancy or advisory services to the Government or any other person in Singapore or overseas on any matter related to, or connected with, a forensic purpose or public security purpose; ( p ) to collect, compile, analyse and disseminate information of a statistical nature or otherwise concerning matters relating to its functions; ( q ) to provide scholarships and training grants in the field of science and technology; ( r ) to do any other thing that is incidental or conducive to the performance of its functions. (3) To avoid doubt, subsection (1) does not limit any other power given to the Agency by any other provision in this Act or by any other Act. (4) The Agency may exercise its powers inside or outside Singapore. (5) To avoid doubt, nothing in this Act is to be construed as preventing the exercise of any power or discharge of any function of the Transport Safety Investigation Bureau of Singapore established by section 8(1) of the Transport Safety Investigations Act 2018 (Act 36 of 2018).


document_id: htstaa-2019
provision_ref: s9
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 9
title: Membership of Agency
content:
9. —(1) The Agency consists of at least 8 and not more than 20 members. (2) One of the members (who is not the Chairperson) may be the Chief Executive.


document_id: htstaa-2019
provision_ref: s10
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 10
title: Appointment of Agency members
content:
10. —(1) Each member of the Agency is to be appointed by the Minister. (2) Every appointment must be made by instrument in writing given to the member. (3) The instrument must state — ( a ) the term of the appointment; and ( b ) the date the appointment takes effect, which must not be a date earlier than the date the instrument is received by the member.


document_id: htstaa-2019
provision_ref: s11
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 11
title: Membership disqualification
content:
11. —(1) In appointing members of the Agency, the Minister must have regard to whether the members of the Agency will collectively possess the appropriate knowledge, skills and experience to assist the Agency to perform its functions effectively. (2) However, the following individuals are disqualified from being a member of the Agency: ( a ) an undischarged bankrupt or an individual who has an arrangement with any of his or her creditors; ( b ) a Judge or judicial officer; ( c ) an individual who has been sentenced to imprisonment for a term of 6 months or more, and has not received a free pardon; ( d ) an individual who is — (i) disqualified under section 154(1) of the Companies Act 1967 from acting as a director, or taking part (whether directly or indirectly) in the management, of a company during the period of disqualification in that section; [S 26/2022 wef 13/01/2022] (ii) disqualified from being a director or in any way, whether directly or indirectly, being concerned in, or from taking part in, the management of a company by a court order under section 149(1), 149A(1) or 154(2) of the Companies Act 1967 during the period of disqualification in the court order; (iii) disqualified under section 58(1) of the Variable Capital Companies Act 2018 from acting as a director, or taking part (whether directly or indirectly) in the management of a VCC during the period of disqualification in that provision; or [S 26/2022 wef 13/01/2022] (iv) disqualified by a court order under section 56(1), 57(1) or 58(2) of the Variable Capital Companies Act 2018 from being a director or in any way (whether directly or indirectly) being concerned in, or taking part in, the management of a VCC during the period of disqualification in the court order; [S 26/2022 wef 13/01/2022] ( e ) an individual who lacks capacity in respect of his or her duties as a member within the meaning of the Mental Capacity Act 2008, or in respect of whom an order is made under section 10 of the Mental Health (Care and Treatment) Act 2008. (3) In this section, “VCC” has the meaning given by section 2(1) of the Variable Capital Companies Act 2018. [S 26/2022 wef 13/01/2022]


document_id: htstaa-2019
provision_ref: s12
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 12
title: Chairperson and Deputy Chairperson
content:
12. —(1) The Minister may, by instrument in writing, appoint — ( a ) a member (other than the Chief Executive) to be the Chairperson of the Agency for such period as is specified in the instrument; and ( b ) one or more members (other than the Chairperson) to be a Deputy Chairperson of the Agency for such period as is specified in the instrument. (2) The Chairperson or a Deputy Chairperson holds office until whichever of the following first happens: ( a ) his or her term of office as Chairperson or Deputy Chairperson (as the case may be) expires; ( b ) he or she ceases to hold office as a member of the Agency; ( c ) the Minister terminates the appointment as Chairperson or Deputy Chairperson, as the case may be. (3) A Deputy Chairperson has and may exercise all of the functions and powers of the Chairperson in relation to a matter if — ( a ) the Chairperson is unavailable; or ( b ) the Chairperson is interested in the matter (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018).


document_id: htstaa-2019
provision_ref: s13
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 13
title: Premature vacancies
content:
13. —(1) If a premature vacancy occurs in the office of any member of the Agency, the Minister may, subject to sections 9, 10 and 11, appoint an individual to fill the vacancy and hold that office for the remainder of the term for which the vacating member was appointed. (2) In this section, “premature vacancy”, for an office, means a vacancy that occurs in that office by virtue of section 20(1) or for any reason other than the expiry of the term of office.


document_id: htstaa-2019
provision_ref: s14
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 14
title: Acting Chairperson and members
content:
14. —(1) The Minister may appoint an individual to act temporarily as the Chairperson during any period, or during all periods, when the Chairperson — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. (2) The Minister may appoint an individual to act temporarily as a member of the Agency (other than the Chairperson) during any period, or during all periods, when the member — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. (3) An individual is ineligible for appointment under this section to act as the Chairperson or a member of the Agency if the individual is disqualified under section 11(2) for appointment as a member.


document_id: htstaa-2019
provision_ref: s15
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 15
title: Removal of member
content:
15. —(1) The Minister may, at any time and without giving any reason, remove a member of the Agency from office. (2) Every removal under subsection (1) must be made by written notice given to the member with a copy to the Agency. (3) The notice must state the date the removal takes effect, which must not be a date earlier than the date the notice is received by the member.


document_id: htstaa-2019
provision_ref: s16
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 16
title: Resignation from office
content:
16. —(1) A member of the Agency may resign his or her office by written notice to the Minister (with a copy to the Agency) signed by the member. (2) The resignation is effective when the notice in subsection (1) is received by the Minister or at any later time specified in the notice.


document_id: htstaa-2019
provision_ref: s17
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 17
title: Validity of acts, etc.
content:
17. —(1) Despite section 33 of the Interpretation Act 1965, the exercise of any power or performance of any function of the Agency by the Agency is not affected merely because at the relevant time — ( a ) there was a vacancy in the membership of the Agency, including a vacancy arising from the failure to appoint a member; ( b ) there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Agency; or ( c ) there was an irregularity in the Agency’s decision-making procedure that does not affect the merits of the decision made. (2) The acts of an individual as a member of the Agency are not affected merely because — ( a ) there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Agency; or ( b ) in the case of an individual acting in the capacity of the Chairperson, member or Chief Executive, the occasion for the individual so acting, or for his or her appointment, had not arisen or had ended. Division 2 &#x2014; Terms and conditions for members


document_id: htstaa-2019
provision_ref: s18
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 18
title: Term of appointment
content:
18. —(1) Subject to section 20, each member of the Agency holds office for a period of 3 years or any shorter period specified in the instrument of appointment. (2) A member of the Agency may be re-appointed.


document_id: htstaa-2019
provision_ref: s19
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 19
title: Remuneration, etc.
content:
19. The members of the Agency may be paid, out of the funds of the Agency, such salaries, fees and allowances as the Minister determines.


document_id: htstaa-2019
provision_ref: s20
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 20
title: Vacation of office
content:
20. —(1) A member of the Agency ceases to hold office if he or she — ( a ) dies; ( b ) is adjudicated a bankrupt or makes an arrangement with any of his or her creditors; ( c ) becomes otherwise disqualified from being a member under section 11(2); ( d ) is removed from office in accordance with section 15; ( e ) resigns in accordance with section 16; ( f ) fails, without reasonable cause, to disclose any interest required under Division 1 of Part 4 of the Public Sector (Governance) Act 2018 and a notice is given under that Act to the Minister about that default; ( g ) fails to attend 3 consecutive meetings of the Agency without the approval of the Agency; or ( h ) is not re-appointed when his or her term of office expires. (2) A member of the Agency is not entitled to any compensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as a member.


document_id: htstaa-2019
provision_ref: s21
chapter: PART 4 - DECISION-MAKING BY AGENCY
section: 21
title: Procedure generally
content:
21. Subject to this Act and the Public Sector (Governance) Act 2018, the members of the Agency may regulate their own proceedings and business.


document_id: htstaa-2019
provision_ref: s22
chapter: PART 4 - DECISION-MAKING BY AGENCY
section: 22
title: Notice of meetings
content:
22. —(1) The Agency must hold such meetings as are necessary for the performance of its functions. (2) The Chairperson must appoint the times and places of the meetings of the Agency, and cause notice of those meetings to be given to each member, including those not present when the appointment is made. (3) The meetings of the Agency must be held in accordance with the provisions of this Act and Part 4 of the Public Sector (Governance) Act 2018.


document_id: htstaa-2019
provision_ref: s23
chapter: PART 4 - DECISION-MAKING BY AGENCY
section: 23
title: Quorum
content:
23. —(1) The quorum is the number that is one-third the number of members of the Agency. (2) No business may be transacted at a meeting of the Agency if a quorum is not present.


document_id: htstaa-2019
provision_ref: s24
chapter: PART 4 - DECISION-MAKING BY AGENCY
section: 24
title: Presiding at meetings
content:
24. —(1) At a meeting of the Agency, the following person presides: ( a ) if there is a Chairperson and he or she is present and is not interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter — the Chairperson; ( b ) if there is no Chairperson, or the Chairperson is not present or is interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter, and a Deputy Chairperson who is not so interested in the matter is present — the Deputy Chairperson; ( c ) in any other case, the member of the Agency elected from among themselves to preside. (2) The Deputy Chairperson or member mentioned in subsection (1)( b ) or ( c ) may exercise all the powers and functions of the Chairperson for the purposes of the meeting.


document_id: htstaa-2019
provision_ref: s25
chapter: PART 4 - DECISION-MAKING BY AGENCY
section: 25
title: Voting at meetings
content:
25. —(1) Each member of the Agency has one vote. (2) In addition to his or her general vote, the member presiding at a meeting has, in the case of an equality of votes, a casting vote. (3) A resolution of the Agency is passed if it is agreed by all members present without dissent, or if a majority of the members who are entitled to vote on the matter cast votes in favour of it. (4) A member present at a meeting of the Agency is presumed to have agreed to, and to have voted in favour of, a resolution of the Agency unless he or she expressly dissents from or votes against the resolution at the meeting or is prevented from voting by section 26 of the Public Sector (Governance) Act 2018.


document_id: htstaa-2019
provision_ref: s26
chapter: PART 4 - DECISION-MAKING BY AGENCY
section: 26
title: Execution of documents
content:
26. —(1) The Agency must have a seal. (2) The seal of the Agency is to be kept and used as authorised by the Agency. (3) A document is duly executed by the Agency if — ( a ) the seal of the Agency is affixed to the document in the presence of one of its members who must sign the document to attest that the seal was so affixed, and the document is signed — (i) by any 2 members generally or specially authorised by the Agency for the purpose; or (ii) by one member and the Chief Executive; or ( b ) the document is signed on behalf of the Agency by a person or persons authorised to do so by the Agency and in accordance with the terms of that authorisation. (4) A document purporting to be executed in accordance with this section is presumed to be duly executed until the contrary is shown. (5) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the Agency appearing on a document. (6) When a document is produced bearing a seal purporting to be the seal of the Agency, it must be presumed that the seal is the seal of the Agency until the contrary is shown. Division 2 &#x2014; Committees


document_id: htstaa-2019
provision_ref: s27
chapter: PART 4 - DECISION-MAKING BY AGENCY
section: 27
title: Appointment of committees
content:
27. —(1) The Agency may, by resolution, appoint such number of committees as the Agency thinks fit for purposes which, in the opinion of the Agency, would be better regulated and managed by means of such committees. (2) A committee appointed under this section may consist of such number of individuals as the Agency thinks fit, and may include individuals who are not members of the Agency. (3) Without limiting subsection (1), the Agency may appoint committees — ( a ) to advise the Agency on any matters relating to the Agency’s functions and powers that are referred to the committee by the Agency; or ( b ) to perform or exercise any of the Agency’s functions and powers that are delegated to the committee, if the committee includes at least one member of the Agency. (4) An individual may not be appointed as a member of a committee unless, before appointment, he or she discloses to the Agency the details of any interest (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) the individual may have if he or she were a member of that committee.


document_id: htstaa-2019
provision_ref: s28
chapter: PART 4 - DECISION-MAKING BY AGENCY
section: 28
title: Proceedings of committees
content:
28. —(1) Section 17 applies to a committee, and to committee members or individuals purporting to be committee members, with the necessary modifications. (2) Subject to this Act and the Public Sector (Governance) Act 2018, a committee may regulate its own proceedings and business.


document_id: htstaa-2019
provision_ref: s29
chapter: PART 5 - PERSONNEL MATTERS
section: 29
title: Appointment of Chief Executive
content:
29. —(1) There must be a Chief Executive of the Agency, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. (2) The Agency may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office.


document_id: htstaa-2019
provision_ref: s30
chapter: PART 5 - PERSONNEL MATTERS
section: 30
title: Officers, etc.
content:
30. The Agency may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as the Agency may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.


document_id: htstaa-2019
provision_ref: s31
chapter: PART 5 - PERSONNEL MATTERS
section: 31
title: Preservation of secrecy
content:
31. —(1) A member of the Agency, an employee of the Agency, the Chief Executive or a committee member, who has information in his or her capacity as such that would not otherwise be available to him or her, must not intentionally or negligently disclose that information to any person except — ( a ) in the performance of the Agency’s functions; ( b ) with the prior authorisation from the Agency to do so; ( c ) for the purposes of any proceedings for an offence under this Act, or any report of those proceedings; ( d ) as required by an order of court; ( e ) in complying with the requirements in this Act for members to disclose interests; or ( f ) as required of or allowed by the Agency, the Chief Executive, the member or employee of the Agency or the committee member, by or under this Act or any other Act. (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: htstaa-2019
provision_ref: s32
chapter: PART 5 - PERSONNEL MATTERS
section: 32
title: Protection from personal liability
content:
32. No liability shall lie against any member, any committee member, the Chief Executive or any employee of the Agency, or any other person acting under the direction of the Agency, for anything which is done or purported to be done, or omitted to be done, in good faith and with reasonable care in — ( a ) the exercise or purported exercise of any power of the Agency; or ( b ) the performance or purported performance of any function of the Agency.


document_id: htstaa-2019
provision_ref: s33
chapter: PART 6 - FINANCIAL PROVISIONS
section: 33
title: Financial year
content:
33. The financial year of the Agency begins on 1 April of each year and ends on 31 March of the succeeding year except that the first financial year of the Agency begins on 1 December 2019 and ends on 31 March 2020.


document_id: htstaa-2019
provision_ref: s34
chapter: PART 6 - FINANCIAL PROVISIONS
section: 34
title: Revenue and property of Agency
content:
34. The funds and property of the Agency include — ( a ) all moneys paid to the Agency by way of grants, subsidies, donations, gifts and contributions for the purposes of the Agency; ( b ) all moneys paid to, and all other moneys and property lawfully received by, the Agency for the purposes of the Agency; ( c ) all fees and charges payable to the Agency under this Act or any other Act administered by the Agency; ( d ) all moneys, dividends, royalties, interest or income received from any transaction made pursuant to the powers of the Agency under this Act or any other Act administered by the Agency; ( e ) all moneys borrowed by the Agency under this Act; and ( f ) all accumulations of income derived from any property or money mentioned in paragraphs ( a ) to ( e ).


document_id: htstaa-2019
provision_ref: s35
chapter: PART 6 - FINANCIAL PROVISIONS
section: 35
title: Bank accounts
content:
35. —(1) The Agency must open and maintain one or more accounts with such bank or banks as the Agency thinks fit. (2) Every such account may only be operated by a person who is authorised to do so by the Agency.


document_id: htstaa-2019
provision_ref: s36
chapter: PART 6 - FINANCIAL PROVISIONS
section: 36
title: Financial accounts and records
content:
36. The Agency must — ( a ) keep proper accounts and records of its transactions and affairs; and ( b ) do all things necessary to ensure that — (i) all payments out of its moneys are correctly made and properly authorised; and (ii) adequate control is maintained over the property and assets of, or in the custody of, the Agency and over the expenditure incurred by the Agency.


document_id: htstaa-2019
provision_ref: s37
chapter: PART 6 - FINANCIAL PROVISIONS
section: 37
title: Power of investment
content:
37. The Agency may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.


document_id: htstaa-2019
provision_ref: s38
chapter: PART 6 - FINANCIAL PROVISIONS
section: 38
title: Issue of shares, etc.
content:
38. As a consequence of — ( a ) the vesting of any property, rights or liabilities in the Agency under this Act; or ( b ) any capital injection or other investment by the Government in the Agency in accordance with any other written law, the Agency must issue such shares or other securities to the Minister for Finance as that Minister may direct.


document_id: htstaa-2019
provision_ref: s39
chapter: PART 6 - FINANCIAL PROVISIONS
section: 39
title: Borrowing power
content:
39. —(1) The Agency cannot raise loans for the performance of its functions under this Act or any other Act administered by the Agency except in accordance with this section. (2) Subject to subsection (3), the Agency may raise loans by — ( a ) mortgage, overdraft or other means, with or without security; ( b ) charge, whether legal or equitable, on any property vested in the Agency or on any other revenue receivable by the Agency under this Act or any other written law; or ( c ) the creation and issue of debentures, bonds or any other instrument as the Minister may approve. (3) The Agency may raise loans — ( a ) from the Government; or ( b ) with the approval of the Minister, from another source, whether within or outside Singapore. (4) For the purposes of this section, the power to raise loans includes the power to make any financial agreement under which credit facilities are granted to the Agency for the purchase of goods, materials or things.


document_id: htstaa-2019
provision_ref: s40
chapter: PART 7 - GENERAL
section: 40
title: Offences by corporations
content:
40. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (6) In this section — “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: htstaa-2019
provision_ref: s41
chapter: PART 7 - GENERAL
section: 41
title: Offences by unincorporated associations or partnerships
content:
41. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: htstaa-2019
provision_ref: s42
chapter: PART 7 - GENERAL
section: 42
title: Service of documents
content:
42. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) may be served — ( a ) by giving it to the body corporate’s secretary or other similar officer, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the body corporate’s registered office or principal office in Singapore; ( c ) by sending it by fax to the fax number used at the body corporate’s registered office or principal office in Singapore; or ( d ) by sending it by email to the body corporate’s last email address. (5) Service of a document under subsection (1) takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received — on the day of transmission; ( b ) if the document is sent by email — at the time that the email becomes capable of being retrieved by the person to whom it is sent; and ( c ) if the document is sent by prepaid registered post — 2 days after the day the document was posted (even if it is returned undelivered). (6) However, service of any document under this Act on a person by email may be effected only with the person’s prior consent to service in that way. (7) This section does not apply to documents to be served in proceedings in court. (8) In this section — “business address” means — ( a ) in the case of an individual — the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership) — the partnership’s principal or last known place of business in Singapore; “document” includes a notice or an order permitted or required by this Act to be served; “last email address” means — ( a ) the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; or ( b ) the last email address of the addressee concerned known to the person giving or serving the document; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: htstaa-2019
provision_ref: s43
chapter: PART 7 - GENERAL
section: 43
title: Regulations
content:
43. The Agency may, with the approval of the Minister, make regulations prescribing matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.


document_id: htstaa-2019
provision_ref: s44
chapter: PART 8 - TRANSFER OF UNDERTAKINGS TO AGENCY
section: 44
title: Interpretation of this Part
content:
44. In this Part, unless the context otherwise requires — “asset”, in relation to the transferor, means property of any kind (whether tangible or intangible, whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether actual or contingent) of the transferor on the eve of the transfer date and includes, without limitation, any — ( a ) legal or equitable interest in real or personal property; ( b ) chose in action; ( c ) security; ( d ) money; ( e ) intellectual property; ( f ) infrastructure, plant and equipment; ( g ) records and information (including data) in any form; and ( h ) right; “liability”, in relation to the transferor, means any liability, duty or obligation (whether actual or contingent, liquidated or unliquidated, and whether owed alone or jointly, or jointly and severally with any other person) of the transferor on the eve of the transfer date; “records”, in relation to the transferor, means registers, papers, documents, minutes, receipts, books of account and other records, however compiled, recorded or stored, of the transferor existing on the eve of the transfer date; “right”, in relation to the transferor, means any right, power, privilege or immunity of the transferor on the eve of the transfer date; “transferor” means the Government; “transferring employee” means any individual who, on the eve of the transfer date, is a public officer holding a post in the Science and Technology Group of the Ministry of Home Affairs, but does not include any individual whose name is on the list of excluded individuals approved by the Minister.


document_id: htstaa-2019
provision_ref: s45
chapter: PART 8 - TRANSFER OF UNDERTAKINGS TO AGENCY
section: 45
title: Transfer of undertakings to Agency
content:
45. —(1) On the transfer date, all assets and liabilities of the transferor that relate solely to the functions of the Science and Technology Group of the Ministry of Home Affairs are transferred to the Agency. (2) When any assets or liabilities are transferred under subsection (1), the following provisions have effect: ( a ) the assets of the transferor that are the subject of the transfer vest in the Agency by virtue of this section and without the need for any further conveyance, transfer, assignment or assurance; ( b ) the liabilities of the transferor that are the subject of the transfer become by virtue of this section the liabilities of the Agency; ( c ) all legal or other proceedings relating to those assets or liabilities that are started before the transfer date by or against the transferor and pending immediately before that date are taken to be proceedings pending by or against the Agency; ( d ) any legal or other proceedings relating to those assets or liabilities which could have been started immediately before the transfer date by or against the transferor may be started by or against the Agency; ( e ) a judgment or order of a court or other tribunal obtained before the transfer date by or against the transferor relating to those assets or liabilities may be enforced by or against the Agency; ( f ) any document relating to legal or other proceedings relating to those assets or liabilities that has been served on or by the transferor before the transfer date is taken, where appropriate, to have been served on or by the Agency; ( g ) any act, matter or thing done or omitted to be done before the transfer date in relation to those assets or liabilities by, to or in respect of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Agency; ( h ) a reference in any written law, in any instrument made under any Act, in any contract, agreement, arrangement or undertaking, or in any document of any kind to the transferor, to the extent to which the reference relates to those assets or liabilities, is taken to be, or includes, a reference to the Agency. (3) The operation of this section does not — ( a ) constitute a breach of, or default under, an Act or other law, or otherwise a civil wrong or criminal wrong; ( b ) constitute a breach of duty of confidence (whether arising by contract, in equity, by custom, or in any other way); ( c ) constitute a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities or the disclosure of any information; ( d ) terminate an agreement or obligation, or fulfil any condition that allows a person to terminate any agreement or obligation, or gives rise to any right or remedy in respect of any agreement or obligation; ( e ) cause any contract or other instrument to be void or otherwise unenforceable; ( f ) frustrate any contract; ( g ) release a surety or other obligor or obligee wholly or in part from an obligation; or ( h ) constitute an event of breach of, or default under, any contract or other instrument. (4) No attornment to the Agency by a lessee from the transferor is required for the purpose of this section.


document_id: htstaa-2019
provision_ref: s46
chapter: PART 8 - TRANSFER OF UNDERTAKINGS TO AGENCY
section: 46
title: Transferring secondments and employees to Agency
content:
46. —(1) On the transfer date, every transferring employee — ( a ) stops being an employee of the transferor; and ( b ) is each transferred to the service, and becomes an employee, of the Agency on terms no less favourable than those enjoyed by the employee on the eve of the transfer date. (2) The transfer of a transferring employee to the Agency — ( a ) does not interrupt continuity of service; ( b ) does not constitute a retrenchment or redundancy; and ( c ) does not entitle any employee so transferred to any payment or other benefit merely because he or she stops being employed by the transferor. (3) A certificate purporting to be signed by the Minister certifying that an individual named in the certificate has been transferred, with effect from the transfer date, by virtue of this section to the Agency, is admissible in evidence in any proceedings as evidence of the matters stated in it. (4) Nothing in this section prevents — ( a ) any of the terms and conditions of employment of an individual transferred under this section from being altered by or under any law, award or agreement with effect from any time after the transfer date; or ( b ) an individual transferred under this section from resigning from the Agency at any time after the transfer date, in accordance with the terms and conditions of his or her employment then applicable. (5) To avoid doubt, section 18A of the Employment Act 1968 does not apply to the transfer under this Part of any transferring employee to the Agency. (6) On the transfer date, every public officer or employee of any other public body seconded to the Science and Technology Group of the Ministry of Home Affairs under either of the following that is in force on the eve of the transfer date, continues on secondment to the Agency: ( a ) an arrangement made by the transferor; ( b ) an agreement or arrangement between the transferor and a public body.


document_id: htstaa-2019
provision_ref: s47
chapter: PART 8 - TRANSFER OF UNDERTAKINGS TO AGENCY
section: 47
title: General preservation of employment terms
content:
47. —(1) The service with the Agency of an employee transferred under section 46 (called in this section a transferred employee) must be regarded for all purposes as having been continuous with the service of the employee with the transferor immediately before the transfer date. (2) On the transfer date — ( a ) a transferred employee retains all accrued rights as if employment with the Agency were a continuation of employment with the transferor; ( b ) the liabilities of the transferor relating to the transferred employee’s accrued rights to leave and superannuation become the liabilities of the Agency; and ( c ) a reference to the transferor in the contract of employment that had effect in relation to the transferred employee immediately before the transfer date is taken to be, or includes, a reference to the Agency. (3) For any conduct of the transferred employee when he or she was employed by the transferor which would have rendered the employee liable to be reprimanded, reduced in rank, retired, dismissed or punished by the transferor, the Agency may — ( a ) start any disciplinary proceedings against that employee; ( b ) carry on and complete any disciplinary proceedings started by the transferor against the transferred employee if those proceedings are pending on the eve of the transfer date; and ( c ) reprimand, reduce in rank, retire, dismiss or otherwise punish a transferred employee, as if the employee were not transferred. (4) Where, on the eve of the transfer date, any matter about the conduct of a transferred employee during his or her employment with the transferor — ( a ) was in the course of being heard or investigated by a committee of the transferor acting under due authority; or ( b ) had been heard or investigated by a committee of the transferor acting under due authority but no order, ruling or direction had been made, that committee must complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before the transfer date, and that order, ruling or direction is to be regarded as an order, ruling or direction of the Agency. (5) Until such time as conditions of employment are drawn up by the Agency for a transferred employee, the transferred employee is to be regarded as being employed by the Agency on the same conditions of his or her employment with the transferor on the eve of the transfer date. (6) Any condition of employment relating to the length of service with the Agency must recognise the length of service of the employees so transferred while in the employment of the transferor (including any previous service of the employee taken to be service with the transferor) to be service with the Agency. (7) Nothing in section 46(6) — ( a ) breaks the continuity of service of the public officer or employee of another public body whose secondment continues with the Agency because of that provision; or ( b ) affects any rights, powers or immunities that such a public officer or an employee of a public body has, or the extent to which such public officer or employee (as the case may be) is subject to obligations or liabilities in relation to discipline, by virtue of holding the office or position to which the public officer or employee is seconded.


document_id: htstaa-2019
provision_ref: s48
chapter: PART 8 - TRANSFER OF UNDERTAKINGS TO AGENCY
section: 48
title: Transfer of records
content:
48. On the transfer date, every record, or part of any record, of the transferor that relates to the following becomes the record of the Agency: ( a ) any asset or liability transferred to the Agency under section 45; ( b ) any transferring employee.


document_id: htstaa-2019
provision_ref: s49
chapter: PART 8 - TRANSFER OF UNDERTAKINGS TO AGENCY
section: 49
title: Confirmation of transfer
content:
49. —(1) If any dispute arises — ( a ) as to whether an asset or a liability or a record is transferred under section 45 or 48; or ( b ) as to whether any, or any part of any, contract or document relates to an asset or a liability or a record, transferred under section 45 or 48, the Minister for Finance may determine the matter and is to provide the concerned parties with written notice of that determination. (2) The determination of the Minister for Finance under subsection (1) is final and binding on the transferor and the Agency.


document_id: hwceita-1997
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Antarctica” means the area south of 60&#186; South latitude, including all ice shelves in that area; “Article 11 arrangement” has the meaning given to it by section 7; “authorised officer” means a person appointed under section 16 as an authorised officer; “Basel Convention” means the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal and any amendment or protocol to the Convention that has come into force and has been accepted by the Government, a copy of the English text of which is set out in the Schedule; “Basel export permit” means a permit given in accordance with the Basel Convention permitting the export of hazardous or other waste; “Basel import permit” means a permit given in accordance with the Basel Convention permitting the import of hazardous or other waste; “Basel permit” means a Basel export permit, a Basel import permit or a Basel transit permit; “Basel transit permit” means a permit given in accordance with the Basel Convention permitting the carrying out of one or more transit proposals relating to hazardous or other waste; “competent authority”, in relation to a foreign country, means — ( a ) if the country is a party to the Basel Convention — the competent authority of the country within the meaning of the Basel Convention; and ( b ) otherwise — a person or an organisation that officially represents the country; “deal with”, in relation to hazardous or other waste, includes dispose of; “Director‑General” means the Director‑General of Environmental Protection appointed under section 3(1) of the Environmental Protection and Management Act 1999; “disposal” means an operation specified in Annex IV to the Basel Convention; “environmentally sound management”, in relation to hazardous or other waste, has the meaning given by section 8; “export permit” means a Basel export permit or a special export permit; “export proposal” means a proposal to export hazardous or other waste and to deal with it outside Singapore; “foreign country” includes — ( a ) a colony, overseas territory, overseas province or protectorate of a foreign country; ( b ) a territory outside Singapore, where a foreign country is to any extent responsible for the international relations of the territory; and ( c ) a territory outside Singapore that is to some extent self-governing, but that is not recognised as an independent sovereign state by Singapore; “holder”, in relation to a Basel permit or a special permit, means the person to whom the permit was granted; “household waste” means waste collected from households, but does not include such waste as may be specified in any regulations made under this Act; “import permit” means a Basel import permit or a special import permit; “import proposal” means a proposal to import hazardous or other waste and to deal with it in Singapore; “permit application” means an application for a Basel or special permit; “permit condition” means a condition specified in — ( a ) a Basel permit; ( b ) a notice specified in any regulations made under section 17 varying a Basel permit; ( c ) a special permit; or ( d ) a notice under a set of Article 11 regulations varying a special permit; “platform” includes any structure at sea, whether fixed or not fixed, but does not include a vessel; “premises” includes any place, whether or not enclosed or built on; “relevant person”, in relation to a searchable place, means — ( a ) in the case of premises in Singapore — the occupier of the premises; and ( b ) in any other case — the person in command or control, or who appears to be in command or control, of the place; “searchable place” means — ( a ) any premises in Singapore; ( b ) an aircraft, a vehicle or a vessel within the jurisdiction of Singapore; ( c ) a Singapore aircraft; ( d ) a Singapore platform; or ( e ) a Singapore vessel; “set of Article 11 regulations” has the meaning given by section 19(3); “Singapore aircraft” means an aircraft that is registered in Singapore; “Singapore platform” means a platform — ( a ) that is fixed to the seabed or subsoil beneath Singapore waters; or ( b ) that is otherwise operating in Singapore waters; “Singapore vessel” means a vessel that is registered in Singapore; “Singapore waters” means the following waters: ( a ) the whole of the sea within the seaward limits of the territorial waters of Singapore; and ( b ) all other waters (including inland waters) which are within these limits and are subject to the ebb and flow of the ordinary tides; “special export permit” means a permit under a set of Article 11 regulations permitting the export of hazardous or other waste; “special import permit” means a permit under a set of Article 11 regulations permitting the import of hazardous or other waste; “special permit” means a special export permit, a special import permit or a special transit permit; “special transit permit” means a permit under a set of Article 11 regulations permitting the carrying out of one or more transit proposals relating to hazardous or other waste; “through bill of lading” or “through airway bill” means a bill of lading or airway bill, as the case may be, for the consignment of goods from a place outside Singapore to a final destination outside Singapore without a consignee in Singapore; “transit permit” means a Basel transit permit or a special transit permit; “transit proposal” has the meaning given by section 6; “vessel” means anything capable of carrying persons or goods through or on water, and includes an air-cushion vehicle or similar craft; “waste” means a substance or object that is — ( a ) proposed to be disposed of; ( b ) disposed of; or ( c ) required by any written law to be disposed of. [6/2020] (2) In this Act — ( a ) a reference to this Act includes a reference to regulations made under this Act; ( b ) a reference to an offence under this Act includes a reference to an attempt or conspiracy to commit an offence under this Act or an abetment of an offence under this Act; ( c ) “within the jurisdiction of Singapore” means within or over Singapore or Singapore waters.


document_id: hwceita-1997
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Treatment of colonies, etc.
content:
3. —(1) For the purposes of this Act, if — ( a ) a territory is covered by either of the following subparagraphs: (i) a colony, overseas territory, overseas province or protectorate of a foreign country; (ii) a territory outside Singapore, where a foreign country is to any extent responsible for the international relations of the territory; ( b ) the foreign country is a party to the Basel Convention; and ( c ) the territory is not specified in any regulations made under this Act, the territory is taken to be a party to the Basel Convention. (2) For the purposes of this Act, if a territory is covered by any of the following paragraphs: ( a ) a colony, overseas territory, overseas province or protectorate of a foreign country; ( b ) a territory outside Singapore, where a foreign country is to any extent responsible for the international relations of the territory; or ( c ) a territory outside Singapore that is to some extent self‑governing, but that is not recognised as an independent sovereign state by Singapore, a person or an organisation that officially represents the territory is taken to be a competent authority of the territory. (3) Subsection (2) has effect despite anything in the definition of “competent authority” in section 2(1).


document_id: hwceita-1997
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Meaning of hazardous and other wastes
content:
4. Subject to section 5, for the purposes of this Act — ( a ) “hazardous waste” means — (i) waste prescribed by any regulations made under this Act, where the waste has any of the characteristics mentioned in Annex III to the Basel Convention; or (ii) waste that belongs to any category contained in Annex I to the Basel Convention, unless it does not possess any of the characteristics contained in Annex III to that Convention; ( b ) “other waste” means waste that belongs to any category contained in Annex II to the Basel Convention, but hazardous and other wastes do not include wastes which derive from the normal operations of a ship and radioactive wastes. [6/2020]


document_id: hwceita-1997
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Exports and transits to foreign countries — extended meaning of hazardous and other wastes
content:
5. —(1) This section has effect for the purposes of the application of this Act — ( a ) to the export or proposed export of a substance or object to a particular foreign country; or ( b ) to, or to the carrying out of, a transit proposal that involves the taking out of Singapore of a substance or object to a particular foreign country. (2) If — ( a ) the foreign country is a party to the Basel Convention; and ( b ) the prescribed website of the Secretariat of the Basel Convention states that the particular substance or object is, in particular circumstances, classified as hazardous or other waste under a law of that foreign country that gives effect to the Basel Convention, then that substance or object is, in those circumstances, hazardous or other waste for those purposes. [6/2020] (3) If — ( a ) the foreign country is a party to the Basel Convention; ( b ) the Minister is satisfied that, under a law of that country that gives effect to the Basel Convention, the particular substance or object is, in particular circumstances, classified as hazardous or other waste; and ( c ) apart from this section, the particular substance or object is not hazardous or other waste, the Minister must, by notification in the Gazette , declare that the substance or object is, in those circumstances, hazardous or other waste for those purposes. (4) If — ( a ) the Minister is satisfied that the foreign country classifies particular waste collected from the households as hazardous or other waste; and ( b ) apart from this section, the waste is not hazardous waste, the Minister must, by notification in the Gazette , declare that the waste is hazardous or other waste for those purposes. (5) A declaration under this section has effect accordingly. (6) The Minister must revoke a declaration made under this section if the Minister ceases to be satisfied of the matter referred to in subsection (3)( b ) or (4)( a ), as the case may be. (7) The revocation of a declaration must be published in the Gazette .


document_id: hwceita-1997
provision_ref: s6
chapter: PART 1 - PRELIMINARY
section: 6
title: Transit proposals
content:
6. —(1) This section sets out the proposals that are transit proposals for the purposes of this Act. (2) A proposal — ( a ) to bring hazardous or other waste into Singapore for the purpose of being carried to a foreign country either by the same or another conveyance; and ( b ) if the waste is brought into Singapore by sea or air, the carriage is on a through bill of lading or through airway bill, is a transit proposal so long as it is not proposed to dispose of the waste in Singapore.


document_id: hwceita-1997
provision_ref: s7
chapter: PART 1 - PRELIMINARY
section: 7
title: Article 11 arrangements
content:
7. —(1) If — ( a ) Singapore has entered into an agreement or arrangement; and ( b ) the Minister is satisfied that the agreement or arrangement is of a kind mentioned in Article 11 of the Basel Convention, the Minister must, by notice in the Gazette , declare that the agreement or arrangement is an Article 11 arrangement for the purposes of this Act. (2) A declaration under this section has effect accordingly. (3) The Minister must revoke a declaration made under this section if the Minister ceases to be satisfied of the matter referred to in subsection (1)( b ). (4) A revocation made under subsection (3) must be published in the Gazette .


document_id: hwceita-1997
provision_ref: s8
chapter: PART 1 - PRELIMINARY
section: 8
title: Environmentally sound management of hazardous or other waste
content:
8. A reference in this Act to the environmentally sound management of hazardous or other waste is a reference to taking all practicable steps to ensure that the waste is managed in a manner that will protect human health and the environment against the adverse effects that may result from the waste.


document_id: hwceita-1997
provision_ref: s9
chapter: PART 1 - PRELIMINARY
section: 9
title: Article 11 arrangements — substances taken to be hazardous or other waste
content:
9. —(1) This section has effect for the purposes of the application of this Act — ( a ) to the import or proposed import of a substance or object from a particular foreign country; ( b ) to the export or proposed export of a substance or object to a particular foreign country; or ( c ) to, or to the carrying out of, a transit proposal that involves the taking out of Singapore of a substance or object to a particular foreign country. (2) If — ( a ) the country is a party to an Article 11 arrangement; ( b ) the substance or object is subject to notification or control under the arrangement; and ( c ) apart from this section, the substance or object is not hazardous or other waste, the substance or object is taken to be hazardous or other waste for those purposes.


document_id: hwceita-1997
provision_ref: s10
chapter: PART 1 - PRELIMINARY
section: 10
title: Article 11 arrangements — substances not classified as hazardous or other waste
content:
10. —(1) This section has effect for the purposes of the application of this Act — ( a ) to the import or proposed import of a substance or object from a particular foreign country; ( b ) to the export or proposed export of a substance or object to a particular foreign country; or ( c ) to, or to the carrying out of, a transit proposal that involves the taking out of Singapore of a substance or object to a particular foreign country. (2) If — ( a ) the country is a party to an Article 11 arrangement; and ( b ) the arrangement expressly provides that the substance or object is not subject to notification or control under the arrangement, the substance or object is taken not to be hazardous or other waste for those purposes.


document_id: hwceita-1997
provision_ref: s11
chapter: PART 1 - PRELIMINARY
section: 11
title: Time limit for compliance with permit condition
content:
11. —(1) For the purposes of this Act, if — ( a ) the Director-General specifies the day on or before which a permit condition relating to a Basel or special permit is to be complied with; and ( b ) the condition is not complied with on or before that day, the holder of the permit is taken to have breached the condition at the end of that day. [6/2020] (2) For the purposes of this Act, if — ( a ) under a set of Article 11 regulations, the Minister specifies the day on or before which a permit condition relating to a special permit is to be complied with; and ( b ) the condition is not complied with on or before that day, the holder of the permit is taken to have breached that condition at the end of that day.


document_id: hwceita-1997
provision_ref: s12
chapter: PART 1 - PRELIMINARY
section: 12
title: Exemption of naval vessels, military aircraft, etc.
content:
12. This Act does not apply to or in relation to any vessel or aircraft belonging to the naval, military or air forces of Singapore or any other country.


document_id: hwceita-1997
provision_ref: s14
chapter: PART 1 - PRELIMINARY
section: 14
title: Other written laws not affected
content:
14. This Act is in addition to, and not in derogation of or substitution for, any other written law, whether enacted before or after 16 March 1998.


document_id: hwceita-1997
provision_ref: s15
chapter: PART 2 - ADMINISTRATION
section: 15
title: Administration of Act
content:
15. —(1) The Director‑General is, subject to any general or special directions of the Minister, responsible for the administration of this Act. [6/2020] (2) The Director‑General may, with the approval of the Minister, delegate the exercise of all or any of the powers conferred or duties imposed on the Director‑General by this Act (except the power of delegation conferred by this subsection) to any authorised officer, subject to such conditions or limitations as the Director‑General may specify. [6/2020]


document_id: hwceita-1997
provision_ref: s16
chapter: PART 2 - ADMINISTRATION
section: 16
title: Appointment of authorised officers
content:
16. —(1) The Director‑General may, by writing, appoint for the purposes of this Act — ( a ) an eligible person to be an authorised officer; or ( b ) a class of eligible persons to be authorised officers. [6/2020] (2) A person who is an authorised officer ceases to be an authorised officer if the person ceases to be an eligible person. (3) For the purposes of this section, an eligible person is any public officer or any officer of a statutory body.


document_id: hwceita-1997
provision_ref: s17
chapter: PART 3 - IMPORT, EXPORT AND TRANSIT PERMITS
section: 17
title: Regulations to give effect to Basel Convention
content:
17. The Minister may make regulations to provide for and in relation to giving effect to — ( a ) the Basel Convention; and ( b ) any amendment or protocol to the Basel Convention that has come into force and has been accepted by the Government.


document_id: hwceita-1997
provision_ref: s18
chapter: PART 3 - IMPORT, EXPORT AND TRANSIT PERMITS
section: 18
title: Contents of regulations made to give effect to Basel Convention
content:
18. —(1) Any regulations made under section 17 to give effect to the Basel Convention may — ( a ) specify the kinds of import proposals, export proposals and transit proposals that are within the scope of the Basel Convention; ( b ) provide for the application to the Director‑General for import permits and the granting of import permits by the Director‑General authorising the import of hazardous and other waste, where the permit relates to an import proposal within the scope of the Basel Convention; ( c ) provide for the application to the Director‑General for export permits and the granting of export permits by the Director‑General authorising the export of hazardous or other waste, where the permit relates to an export proposal within the scope of the Basel Convention; and ( d ) provide for the application to the Director‑General for transit permits and the granting of transit permits by the Director‑General authorising the carrying out of transit proposals within the scope of the Basel Convention. [6/2020] (2) Such regulations may provide for — ( a ) conditions of the Basel permits, including the giving of guarantees and security deposits, and for securing compliance with such conditions; and ( b ) the revocation, surrender and variation of Basel permits. (3) This section does not, by implication, limit sections 17 and 48.


document_id: hwceita-1997
provision_ref: s19
chapter: PART 3 - IMPORT, EXPORT AND TRANSIT PERMITS
section: 19
title: Regulations to give effect to Article 11 arrangements
content:
19. —(1) The Minister may make regulations to provide for and in relation to giving effect to — ( a ) an Article 11 arrangement; and ( b ) an amendment of an Article 11 arrangement. (2) Regulations made for the purposes of this section do not come into operation before — ( a ) the arrangement enters into force, or comes into effect, for Singapore; or ( b ) the amendment enters into force, or comes into effect, for Singapore, as the case requires. (3) Regulations made for the purposes of this section that give effect to a particular Article 11 arrangement, including regulations that give effect to an amendment of the Article 11 arrangement, are called a set of Article 11 regulations.


document_id: hwceita-1997
provision_ref: s20
chapter: PART 3 - IMPORT, EXPORT AND TRANSIT PERMITS
section: 20
title: Contents of set of Article 11 regulations
content:
20. —(1) Each set of Article 11 regulations may — ( a ) specify the kinds of import proposals, export proposals and transit proposals that are within the scope of that set of regulations; ( b ) provide for the application to the Director‑General for import permits and the granting of import permits by the Director‑General authorising the import of hazardous or other waste, where the permit relates to an import proposal within the scope of that set of regulations; ( c ) provide for the application to the Director‑General for export permits and the granting of export permits by the Director‑General authorising the export of hazardous or other waste, where the permit relates to an export proposal within the scope of that set of regulations; and ( d ) provide for the application to the Director‑General for transit permits and the granting of transit permits by the Director‑General authorising the carrying out of transit proposals within the scope of that set of regulations. [6/2020] (2) A set of Article 11 regulations may provide for — ( a ) conditions of special permits, including the giving of guarantees and security deposits, and for securing compliance with such conditions; and ( b ) the revocation, surrender and variation of special permits. (3) This section does not, by implication, limit sections 19 and 48.


document_id: hwceita-1997
provision_ref: s21
chapter: PART 3 - IMPORT, EXPORT AND TRANSIT PERMITS
section: 21
title: When special permit may be granted under set of Article 11 regulations
content:
21. —(1) If — ( a ) a person applies for a special import permit in relation to an import proposal that is within the scope of a particular set of Article 11 regulations; and ( b ) the proposal is within the scope of another set of Article 11 regulations, the Director‑General must not grant the permit unless he or she is satisfied that the corresponding requirements of the other set of regulations have been met in relation to the proposal. [6/2020] (2) For the purposes of subsection (1), a corresponding requirement of a particular set of Article 11 regulations is a requirement under that set of regulations that — ( a ) must be met before granting a special import permit under that set of regulations; and ( b ) is declared by the regulations to be a corresponding requirement for the purposes of this subsection. (3) Subsection (1) does not prevent the set of Article 11 regulations mentioned in subsection (1)( a ) from setting out other requirements that must be met before granting a special import permit under that set of regulations. (4) If — ( a ) a person applies for a special export permit in relation to an export proposal that is within the scope of a particular set of Article 11 regulations; and ( b ) the proposal is within the scope of another set of Article 11 regulations, the Director-General must not grant the permit unless he or she is satisfied that the corresponding requirements of the other set of regulations have been met in relation to the proposal. [6/2020] (5) For the purposes of subsection (4), a corresponding requirement of a particular set of Article 11 regulations is — ( a ) a requirement under that set of regulations to obtain the consent (whether actual or constructive) of an authority of a foreign country before granting a special export permit under that set of regulations authorising the export of hazardous or other waste to that country; or ( b ) another requirement under that set of regulations that — (i) must be met before granting a special export permit under that set of regulations; and (ii) is declared by the regulations to be a corresponding requirement for the purposes of this subsection. (6) Subsection (4) does not prevent the set of Article 11 regulations mentioned in subsection (5)( a ) from setting out other requirements that must be met before granting a special export permit under that set of regulations. (7) If — ( a ) a person applies for a special transit permit in relation to a transit proposal that is within the scope of a particular set of Article 11 regulations; and ( b ) the proposal is within the scope of another set of Article 11 regulations, the Director-General must not grant the permit unless he or she is satisfied that the corresponding requirements of the other set of regulations have been met in relation to the proposal. [6/2020] (8) For the purposes of subsection (7), a corresponding requirement of a particular set of Article 11 regulations is — ( a ) a requirement under that set of regulations to obtain the consent (whether actual or constructive) of an authority of a foreign country before granting a special transit permit under that set of regulations authorising the carrying out of a transit proposal that involves the taking out of Singapore of hazardous or other waste to that country; or ( b ) another requirement under that set of regulations that — (i) must be met before granting a special transit permit under that set of regulations; and (ii) is declared by the regulations to be a corresponding requirement for the purposes of this subsection. (9) Subsection (7) does not prevent the set of Article 11 regulations mentioned in subsection (8)( a ) from setting out other requirements that must be met before granting a special transit permit under that set of regulations.


document_id: hwceita-1997
provision_ref: s22
chapter: PART 3 - IMPORT, EXPORT AND TRANSIT PERMITS
section: 22
title: When Basel permit may be granted
content:
22. —(1) If — ( a ) a person applies for a Basel import permit in relation to an import proposal; and ( b ) the proposal is within the scope of a particular set of Article 11 regulations, the Director-General must not grant the permit unless he or she is satisfied that the corresponding requirements of that set of regulations have been met in relation to the proposal. [6/2020] (2) For the purposes of subsection (1), a corresponding requirement of a particular set of Article 11 regulations is a requirement under that set of regulations that — ( a ) must be met before granting a special import permit under that set of regulations; and ( b ) is declared by the regulations to be a corresponding requirement for the purposes of this subsection. (3) If — ( a ) a person applies for a Basel export permit in relation to an export proposal; and ( b ) the proposal is within the scope of a particular set of Article 11 regulations, the Director-General must not grant the permit unless he or she is satisfied that the corresponding requirements of that set of regulations have been met in relation to the proposal. [6/2020] (4) For the purposes of subsection (3), a corresponding requirement of a particular set of Article 11 regulations is — ( a ) a requirement under that set of regulations to obtain the consent (whether actual or constructive) of an authority of a foreign country before granting a special export permit under that set of regulations authorising the export of hazardous or other waste to that country; or ( b ) another requirement under that set of regulations that — (i) must be met before granting a special export permit under that set of regulations; and (ii) is declared by the regulations to be a corresponding requirement for the purposes of this subsection. (5) If — ( a ) a person applies for a Basel transit permit in relation to a transit proposal; and ( b ) the proposal is within the scope of a particular set of Article 11 regulations, the Director-General must not grant the permit unless he or she is satisfied that the corresponding requirements of that set of regulations have been met in relation to the proposal. [6/2020] (6) For the purposes of subsection (5), a corresponding requirement of a particular set of Article 11 regulations is — ( a ) a requirement under that set of regulations to obtain the consent (whether actual or constructive) of an authority of a foreign country before granting a special transit permit under that set of regulations authorising the carrying out of a transit proposal that involves the taking out of Singapore of hazardous or other waste to that country; or ( b ) another requirement under that set of regulations that — (i) must be met before granting a special transit permit under that set of regulations; and (ii) is declared by the regulations to be a corresponding requirement for the purposes of this subsection.


document_id: hwceita-1997
provision_ref: s23
chapter: PART 3 - IMPORT, EXPORT AND TRANSIT PERMITS
section: 23
title: Prohibition of bringing waste into Antarctica
content:
23. The Director-General must not grant a Basel permit or special permit if he or she is satisfied that the grant could result in hazardous or other waste being brought into Antarctica. [6/2020]


document_id: hwceita-1997
provision_ref: s24
chapter: PART 3 - IMPORT, EXPORT AND TRANSIT PERMITS
section: 24
title: Applications and notices to be accompanied by fees
content:
24. —(1) Any regulations made under this Act may prescribe fees to be paid in relation to applications and notices given to the Director‑General under this Act. [6/2020] (2) An application or a notice given to the Director‑General under this Act must be accompanied by the prescribed fee, if any. [6/2020] (3) If an application or a notice given to the Director‑General under this Act is not accompanied by the prescribed fee (if any), the application or notice is taken not to have been received by the Director‑General until the fee has been paid. [6/2020] (4) The Director-General may determine in writing that the prescribed fee payable in relation to a specified application or a specified notice is reduced by a specified amount. [6/2020] (5) The determination has effect accordingly.


document_id: hwceita-1997
provision_ref: s25
chapter: PART 4 - REGULATION OF IMPORT, EXPORT AND TRANSIT OF
section: 25
title: Prohibition of import
content:
25. —(1) A person must not import hazardous or other waste unless — ( a ) the person is the holder of an import permit authorising the person to import the waste; ( b ) the import is authorised by an order made under any regulation made under Part 3; or ( c ) the import has been ordered under any regulation made under Part 3. (2) The holder of an import permit must not — ( a ) import the hazardous or other waste to which the permit relates except in accordance with the permit; or ( b ) whether before or after importing the hazardous or other waste to which the permit relates, breach any of the permit conditions. (3) A person authorised by an order made under any regulation made under Part 3 to import hazardous or other waste must not import or deal with the waste except in accordance with the order. (4) Any person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of a body corporate, to a fine not exceeding $300,000; or ( b ) in the case of an individual, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: hwceita-1997
provision_ref: s26
chapter: PART 4 - REGULATION OF IMPORT, EXPORT AND TRANSIT OF
section: 26
title: Prohibition of export
content:
26. —(1) A person must not export hazardous or other waste unless — ( a ) the person is the holder of an export permit authorising the person to export the waste; or ( b ) the export has been ordered under any regulation made under Part 3. (2) The holder of an export permit must not — ( a ) export the hazardous or other waste to which the permit relates except in accordance with the permit; or ( b ) whether before or after exporting the hazardous or other waste to which the permit relates, breach any of the permit conditions. (3) 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 a body corporate, to a fine not exceeding $300,000; or ( b ) in the case of an individual, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: hwceita-1997
provision_ref: s27
chapter: PART 4 - REGULATION OF IMPORT, EXPORT AND TRANSIT OF
section: 27
title: Prohibition of bringing waste into Singapore in course of carrying out transit proposal
content:
27. —(1) A person must not bring hazardous or other waste into Singapore in the course of carrying out a transit proposal unless the person is the holder of a transit permit authorising the person to bring the waste into Singapore. (2) The holder of a transit permit must not — ( a ) bring into Singapore the hazardous or other waste to which the permit relates except in accordance with the permit; ( b ) take out of Singapore the hazardous or other waste to which the permit relates except in accordance with the permit; or ( c ) whether before or after bringing into Singapore the hazardous or other waste to which the permit relates, breach any of the permit conditions. (3) 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 a body corporate, to a fine not exceeding $300,000; or ( b ) in the case of an individual, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: hwceita-1997
provision_ref: s28
chapter: PART 5 - ENFORCEMENT
section: 28
title: Injunctions
content:
28. —(1) Where a person has engaged, is engaging, or is proposing to engage, in any conduct that constituted, constitutes or would constitute an offence under this Act, the court may, on the application of the Director-General or any other person, grant an injunction — ( a ) restraining the person from engaging in the conduct; and ( b ) if in the opinion of the court it is desirable to do so, requiring the person to do anything. [6/2020] (2) Where — ( a ) a person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do anything; and ( b ) the refusal or failure was, is, or would be, an offence under this Act, the court may, on the application of the Director‑General or any other person, grant an injunction requiring the person to do the thing. [6/2020] (3) If in the opinion of the court it is desirable to do so, the court may grant an interim injunction pending determination of an application under subsection (1). (4) The court may discharge or vary an injunction granted under this section. (5) The power of the court to grant an injunction under this section restraining a person from engaging in any conduct may be exercised — ( a ) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; ( b ) whether or not the person has previously engaged in conduct of that kind; and ( c ) whether or not there is a significant risk of injury or damage to human beings or the environment if the person engages, or continues to engage, in conduct of that kind. (6) The power of the court to grant an injunction under this section requiring a person to do a thing may be exercised — ( a ) whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do the thing; ( b ) whether or not the person has previously refused or failed to do the thing; and ( c ) whether or not there is a significant risk of injury or damage to human beings or the environment if the person refuses or fails, or continues to refuse or fail, to do the thing. (7) Where the Director-General or any other person makes an application to the court for the grant of an injunction under this section, the court is not to require the Director‑General or that other person, as a condition for granting an interim injunction, to give any undertaking as to damages. [6/2020] (8) The powers conferred on the court by this section are in addition to, and not in derogation of, any other powers of the court.


document_id: hwceita-1997
provision_ref: s29
chapter: PART 5 - ENFORCEMENT
section: 29
title: Power to obtain information
content:
29. —(1) The Director‑General may, by written notice served on any person, require that person to provide the Director‑General, within the time and in the form specified in the notice, any information specified in the notice which the Director‑General may reasonably require for the purpose of exercising and performing his or her functions, duties or powers under this Act. [6/2020] (2) A person who — ( a ) fails without reasonable excuse to comply with any of the requirements of a notice served on the person under subsection (1); or ( b ) in purported compliance with such a notice — (i) makes any statement to the Director‑General which the person knows to be incorrect in a material respect; (ii) recklessly makes any statement to the Director‑General which is incorrect in a material respect; or (iii) knowingly omits any material particular, 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. [6/2020]


document_id: hwceita-1997
provision_ref: s30
chapter: PART 5 - ENFORCEMENT
section: 30
title: Power to control movement of vessels, aircraft and vehicles, etc.
content:
30. —(1) This section applies if the Director‑General or an authorised officer has reasonable grounds for suspecting that there is in or on — ( a ) a Singapore vessel or Singapore aircraft; or ( b ) a vessel, an aircraft or a vehicle that is within the jurisdiction of Singapore, hazardous or other waste that is to be, or that has been, imported, exported or the subject of a transit proposal. [6/2020] (2) If this section applies in relation to a vessel, the Director‑General or an authorised officer may require the master or the person in command or charge, or who appears to be in command or charge, of the vessel to do one or more of the following things: ( a ) ensure that the vessel does not remain within, or does not come within, as the case requires, the jurisdiction of Singapore; ( b ) ensure that the vessel is brought to a specified place to which it is safe and practicable to bring the vessel; ( c ) ensure that the vessel remains at a specified place until the Director‑General or the authorised officer permits the vessel to leave; ( d ) arrange for goods being carried on the vessel to be unloaded; ( e ) ensure that goods being carried on the vessel are not unloaded until the Director‑General or the authorised officer permits their unloading. [6/2020] (3) If this section applies in relation to an aircraft, the Director‑General or an authorised officer may require the person in command or control, or who appears to be in command or control, of the aircraft to do one or more of the following things: ( a ) ensure that the aircraft does not remain within, or does not come within, as the case requires, the jurisdiction of Singapore; ( b ) ensure that the aircraft is landed at a specified airport at which it is safe and practicable to land the aircraft; ( c ) ensure that the aircraft remains at a specified airport until the Director‑General or the authorised officer permits the aircraft to leave; ( d ) arrange for goods being carried on the aircraft to be unloaded; ( e ) ensure that goods being carried on the aircraft are not unloaded until the Director‑General or the authorised officer permits their unloading. [6/2020] (4) If this section applies in relation to a vehicle, the Director‑General or an authorised officer may require the person in command or control, or who appears to be in command or control, of the vehicle to do one or more of the following things: ( a ) ensure that the vehicle does not remain within the jurisdiction of Singapore; ( b ) ensure that the vehicle is brought to a specified place in which it is safe and practicable to park the vehicle; ( c ) ensure that the vehicle remains at the specified place until the Director‑General or an authorised officer permits the vehicle to leave; ( d ) arrange for goods being carried in or on the vehicle to be unloaded; ( e ) ensure that goods being carried in or on the vehicle are not unloaded until the Director‑General or an authorised officer permits their unloading. [6/2020] (5) The Director‑General or an authorised officer may communicate a requirement under this section by means of — ( a ) an international signal code; ( b ) if the requirement relates to a vessel, any other internationally recognised means of communication with a vessel; ( c ) if the requirement relates to an aircraft, any other internationally recognised means of communication with an aircraft; or ( d ) if the requirement relates to a vehicle, a written notice given to the person in command or control, or who appears to be in command or control, of the vehicle. [6/2020] (6) Any person who refuses or fails, without reasonable excuse, to comply with a requirement made under this section 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. (7) It is a reasonable excuse for the person to refuse or fail to comply with the requirement if complying with the requirement would have endangered the person or any other person.


document_id: hwceita-1997
provision_ref: s31
chapter: PART 5 - ENFORCEMENT
section: 31
title: Powers of entry and search
content:
31. —(1) The Director‑General or an authorised officer may, for the purposes of this Act — ( a ) enter or board a searchable place; and ( b ) exercise the powers set out in section 32(1) and (2), without being liable to any legal proceedings or molestation on account of such entry or of anything done in part of that searchable place pursuant to this Act. [6/2020] (2) The Director‑General or an authorised officer must not, pursuant to this section, enter into any dwelling house in actual occupation, unless with the consent of the occupier of the dwelling house or with 6 hours’ previous notice to the occupier. [6/2020] (3) If it is shown to the satisfaction of the court that admission to any searchable place has been refused or that the searchable place is unoccupied or the owner or occupier is absent (whether temporarily or permanently) and that the case is one of urgency, the court may by warrant authorise the Director‑General or an authorised officer to enter the premises, if need be by force. [6/2020] (4) The Director‑General or an authorised officer who is permitted by this section to enter or board a vessel, aircraft or vehicle may, for the purpose of effecting the entry or boarding and for the purpose of exercising any powers that the Director‑General or authorised officer is permitted to exercise, stop and detain the vessel, aircraft or vehicle. [6/2020]


document_id: hwceita-1997
provision_ref: s32
chapter: PART 5 - ENFORCEMENT
section: 32
title: General powers of Director‑General on entering or boarding searchable places
content:
32. —(1) The Director‑General or an authorised officer may, on entering or boarding a searchable place, exercise the following powers under section 31(1)( b ): ( a ) to search any part of the place; ( b ) to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, any structure, plant, substance or other thing in or on the place; ( c ) to seal the samples and require the owner of the materials to send the samples to an analyst and to bear any cost and expenses arising from the analysis; ( d ) to require the owner or analyst to submit the results of the analysis to the Director‑General or authorised officer; ( e ) to take extracts from, and make copies of, any document relating to any hazardous or other waste in or on the place; ( f ) to take such photographs as he or she thinks necessary for the purposes of this Act; ( g ) to require any person in or on the place or the relevant person to — (i) answer any question put by the Director‑General or authorised officer; and (ii) produce any books, records or documents requested by the Director‑General or authorised officer; ( h ) to take into or onto the place such equipment and materials as the Director‑General or authorised officer requires for the purpose of exercising any power in relation to the place. [6/2020] (2) If the Director‑General or authorised officer enters or boards the searchable place and finds anything (called in this section the evidence) that may afford evidence of the commission of an offence under this Act, the following provisions have effect: ( a ) the Director‑General or authorised officer may seize the evidence; ( b ) the Director‑General or authorised officer may keep the evidence — (i) pending an order of court made under this Act in regard to the disposal of the evidence; or (ii) if a prosecution for an offence under this Act in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceedings for the offence and of any appeal from the decision in relation to the proceedings; ( c ) if the evidence is a book, record or document, while the Director‑General or authorised officer has possession of the evidence, the Director‑General or authorised officer must allow the evidence to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the possession of the Director‑General or authorised officer. [6/2020] (3) A person who refuses or fails, without reasonable excuse, to comply with a requirement made under subsection (1)( d ) or ( g ) 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. (4) It is a reasonable excuse for a person to refuse or fail to answer a question or produce a document if answering the question, or producing the document, might tend to incriminate the person.


document_id: hwceita-1997
provision_ref: s33
chapter: PART 5 - ENFORCEMENT
section: 33
title: Production of Basel permits or special permits and orders
content:
33. —(1) This section applies if the Director‑General or an authorised officer has reasonable grounds for suspecting that a person (called in this section the suspected person) — ( a ) intends to import or export hazardous or other waste; ( b ) is importing or exporting hazardous or other waste; or ( c ) has imported or exported hazardous or other waste. [6/2020] (2) The Director-General or authorised officer may require the suspected person to produce, or to produce evidence of the existence and contents of — ( a ) a Basel permit or special permit authorising the import or export; or ( b ) an order made under this Act authorising or requiring the import or export. [6/2020] (3) Any suspected person who refuses or fails, without reasonable excuse, to comply with the requirement in subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.


document_id: hwceita-1997
provision_ref: s34
chapter: PART 5 - ENFORCEMENT
section: 34
title: Production of transit permits
content:
34. —(1) This section applies if the Director‑General or an authorised officer has reasonable grounds for suspecting that a person (called in this section the suspected person) — ( a ) intends to carry out a transit proposal; ( b ) is carrying out a transit proposal; or ( c ) has carried out a transit proposal. [6/2020] (2) The Director-General or authorised officer may require the suspected person to produce, or to produce evidence of the existence and contents of, a transit permit authorising the carrying out of the transit proposal. [6/2020] (3) Any suspected person who refuses or fails, without reasonable excuse, to comply with the requirement in subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.


document_id: hwceita-1997
provision_ref: s35
chapter: PART 5 - ENFORCEMENT
section: 35
title: Assistance to Director-General
content:
35. —(1) The Director-General or an authorised officer who proposes to exercise powers under this Part in relation to a searchable place may require the relevant person in relation to the place to provide reasonable assistance to the Director‑General or authorised officer in relation to the exercise of those powers. [6/2020] (2) Any relevant person who refuses or fails, without reasonable excuse, to comply with the requirement in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: hwceita-1997
provision_ref: s36
chapter: PART 5 - ENFORCEMENT
section: 36
title: Obstruction of Director-General, etc.
content:
36. Any person who — ( a ) hinders, obstructs or molests the Director‑General or an authorised officer, in the performance and execution of his or her duty or of anything which he or she is empowered or required to do under this Act; ( b ) interferes with any work authorised to be executed under this Act; or ( c ) fails to facilitate by all reasonable means the entry and inspection of any searchable place by the Director‑General or an authorised officer or the making of any test which the Director‑General or an authorised officer is empowered under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [6/2020]


document_id: hwceita-1997
provision_ref: s37
chapter: PART 5 - ENFORCEMENT
section: 37
title: False statements
content:
37. —(1) A person must not, in or in relation to an application or a notice under this Act, knowingly or recklessly — ( a ) make a statement that is false or misleading in a material particular; or ( b ) give to the Director‑General or an authorised officer a document containing information that is false or misleading in a material particular without — (i) indicating to the Director‑General or authorised officer that the document is false or misleading and in which respect it is so; and (ii) providing correct information to the Director‑General or authorised officer if the person has, or can reasonably obtain, the correct information. [6/2020] (2) A person must not, otherwise than in or in relation to an application or a notice under this Act, knowingly or recklessly — ( a ) make to the Director‑General or an authorised officer doing duty in relation to this Act a statement that is false or misleading in a material particular; or ( b ) give to the Director‑General or an authorised officer doing duty in relation to this Act a document containing information that is false or misleading in a material particular without — (i) indicating to the Director‑General or authorised officer that the document is false or misleading and in which respect it is so; and (ii) providing correct information to the Director‑General or authorised officer if the person is in possession of, or can reasonably obtain, the correct information. [6/2020] (3) Any person who contravenes this section 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: hwceita-1997
provision_ref: s38
chapter: PART 5 - ENFORCEMENT
section: 38
title: Part does not limit power to impose permit conditions
content:
38. This Part does not limit the power of the Director‑General to impose permit conditions on a Basel permit or special permit. [6/2020]


document_id: hwceita-1997
provision_ref: s39
chapter: PART 6 - MISCELLANEOUS
section: 39
title: Evidentiary certificate — classification of hazardous or other waste
content:
39. —(1) The Director‑General may issue a written certificate stating that a specified substance or object is, or is not, in specified circumstances, hazardous or other waste — ( a ) for the purposes of this Act; or ( b ) for the purposes of the application of this Act to a specified matter. [6/2020] (2) In any proceedings relating to this Act, a certificate issued under subsection (1) is prima facie evidence of the matters stated in the certificate. (3) A copy of a certificate mentioned in subsection (1) must be published in the Gazette .


document_id: hwceita-1997
provision_ref: s40
chapter: PART 6 - MISCELLANEOUS
section: 40
title: Evidentiary certificate — environmentally sound management of hazardous or other waste
content:
40. —(1) The Director‑General may issue a written certificate stating that engaging, or failing to engage, in specified conduct in relation to specified hazardous or other waste is, or is not, environmentally sound management of that waste for the purposes of this Act. [6/2020] (2) In any proceedings relating to this Act, a certificate issued under subsection (1) is prima facie evidence of the matters stated in the certificate. (3) A copy of a certificate mentioned in subsection (1) must be published in the Gazette .


document_id: hwceita-1997
provision_ref: s41
chapter: PART 6 - MISCELLANEOUS
section: 41
title: Evidence of analyst
content:
41. —(1) The Director‑General may, by instrument in writing under the hand of the Director‑General, appoint persons who in his or her opinion are qualified to be analysts for the purposes of this Act. [6/2020] (2) Subject to subsection (4), a certificate of an analyst appointed under subsection (1) stating that the analyst has analysed or examined a substance and stating the result of the analysis or examination is admissible in evidence in any proceedings for an offence under this Act as prima facie evidence of the facts stated in the certificate and of the correctness of the result of the analysis or examination. (3) For the purposes of this section, a document purporting to be a certificate mentioned in subsection (2) on its production by the prosecution is, unless the contrary is proved, deemed to be such a certificate. (4) A certificate mentioned in subsection (2) shall not be received in evidence pursuant to that subsection unless the person charged has been given a copy of the certificate together with reasonable notice of the intention of the prosecution to produce the certificate as evidence in the proceedings. (5) Where a certificate of an analyst appointed under subsection (1) is admitted in evidence under subsection (2), the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross‑examined as if the analyst had given evidence of the matters stated in the certificate.


document_id: hwceita-1997
provision_ref: s42
chapter: PART 6 - MISCELLANEOUS
section: 42
title: Offences by body corporate
content:
42. —(1) Where an offence under this Act has been committed by a body corporate, any person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer of the body, or who was purporting to act in any such capacity, shall also be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless the person proves that — ( a ) the offence was committed without his or her knowledge, consent or connivance; and ( b ) he or she had exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised having regard to the nature of his or her functions in that capacity and to all the circumstances. (2) Without limiting subsection (1), in determining whether a person has exercised all such diligence to prevent the commission of the offence under subsection (1), a court is to have regard to whether the person took any action directed towards ensuring the following (to the extent that the action is relevant to the contravention): ( a ) that the body arranges regular professional assessments of the body’s compliance with this Act; ( b ) that the body implements any appropriate recommendations arising from such an assessment; ( c ) that the body implements an effective system of hazardous or other waste management, where the system is consistent with the environmentally sound management of the waste; ( d ) that the body has contingency procedures for dealing with an emergency involving hazardous or other waste, where the procedures are directed towards — (i) reducing the risk of injury or damage to human beings or the environment; and (ii) mitigating any such injury or damage; ( e ) that the body’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements of this Act, so far as those requirements affect the employees, agents or contractors concerned.


document_id: hwceita-1997
provision_ref: s42A
chapter: PART 6 - MISCELLANEOUS
section: 42A
title: Jurisdiction of District Court
content:
42A. 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. [9/2003]


document_id: hwceita-1997
provision_ref: s43
chapter: PART 6 - MISCELLANEOUS
section: 43
title: Protection from personal liability
content:
43. No suit or other legal proceedings shall lie personally against the Director‑General or an authorised officer or any person acting under the direction of the Director‑General for anything which is in good faith done or intended to be done in the execution or purported execution of this Act. [6/2020]


document_id: hwceita-1997
provision_ref: s44
chapter: PART 6 - MISCELLANEOUS
section: 44
title: Public servants for purposes of Penal Code 1871
content:
44. The Director‑General and all authorised officers are deemed to be public servants for the purposes of the Penal Code 1871. [6/2020]


document_id: hwceita-1997
provision_ref: s45
chapter: PART 6 - MISCELLANEOUS
section: 45
title: Appeal to Minister
content:
45. Any applicant who is aggrieved by the refusal of the Director‑General to grant a permit under this Act may, within 30 days of the decision of the Director‑General, appeal in writing to the Minister whose decision is final and must be given effect to by the Director‑General. [6/2020]


document_id: hwceita-1997
provision_ref: s46
chapter: PART 6 - MISCELLANEOUS
section: 46
title: Service of notice, etc.
content:
46. —(1) Any notice, order or document required or authorised by this Act to be given or served on any person, and any summons issued by a court in connection with any offence under this Act, may be served on the person concerned — ( a ) by delivering it to the person or to some adult member or employee of his or her family at the nominated address for service or last known place of residence; ( b ) by leaving it at the nominated address for service or usual or last known place of residence or business in a cover addressed to him or her; ( c ) by affixing it to some conspicuous part of the nominated address for service or last known place of residence; ( d ) by sending it by registered post addressed to the person at the nominated address for service or usual or last known place of residence or business; ( e ) where the person is a body corporate — (i) by delivering it to the secretary or other similar officer of the body corporate at its nominated address for service or registered or principal office; or (ii) by sending it by registered post addressed to the body corporate at its nominated address for service or registered or principal office; or ( f ) where the person is a body corporate incorporated outside Singapore and does not have a registered or principal office in Singapore but has an agent in Singapore, by delivering it to that agent. (2) Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person to whom the letter is addressed at the time when the letter would, in the ordinary course of post, be delivered and in proving service of the same it is sufficient to prove that the envelope containing the notice, order, document or summons was properly addressed, stamped and posted by registered post. (3) In this section, “nominated address for service” means the address nominated for service by the person concerned for the purposes of this Act.


document_id: hwceita-1997
provision_ref: s47
chapter: PART 6 - MISCELLANEOUS
section: 47
title: Convention countries
content:
47. —(1) Where the Minister, by order in the Gazette , declares that any country specified in the order is a party to the Basel Convention, the order, while in force, is evidence of that fact. (2) For the purposes of this Act, a certificate signed by the Minister, stating that a country specified in the certificate (but not specified in any order made under subsection (1) which is in force) is, or was at a time specified in the certificate, a Convention country, is, upon mere production, prima facie evidence of that fact.


document_id: hwceita-1997
provision_ref: s48
chapter: PART 6 - MISCELLANEOUS
section: 48
title: Regulations
content:
48. —(1) The Minister may make regulations prescribing matters — ( a ) required or permitted by this Act to be prescribed; or ( b ) necessary to be prescribed for carrying out or giving effect to this Act. (2) Without limiting subsection (1), the regulations may also — ( a ) empower the Director‑General to determine the type of permit, whether a Basel permit or special permit, to be granted regardless of the type applied for; ( b ) prescribe the procedure to be followed by the Director‑General and authorised officers in the exercise of their functions under this Act; ( c ) require the provision of information in relation to the import, export or transit of such waste by the holder of a Basel permit or special permit to any authority as may be specified in the regulations; ( d ) provide for the Director‑General to give orders or to take action in relation to the dealing of such waste where there is a contravention of the provisions of this Act or any regulations made under this Act or of an order made by the Director‑General and for the recovery of the costs of any such action taken by the Director‑General; and ( e ) 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 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [6/2020] (3) The regulations may amend or add to the Schedule for the purpose of ensuring that the Schedule correctly sets out the English text of the Basel Convention as in force from time to time.


document_id: ia-1959
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “advance passenger information” means information relating to any passenger required to be furnished to the Controller prior to the arrival in Singapore of the vessel, aircraft, train or bus (as the case may be) on which the passenger will be travelling to Singapore; [Act 31 of 2023 wef 31/07/2025] “arrestable offence” and “non‑arrestable offence” have the meanings given by section 2(1) of the Criminal Procedure Code 2010; [Act 31 of 2023 wef 31/12/2024] “arrive” means — ( a ) in relation to an aircraft, the aircraft coming to a stop after landing; ( b ) in relation to a vessel or ship, the securing of the vessel or ship for any purposes, including for the embarkation or disembarkation of its passengers or the loading or unloading of its cargo or stores or both; [Act 31 of 2023 wef 31/07/2025] ( c ) in relation to a train, the train coming to a stop at a train checkpoint; ( d ) in relation to a bus, the bus reaching an authorised point of entry; [Act 31 of 2023 wef 31/07/2025] ( e ) in relation to any mode of land transport other than a train or a bus, the mode of land transport reaching an authorised point of entry; or [Act 31 of 2023 wef 31/07/2025] ( f ) in relation to a person who travels to Singapore on foot, the person proceeding to an immigration control post; [Act 31 of 2023 wef 31/07/2025] “authorised airport”, “authorised landing place”, “authorised train checkpoint”, “authorised point of entry”, “authorised departing place” and “authorised point of departure” mean, respectively, an airport, a landing place, a train checkpoint, a point of entry, a departing place or a point of departure declared as such under section 5; “authorised area” means an authorised airport, authorised landing place, authorised train checkpoint, authorised point of entry, authorised place of embarkation, authorised departing place, authorised point of departure or immigration control post declared as such under section 5; “auxiliary police officer” means a person appointed as such under Part 9 of the Police Force Act 2004; [Act 31 of 2023 wef 31/12/2024] “certificate” means a certificate of status issued under the provisions of any regulations made under section 55; “Controller” means the Controller of Immigration appointed under section 3; “Controller of Work Passes” means the Controller of Work Passes appointed under section 3 of the Employment of Foreign Manpower Act 1990; “country” includes a State or territory; [Act 31 of 2023 wef 31/12/2024] “crew” includes every seaman on a vessel, and every person employed in the operation of an aircraft, a train or a bus or in any service rendered to the crew or passengers of an aircraft in flight or a train, or a bus, in motion; [Act 31 of 2023 wef 31/07/2025] “Director of Marine” means the Director of Marine appointed under section 4(1) of the Merchant Shipping Act 1995 and includes the Deputy Director of Marine appointed under that subsection and such other officers appointed under section 4(3) of that Act as the Director of Marine may authorise to carry out any of his or her duties under this Act; “document” includes — ( a ) any endorsement; ( b ) any paper or other material where there is writing; ( c ) any paper or other material on which there are marks, figures, symbols or perforations that are — (i) capable of being given a meaning by persons qualified to interpret them; or (ii) capable of being responded to by a computer, a machine or an electronic device; ( d ) any article or material from which information is capable of being reproduced with or without the aid of any other article or device; or ( e ) any electronic record; “electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010; “employ” means to engage or use the service of any person, whether under a contract of service or otherwise, with or without remuneration; “entry” means — ( a ) in the case of a person arriving by sea, disembarking in Singapore from the vessel in which he or she arrives; ( b ) in the case of a person arriving by air at an authorised airport, leaving the precincts of such airport; ( c ) in the case of a person entering by land and proceeding to an immigration control post under section 26 or an authorised train checkpoint under section 25A, leaving the precincts of such post or checkpoint for any purpose other than that of departing from Singapore by an approved route; ( ca ) in the case of a child born in Singapore on or after 15 January 2005 who is not a citizen of Singapore, his or her birth in Singapore; and ( d ) in any other case, any entry into Singapore by land, sea or air, but shall not include in any case an entry made for the purpose of complying with this Act or an entry, expressly or impliedly, sanctioned by an immigration officer for the purpose of any enquiry or detention under the provisions of this Act; “entry permit” means a permit issued under section 10; [Act 31 of 2023 wef 01/12/2025] “harbour” means to give food or shelter, and includes the act of assisting a person in any way to evade apprehension; “immigration control post” means a post established as such by the Controller at a place declared to be an immigration control post under section 5; “immigration depot” means any place designated by the Controller for the examination, inspection or detention of persons under this Act or any other written law; [Act 13 of 2024 wef 09/04/2024] “immigration officer” means any person appointed under section 3; “immigration signal” means such signal as may be prescribed for vessels which arrive in Singapore; “leave” means — ( a ) in the case of a person leaving Singapore by sea, embarking in Singapore on a vessel which is about to leave Singapore and remaining on board such vessel at the time of its departure for any place outside Singapore; ( b ) in the case of a person leaving Singapore by air, boarding an aircraft in Singapore which is about to depart from Singapore; ( c ) in the case of a person leaving Singapore by land — (i) boarding and remaining in a train or a bus which is about to leave Singapore; or (ii) departing from an authorised point of departure by any other mode of land transport or on foot, for any place outside Singapore; or [Act 31 of 2023 wef 31/07/2025] ( d ) in the case of a vessel, an aircraft, a train or a bus leaving Singapore by sea, air or land (as the case may be), departing from any authorised departing place in Singapore by sea, or from any authorised airport, authorised train checkpoint or authorised point of departure in Singapore, for any place outside Singapore; [Act 31 of 2023 wef 31/07/2025] “master” — ( a ) in relation to a vessel, means any person (except a pilot or harbour master) having for the time being control or charge thereof; ( b ) in relation to an aircraft, means the captain thereof; [Act 31 of 2023 wef 31/07/2025] ( c ) in relation to a train, means the driver of the train or any person having for the time being control or charge thereof; or [Act 31 of 2023 wef 31/07/2025] ( d ) in relation to a bus, means the driver of the bus; [Act 31 of 2023 wef 31/07/2025] “non-citizen” means any person who is not a citizen of Singapore; “occupier”, in relation to any premises or place, includes — ( a ) the person having the charge, management or control of either the whole or part of the premises or place, either on the person’s own account or as an agent; and ( b ) a contractor who is carrying out building operations or construction works at the premises or place on behalf of some other person; “omnibus” means a bus which is used on a scheduled service and in which passengers are charged separate and distinct fares, and in respect of which a public service vehicle licence is in force under Part 5 of the Road Traffic Act 1961 (or an equivalent licence is in force in Malaysia) authorising the use of the bus as an omnibus; [Act 31 of 2023 wef 31/07/2025] “pass” means a pass issued under the regulations entitling the holder thereof to remain, or enter and remain, temporarily in Singapore; “passenger” means any person carried in a vessel, an aircraft, a train or a bus, other than the members of the crew; [Act 31 of 2023 wef 31/07/2025] “permanent resident of Singapore” means the holder of a valid entry permit; [Act 31 of 2023 wef 01/12/2025] “permit” includes an entry permit and a re-entry permit; “personal identifier” means any of the identifiers specified in the Schedule (including any in digital form); “prohibited immigrant” means any person who is a prohibited immigrant as defined in section 8; “re-entry permit” means a permit issued under section 11; [Act 31 of 2023 wef 31/12/2024] “regulations” means regulations made under this Act; “seaman” includes the master and any person carried in a vessel as a bona fide member of the staff employed in the operation or service of the vessel and, if the vessel has articles, entered on the articles; “Singapore visa” means a Singapore visa granted under Part 2A; “stowaway” means a person who is secreted in a vessel, an aircraft, a train or a bus without the consent of the master or other person in charge of the vessel, aircraft, train or bus and includes such a person who is arriving in or departing from Singapore on board any vessel, aircraft, train or bus without the consent of the master or other person in charge of the vessel, aircraft, train or bus; [Act 31 of 2023 wef 31/07/2025] “through passenger” means any passenger who arrives in Singapore by a vessel, an aircraft or a train and who is continuing his or her journey in the same vessel, aircraft or train to a place outside Singapore; “transportation company” means any government, municipality, body corporate, or organisation, firm or person carrying or providing for the transit of passengers, whether by vessel, aircraft, train, bus or otherwise, and includes any 2 or more such transporting companies co‑operating in the business of carrying passengers; [Act 31 of 2023 wef 31/07/2025] “vehicle” means any vehicle whether mechanically propelled or otherwise; “vessel” includes any ship or boat or other description of floating craft used in navigation, and includes any tackle, equipment, book, document, goods, cargo or things carried therein or thereon. [18/2012]


document_id: ia-1959
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Appointment and powers of Controller and immigration officers
content:
3. —(1) The Minister may appoint a Controller of Immigration and such number of immigration officers as the Minister may consider necessary for the proper carrying out of the provisions of this Act. (2) The powers and discretions vested in the Controller under this Act, and the duties required to be discharged by the Controller may, subject to section 4 and to such limitations as the Controller may impose, be exercised and discharged by immigration officers duly authorised by the Controller to act on the Controller’s behalf.


document_id: ia-1959
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Power of Minister to issue directions
content:
4. —(1) The Minister may from time to time give the Controller directions of a general character, and not inconsistent with the provisions of this Act, as to the exercise of the powers and discretions conferred on the Controller by, and the duties required to be discharged by the Controller under, this Act or any regulations or orders made under this Act, in relation to all matters which appear to the Minister to affect the immigration policy of Singapore. (2) The Controller must give effect to all directions given under subsection (1).


document_id: ia-1959
provision_ref: s5
chapter: PART 2 - ENTRY INTO AND DEPARTURE FROM SINGAPORE
section: 5
title: Entry into and departure from Singapore
content:
5. —(1) The Minister may, by notification in the Gazette , prescribe approved routes and declare such immigration control posts, landing places, airports, train checkpoints or points of entry, as the Minister may consider to be necessary for the purposes of this Act, to be immigration control posts, authorised landing places, authorised airports, authorised train checkpoints or authorised points of entry, as the case may be. (1A) In declaring under subsection (1) any place to be an immigration control post, a landing place or an authorised point of entry, the Minister may specify that it or any part of the place is to be an immigration control post, a landing place or an authorised place of entry generally only for a fixed period or for fixed periods of time in any day, or only for the separate and exclusive immigration clearance of a particular person or class of persons. [18/2012] (2) A person must not, unless compelled by accident or other reasonable cause, enter or attempt to enter Singapore except at an authorised landing place, airport, train checkpoint or point of entry. (3) The Minister may, by notification in the Gazette , prescribe approved routes and declare such immigration control posts, places of embarkation, authorised airports, authorised train checkpoints, authorised departing places or authorised points of departure, as the case may be. (3A) In declaring under subsection (3) any place to be an authorised departing place or an authorised point of departure, the Minister may specify that it or any part of the place is to be an authorised departing place or an authorised point of departure generally only for a fixed period or for fixed periods of time in any day, or only for the separate and exclusive immigration clearance of a particular person or class of persons. [18/2012] (4) A person must not, unless compelled by accident or other reasonable cause, leave or attempt to leave Singapore except at an authorised place of embarkation, airport, train checkpoint, departing place or point of departure. (5) Any person who contravenes subsection (2) or (4) shall be guilty of an offence. (6) Without affecting subsection (1A) or (3A), where upon the application of any person (called in this section the applicant), any place or any part of that place is declared under subsection (1) or (3) (as the case may be) to be an immigration control post, a landing place, an authorised point of entry or an authorised departing place or authorised point of departure for the separate and exclusive immigration clearance of the applicant, or a particular person or class of persons associated with the applicant, the Controller may, with the approval of the Minister, require the applicant to pay to the Controller a rate, at such intervals and at such amount or rate as may be prescribed, for or in connection with immigration clearance performed by immigration officers at that place or part thereof. [18/2012] (7) The number of immigration officers to be deployed at any immigration control post, landing place, authorised point of entry, authorised departing place or authorised point of departure mentioned in subsection (6) is to be determined at the Controller’s discretion. [18/2012] (8) In this section, unless the context otherwise requires — “immigration clearance”, in relation to any person, includes refusing the person entry into Singapore or exit from Singapore; “separate and exclusive immigration clearance” includes immigration clearance carried out only during a particular period or periods in a day for a particular person or class of persons. [18/2012]


document_id: ia-1959
provision_ref: s5A
chapter: PART 2 - ENTRY INTO AND DEPARTURE FROM SINGAPORE
section: 5A
title: Person entering or leaving Singapore to produce passport, etc.
content:
5A. —(1) Subject to subsections (1A) and (2), every person, whether a citizen of Singapore or a non‑citizen, who is arriving in Singapore (by air, sea or land) from a place outside Singapore, or is leaving Singapore (by air, sea or land) to a place outside Singapore, must present to an immigration officer or an automated clearance system (if available) at the authorised airport, authorised landing place, authorised train checkpoint, authorised point of entry, authorised departing place or authorised point of departure, as the case may be — ( a ) if the person is a citizen of Singapore (whether or not the person is also the national of a foreign country) — the person’s Singapore passport that is valid, and any other prescribed evidence of the person’s identity and Singapore citizenship; or [Act 31 of 2023 wef 31/12/2024] ( b ) if the person is a non-citizen — (i) the person’s foreign passport or other foreign travel document that is valid, and such other evidence of the person’s identity as the immigration officer or the automated clearance system (as the case may be) may require; and [Act 31 of 2023 wef 31/12/2024] (ii) where a Singapore visa is required by section 9B, evidence of a Singapore visa that is in effect and is held by the person. [Act 31 of 2023 wef 31/12/2024] (1A) Despite an automated clearance system being made available to a person mentioned in subsection (1), the person may be required by an immigration officer or the automated clearance system to appear before an immigration officer for immigration clearance. [Act 31 of 2023 wef 31/12/2024] (1B) To avoid doubt, a person may be required under subsection (1A) to appear before an immigration officer for immigration clearance even after the person has used an automated clearance system for immigration clearance. [Act 31 of 2023 wef 31/12/2024] (1C) If a person mentioned in subsection (1) is required under subsection (1A) to appear before an immigration officer for immigration clearance, the person must present to the immigration officer — ( a ) in the case of a citizen of Singapore (whether or not the person is also the national of a foreign country) — the person’s Singapore passport that is valid, and any prescribed evidence of the person’s identity and Singapore citizenship; or ( b ) in the case of a non‑citizen — (i) the person’s foreign passport or other foreign travel document that is valid, and such other evidence of the person’s identity as the immigration officer may require; and (ii) where a Singapore visa is required by section 9B, evidence of a Singapore visa that is in effect and is held by the person. [Act 31 of 2023 wef 31/12/2024] (2) The immigration officer may waive — ( a ) the requirements of a passport or travel document if the person is a citizen of Singapore and in prescribed circumstances; or ( b ) the requirements of a passport, travel document or Singapore visa in the case of any person entering Singapore from a place outside Singapore and holding a valid entry permit, re-entry permit or certificate of status issued in accordance with this Act. (3) Any person who contravenes subsection (1) or (1C) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [Act 31 of 2023 wef 31/12/2024] (4) Subsections (1) and (1A) do not apply to such categories of persons as the Minister may prescribe. [Act 31 of 2023 wef 31/12/2024] (5) In this section — “automated clearance system” means an automated identification processing system for the immigration clearance of persons registered in the system; “immigration clearance” has the meaning given by section 5(8). [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s5AA
chapter: PART 2 - ENTRY INTO AND DEPARTURE FROM SINGAPORE
section: 5AA
title: Matters relating to child prevented from leaving or being taken out of Singapore
content:
5AA. —(1) Subsection (2) applies when — ( a ) a court order is issued restraining any parent of a child, or any other person, from taking the child out of Singapore; ( b ) the Controller is notified of the court order; and ( c ) pursuant to the court order, an immigration officer prevents the child from leaving or being taken out of Singapore. (2) An immigration officer may do any one or more of the following in relation to the child: ( a ) inform a specified person for the child; ( b ) keep the child in an authorised area until any of the following persons accompanies the child out of the authorised area (but without leaving Singapore): (i) the specified person who is informed under paragraph ( a ), or a person authorised by that specified person; (ii) a police officer; ( c ) if the child is kept in an authorised area under paragraph ( b ) — allow any person travelling with the child to remain with the child in the authorised area. (3) No liability shall lie personally against any immigration officer who, acting in good faith and with reasonable care, does or omits to do anything — ( a ) in compliance or purported compliance with a court order mentioned in subsection (1); or ( b ) in the exercise or purported exercise of a power under subsection (2). (4) In this section, “specified person”, for a child, means — ( a ) the child’s parent; or ( b ) a person who is lawfully appointed by deed or will or by the order of a competent court to be the guardian of the child. [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s5B
chapter: PART 2 - ENTRY INTO AND DEPARTURE FROM SINGAPORE
section: 5B
title: Facilities at authorised areas
content:
5B. —(1) The Minister may, by written notice, require the owner or occupier of any premises within which an authorised area is or is to be located (called in this section the relevant owner or occupier), but not the Government — ( a ) to provide and maintain in the authorised area, at the relevant owner’s or occupier’s cost, such facilities and resources as the Minister considers necessary for the proper, secure and efficient functioning of the authorised area, including providing such facilities to the immigration officers whose duties require their presence within or at the perimeter of the authorised area; or ( b ) to permit the establishment of immigration offices within the authorised area. [18/2012] (2) The Minister may give to the relevant owner or occupier such written directions as may be necessary — ( a ) to ensure compliance with the provisions of this Act and the regulations; or ( b ) for the proper, secure and efficient functioning of the authorised area. [18/2012] (3) The relevant owner or occupier must comply with the written notice or direction served or given to the relevant owner or occupier under subsection (1) or (2). [18/2012] (4) Any relevant owner or occupier who or which fails to comply with subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine of not less than $100,000 and not more than $200,000 and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction. [18/2012] (5) Where a body corporate is guilty of an offence under subsection (4) and that offence is proved to have been committed with the authority, consent or connivance of any director, manager, secretary or other similar officer of the body corporate or of any person purporting to act in any such capacity, he or she, as well as the body corporate, shall each be guilty of that offence and shall each be liable to be proceeded against and punished accordingly. [18/2012] (6) In this section, “owner” means any person who has an estate or interest in the premises and whose permission to enter the premises is needed by another before that other may enter the premises. [18/2012]


document_id: ia-1959
provision_ref: s6
chapter: PART 2 - ENTRY INTO AND DEPARTURE FROM SINGAPORE
section: 6
title: Control of entry into and departure from Singapore
content:
6. —(1) A person, other than a citizen of Singapore, must not enter or attempt to enter Singapore unless — ( a ) he or she is in possession of a valid entry permit or re‑entry permit lawfully issued to him or her under section 10 or 11; ( b ) his or her name is endorsed upon a valid entry permit or re‑entry permit in accordance with section 12, and he or she is in the company of the holder of that permit; ( c ) he or she is in possession of a valid pass lawfully issued to him or her to enter Singapore; or ( d ) he or she is exempted from this subsection by an order made under section 56. (2) Every person departing from Singapore, other than a citizen of Singapore or a person exempted from this subsection by an order made under section 56, must, if so required by an immigration officer, complete an embarkation form and submit it for examination by that officer at the time he or she leaves Singapore. [18/2012] (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and — ( a ) in the case of an offence under subsection (1), shall on conviction be punished with imprisonment for a term not exceeding 6 months and shall also be punished with caning with not less than 3 strokes, or where by virtue of section 325(1)( a ) or ( b ) of the Criminal Procedure Code 2010 he or she is not punishable with caning, he or she shall, in lieu of caning, be punished with a fine not exceeding $6,000; [Act 31 of 2023 wef 31/12/2024] ( b ) in the case of an offence under subsection (2), shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [15/2010] (4) In any proceedings for an offence under subsection (1), it is presumed, until the contrary is proved, that the defendant attempted to enter Singapore in contravention of subsection (1)( c ) if the defendant was found within the waters of the port and it is proved to the satisfaction of the court that — ( a ) he or she was unable, or refused, to produce when requested to do so by a police officer or an immigration officer a valid passport or other valid travel document issued by the competent authority of any country; [Act 31 of 2023 wef 31/12/2024] ( b ) he or she has no visible means of subsistence; or ( c ) he or she had taken precautions to conceal his or her identity or presence from any police officer or immigration officer. (5) In this section, “port” means any place declared to be a port under section 3 of the Maritime and Port Authority of Singapore Act 1996.


document_id: ia-1959
provision_ref: s6A
chapter: PART 2 - ENTRY INTO AND DEPARTURE FROM SINGAPORE
section: 6A
title: Non-citizens born in Singapore
content:
6A. —(1) A child who — ( a ) is born in Singapore on or after 15 January 2005; and ( b ) is not a citizen of Singapore at the time of his or her birth, is deemed to be issued with a special pass authorising him or her to remain in Singapore. (2) A special pass mentioned in subsection (1) is valid for 42 days from the date of the birth of the child and may be extended for such period as the Controller thinks fit. (3) An application to renew a special pass referred to in subsection (1) — ( a ) may be made by — (i) a specified person for a child mentioned in that subsection; or (ii) any person allowed by the Controller to make the application; and [Act 31 of 2023 wef 31/12/2024] ( b ) must be in such form as the Controller may determine. (4) Upon an application made under subsection (3), the Controller may extend the special pass or issue the child with such permit or other pass as the Controller thinks fit. (5) Every specified person for a child mentioned in subsection (1) must ensure that the child does not remain in Singapore — ( a ) after the expiry or cancellation of the special pass for the child; or ( b ) if a permit or pass has been issued for the child under subsection (4) — after the expiry or cancellation of the permit or pass. [Act 31 of 2023 wef 31/12/2024] (6) Any person who, without reasonable cause, contravenes subsection (5) shall be guilty of an offence. [Act 31 of 2023 wef 31/12/2024] (7) In this section, “specified person”, for a child, means — ( a ) in the case of a legitimate child — the father of the child; or ( b ) in the case of any child — (i) the mother of the child; or (ii) a person who is lawfully appointed by deed or will or by the order of a competent court to be the guardian of the child. [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s7
chapter: PART 2 - ENTRY INTO AND DEPARTURE FROM SINGAPORE
section: 7
title: Right of entry
content:
7. —(1) A citizen of Singapore is entitled to enter Singapore without having obtained a permit or pass in that behalf under this Act. (2) The burden of proof that any person is a citizen of Singapore shall lie upon that person.


document_id: ia-1959
provision_ref: s8
chapter: PART 2 - ENTRY INTO AND DEPARTURE FROM SINGAPORE
section: 8
title: Prohibited immigrants
content:
8. —(1) Any person, not being a citizen of Singapore, who is a member of any of the prohibited classes as defined in subsection (3) or who, in the opinion of the Controller, is a member of any of the prohibited classes, is a prohibited immigrant. (2) Subject to any exemption granted under section 56 — ( a ) a prohibited immigrant who is a member of the prohibited class defined in subsection (3)( o ) must not enter Singapore; and ( b ) any other prohibited immigrant must not enter Singapore, unless he or she is in possession of a valid pass in that behalf issuable to a prohibited immigrant under the regulations. (3) The following persons are members of the prohibited classes: ( a ) any person who is unable to show that he or she has the means of supporting himself or herself and his or her dependants (if any) or that he or she has definite employment awaiting him or her, or who is likely to become a pauper or a charge on the public; ( b ) any person suffering from a contagious or infectious disease which makes his or her presence in Singapore dangerous to the community; ( ba ) any person suffering from Acquired Immune Deficiency Syndrome or infected with the Human Immunodeficiency Virus; ( c ) any person desiring to enter Singapore who refuses to submit to an examination after being required to do so under section 29(1); ( d ) any person who — (i) has been convicted in any country of an offence for which a sentence of imprisonment has been passed for any term; [Act 31 of 2023 wef 31/12/2024] (ii) has not received a free pardon; and (iii) by reason of the circumstances connected with that conviction is deemed by the Controller to be an undesirable immigrant; ( e ) any prostitute or any person who is living on or receiving or who, prior to entering Singapore, lived on or received the proceeds of prostitution; ( f ) any person who procures or attempts to bring into Singapore prostitutes or women or girls for the purpose of prostitution or other immoral purpose; ( g ) vagrants or habitual beggars; ( h ) any person whose entry into Singapore is, or at the time of his or her entry was, unlawful under this Act or any other written law for the time being in force; ( i ) any person who believes in or advocates the overthrow by force or violence of the Government or of any established government or of constituted law or authority or who disbelieves in or is opposed to established government, or who advocates the assassination of public officials, or who advocates or teaches the unlawful destruction of property; ( j ) any person who is a member of or affiliated with any organisation entertaining or teaching disbelief in or opposition to established government or advocating or teaching the duty, necessity or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or officers generally, of the Government or of any established government, because of his, her or their official character, or advocating or teaching the unlawful destruction of property; ( k ) any person who, in consequence of information received from any source or from any government through official or diplomatic channels, is considered by the Minister to be an undesirable immigrant; ( l ) any person who has been removed from any country by the competent authority of that country on repatriation for any reason whatever and who, by reason of the circumstances connected therewith, is considered by the Controller to be an undesirable immigrant; [Act 31 of 2023 wef 31/12/2024] ( m ) any person who, being required by any written law for the time being in force to be in possession of valid travel documents, is not in possession of those documents or is in possession of forged or altered travel documents or travel documents which do not fully comply with that written law; ( n ) the family and dependants of a prohibited immigrant; and ( o ) any person prohibited by an order made under section 9 from entering Singapore, unless the person is exempted from this paragraph by an order made under section 56. [18/2012] [Act 31 of 2023 wef 31/12/2024] (4) The burden of proof that any person seeking to enter Singapore is not a prohibited immigrant shall lie upon that person. (4A) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] (5) Subject to any exemption granted under section 56, if any prohibited immigrant enters Singapore otherwise than in accordance with a valid pass lawfully issued to him or her, he or she shall be guilty of an offence. (6) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] (7) [ Deleted by Act 31 of 2023 wef 31/12/2024 ]


document_id: ia-1959
provision_ref: s9
chapter: PART 2 - ENTRY INTO AND DEPARTURE FROM SINGAPORE
section: 9
title: Power to prohibit or limit entry into Singapore
content:
9. —(1) The Minister may, by order — ( a ) where the Minister thinks it expedient to do so in the interests of public security or public health, or by reason of any economic, industrial, social, educational or other conditions in Singapore — (i) prohibit, either for a stated period or permanently, the arrival in, or entry or re‑entry into, Singapore of any person or class of persons; [Act 31 of 2023 wef 31/12/2024] (ii) limit the number of persons of any class who may arrive in, or enter or re‑enter, Singapore within any period specified in the order; or [Act 31 of 2023 wef 31/12/2024] (iii) limit the period during which any person or class of persons entering or re‑entering Singapore may remain therein; or [Act 31 of 2023 wef 31/12/2024] ( b ) prohibit the entry into Singapore of passengers brought to Singapore by any transportation company which refuses or neglects to comply with the provisions of this Act. (1A) No order made under subsection (1)( a ), except an order made in the interests of public security or public health, applies to any person who is outside Singapore at the time when the order is made and who is in possession of a valid re‑entry permit or pass lawfully issued to him or her. [Act 31 of 2023 wef 31/12/2024] (2) An order made under subsection (1) does not apply to a citizen of Singapore. [Act 31 of 2023 wef 31/12/2024] (3) Every order made under subsection (1)( a ) which relates to a class of persons, except an order made in the interests of public security or public health, must be presented to Parliament as soon as possible after publication in the Gazette and if a resolution is passed within the next 3 months after the order is so presented disapproving the order or any part thereof, the order or such part thereof (as the case may be) ceases to have effect but without affecting the validity of anything previously done thereunder. [Act 31 of 2023 wef 31/12/2024] (4) Every order made under subsection (1), unless otherwise expressed therein, comes into force on the date of the making of the order, and must be published in the Gazette . (5) Any person who arrives in, enters, re-enters or remains in Singapore in contravention of any order made under subsection (1) shall be guilty of an offence and shall on conviction be punished with imprisonment for a presumptive minimum term of not less than 2 years and not more than 4 years and shall also be liable to a fine not exceeding $6,000. [15/2019] [Act 31 of 2023 wef 31/12/2024] (6) Where a person, who has been previously convicted of any offence which is punishable with imprisonment for a term of not less than 3 years, commits an offence under subsection (5) by the use of a passport or other travel document which bears a name different from that stated in the order made against him or her under subsection (1), he or she shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 5 years and shall also be liable to a fine not exceeding $10,000 and to caning. (7) If a person convicted of an offence under subsection (6) cannot be caned because section 325(1)( a ) or ( b ) of the Criminal Procedure Code 2010 applies, the court may, in addition to any other punishment to which the person is sentenced for that offence, impose a fine not exceeding $6,000 in lieu of the caning which the court could, but for that provision, have ordered for that offence. [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s9AA
chapter: PART 2 - ENTRY INTO AND DEPARTURE FROM SINGAPORE
section: 9AA
title: No‑boarding directive
content:
9AA. —(1) Subject to subsections (2) and (3), the Controller may issue a directive (called in this section no‑boarding directive) that a person (called in this section the subject person) who intends to board (whether as a passenger or a member of the crew, and whether for the purpose of entering or transiting through Singapore) an in‑bound conveyance must not board the in‑bound conveyance if — ( a ) the subject person is a prohibited immigrant; ( b ) an order is made under section 9(1)( a )(i) prohibiting the subject person (or any class of persons to which the subject person belongs) from arriving in, or entering or re‑entering, Singapore; ( c ) an order is made under section 9(1)( a )(ii) limiting the number of persons of any class who may arrive in, or enter or re‑enter, Singapore and the subject person belongs to that class; or ( d ) the Controller is satisfied that — (i) the subject person poses, or is likely to pose, a risk to the safety or health of persons in Singapore, or of persons in the in‑bound conveyance; (ii) the presence of the subject person in Singapore would be undesirable; or (iii) the subject person would not be issued a permit or pass to enter Singapore. (2) The Controller must not issue a no‑boarding directive — ( a ) against a citizen of Singapore; ( b ) on the ground mentioned in subsection (1)( d )(ii) against a person who holds a valid permit or pass issued to that person under this Act or the regulations; or ( c ) on the ground mentioned in subsection (1)( d )(iii) against a person who intends to board an in‑bound conveyance for the purpose of transiting through Singapore. (3) The Controller may issue a no‑boarding directive on the ground mentioned in subsection (1)( b ) or ( c ) against a person who intends to board an in‑bound conveyance for the purpose of transiting through Singapore only if the order mentioned in that provision prohibits or limits arrival in Singapore. (4) If the Controller issues a no‑boarding directive against the subject person, the Controller may give notice of the no‑boarding directive to any one or more of the following persons: ( a ) the master of the in‑bound conveyance; ( b ) the operator of the in‑bound conveyance; ( c ) the owner of the in‑bound conveyance; ( d ) the agent of the in‑bound conveyance; ( e ) the charterer of the in‑bound conveyance. (5) The Controller may designate an electronic service for the giving of notices under subsection (4) in respect of all or any class of in‑bound conveyances. (6) The Controller is not required to serve the no‑boarding directive on the subject person, or otherwise inform the subject person of the issue of the no‑boarding directive. (7) If the in‑bound conveyance arrives in Singapore with the subject person on board — ( a ) every person who is given notice of the no‑boarding directive under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000; and ( b ) any related individual for the in‑bound conveyance who, despite knowing that a no‑boarding directive has been issued against the subject person, enables (whether by act or omission) the subject person to board the in‑bound conveyance shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. (8) The offence under subsection (7)( a ) is a strict liability offence. (9) In this section — “in‑bound conveyance” means a vessel, an aircraft, a train or a bus (excluding an omnibus) that is bound for Singapore (whether or not as a final destination); “related individual”, for an in‑bound conveyance, means — ( a ) the master of the conveyance; or ( b ) an officer or employee of the operator, owner, agent or charterer of the in‑bound conveyance. [Act 31 of 2023 wef 01/12/2025]


document_id: ia-1959
provision_ref: s9A
chapter: PART 2A - SINGAPORE VISAS FOR NON-CITIZENS
section: 9A
title: Singapore visas
content:
9A. —(1) Subject to the provisions of this Act, the Controller may grant a non‑citizen permission, to be known as a Singapore visa, to travel to Singapore (for the purpose of seeking entry under a valid permit or pass). [Act 31 of 2023 wef 31/12/2024] (2) Without limiting subsection (1), a Singapore visa may grant the holder of the visa permission to travel to Singapore during a specified period only. [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s9B
chapter: PART 2A - SINGAPORE VISAS FOR NON-CITIZENS
section: 9B
title: Visas essential for travel
content:
9B. —(1) Subject to subsection (2), a non‑citizen must not travel to Singapore (for the purpose of seeking entry under a valid permit or pass) without a Singapore visa that is in effect. [Act 31 of 2023 wef 31/12/2024] (2) Subsection (1) does not apply to a non‑citizen in relation to travel to Singapore if the travel is by a non‑citizen who holds and produces a valid passport from a country that is approved by the Minister. [Act 19 of 2025 wef 05/12/2025]


document_id: ia-1959
provision_ref: s9C
chapter: PART 2A - SINGAPORE VISAS FOR NON-CITIZENS
section: 9C
title: Effect of Singapore visa
content:
9C. —(1) A Singapore visa that is in effect is not a pass or other permission for, and does not confer any right on, the holder to enter Singapore. (2) Subject to section 5(2) and any regulations made under section 55, the holder of a Singapore visa that is in effect must enter Singapore at an authorised airport, authorised landing place, authorised train checkpoint or authorised point of entry.


document_id: ia-1959
provision_ref: s10
chapter: PART 3 - ENTRY AND RE-ENTRY PERMITS
section: 10
title: Entry permits
content:
10. —(1) A non‑citizen who wishes to be a permanent resident of Singapore must apply for an entry permit in such form and manner as the Controller requires. [Act 31 of 2023 wef 01/12/2025] (1A) An entry permit authorises the holder of the permit — ( a ) in the case where the entry permit is issued when the holder is outside Singapore — to enter Singapore once within the period specified in the conditions of the entry permit; and ( b ) in any case where the holder has entered or is in Singapore — to remain in Singapore. [Act 31 of 2023 wef 01/12/2025] (2) Upon an application made under subsection (1) and on payment of the prescribed fee, the Controller may issue to the applicant an entry permit in the prescribed form and must, if the applicant is required by section 9B(1) to have a Singapore visa, grant a Singapore visa under section 9A(1) to the applicant on the production by him or her of his or her passport or other travel document and on payment of the prescribed fee, and the visa remains valid until the cancellation of the entry permit issued to the applicant. [Act 31 of 2023 wef 31/12/2024] (3) The Controller may — ( a ) at the time of issuing an entry permit under subsection (2), impose any condition as the Controller thinks fit; or ( b ) at any time after the issue of an entry permit under subsection (2), vary or revoke any condition to which the entry permit is subject or impose any condition thereto. (3A) To avoid doubt, the power of the Controller to vary, revoke or impose any condition under subsection (3)( b ) may be exercised whether or not the Controller is entitled to cancel the entry permit under this Act. (4) The Controller must — ( a ) give notice of any variation or revocation of any condition of, or imposition of any condition on, an entry permit under subsection (3)( b ), to the holder of the entry permit; and ( b ) specify in the notice the date on which the variation, revocation or imposition of the condition takes effect. [Act 31 of 2023 wef 31/12/2024] (4A) If the Controller varies, revokes or imposes any condition under subsection (3)( b ) for a class of entry permit holders — ( a ) the Controller may, where the Controller assesses that it is not practicable to give notice to each entry permit holder in that class under subsection (4), publish the variation, revocation or imposition of the condition, and the date mentioned in subsection (4)( b ), on a prescribed website or in the Gazette ; and ( b ) the requirements of subsection (4) are taken to be satisfied upon such publication. [Act 31 of 2023 wef 31/12/2024] (5) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] (6) Any entry permit issued by the Controller before 15 January 2005 to any person who was in Singapore at the time he or she ceased to be a citizen of Singapore and who continued to remain in Singapore is deemed to have been validly issued and continues in force until it is cancelled.


document_id: ia-1959
provision_ref: s11
chapter: PART 3 - ENTRY AND RE-ENTRY PERMITS
section: 11
title: Re-entry permits
content:
11. —(1) Subject to subsection (1A), a permanent resident of Singapore may at any time apply for a re‑entry permit. [Act 31 of 2023 wef 01/12/2025] (1A) Subject to subsection (1D), a permanent resident of Singapore who is outside Singapore without a valid re‑entry permit must apply for a re‑entry permit within the prescribed period. [Act 31 of 2023 wef 01/12/2025] (1B) An application for a re‑entry permit must be made in such form and manner as the Controller requires. [Act 31 of 2023 wef 01/12/2025] (1C) The obligation of a permanent resident of Singapore mentioned in subsection (1A) to apply for a re‑entry permit under that subsection continues even if the permanent resident re‑enters Singapore under a pass during the prescribed period mentioned in that subsection. [Act 31 of 2023 wef 01/12/2025] (1D) Subsection (1A) does not apply to a permanent resident of Singapore mentioned in that subsection if — ( a ) the permanent resident has applied for a re‑entry permit before the first day of the prescribed period mentioned in that subsection; and ( b ) the application is pending on that day, or is rejected on or after that day. [Act 31 of 2023 wef 01/12/2025] (1E) The first day of the prescribed period mentioned in subsection (1A) for a permanent resident of Singapore is — ( a ) in the case where the permanent resident leaves Singapore before the date of commencement of section 13( a ) of the Immigration (Amendment) Act 2023 and remains outside Singapore without a valid re‑entry permit on that date — that date; or ( b ) in any other case — the date on which the permanent resident is first outside Singapore without a valid re‑entry permit. [Act 31 of 2023 wef 01/12/2025] (1F) The first day and last day of the prescribed period mentioned in subsection (1A) includes a Sunday or public holiday in Singapore. [Act 31 of 2023 wef 01/12/2025] (2) Upon an application made for a re‑entry permit and on payment of the prescribed fee, the Controller may issue to the applicant a re‑entry permit in the prescribed form and must, if the applicant is required by section 9B(1) to have a Singapore visa, grant a Singapore visa under section 9A(1) to the applicant on the production by him or her of his or her passport or other travel document and on payment of the prescribed fee and the visa remains valid until the expiry or cancellation of the re‑entry permit issued to the applicant. [18/2012] [Act 31 of 2023 wef 31/12/2024] (2A) To avoid doubt, the Controller may refuse to issue a re‑entry permit or a pass to a permanent resident of Singapore. [Act 31 of 2023 wef 01/12/2025] (3) The Controller may — ( a ) at the time of issuing a re‑entry permit under subsection (2), impose any condition as the Controller thinks fit; or ( b ) at any time after the issue of a re‑entry permit under subsection (2), vary or revoke any condition to which the re‑entry permit is subject or impose any condition thereto. [18/2012] (4) To avoid doubt, the power of the Controller to vary, revoke or impose any condition under subsection (3)( b ) may be exercised whether or not the Controller is entitled to cancel the re‑entry permit under this Act. [18/2012] (5) The Controller must — ( a ) give notice of any variation or revocation of any condition of, or imposition of any condition on, a re‑entry permit under subsection (3)( b ), to the holder of the re‑entry permit; and ( b ) specify in the notice the date on which the variation, revocation or imposition of the condition takes effect. [Act 31 of 2023 wef 31/12/2024] (5A) If the Controller varies, revokes or imposes any condition under subsection (3)( b ) for a class of re‑entry permit holders — ( a ) the Controller may, where the Controller assesses that it is not practicable to give notice to each re‑entry permit holder in that class under subsection (5), publish the variation, revocation or imposition of the condition, and the date mentioned in subsection (5)( b ), on a prescribed website or in the Gazette ; and ( b ) the requirements of subsection (5) are taken to be satisfied upon such publication. [Act 31 of 2023 wef 31/12/2024] (6) [ Deleted by Act 31 of 2023 wef 31/12/2024 ]


document_id: ia-1959
provision_ref: s11AA
chapter: PART 3 - ENTRY AND RE-ENTRY PERMITS
section: 11AA
title: Validity of re‑entry permit, etc.
content:
11AA. —(1) The Controller may, at the time of issuing a re‑entry permit, specify its validity period. (2) A person who is issued a re‑entry permit is authorised to re‑enter Singapore at any one or more times during the validity period of the re‑entry permit. (3) A re‑entry permit issued to a person ceases to be valid when — ( a ) the validity period of the re‑entry permit expires; ( b ) the re‑entry permit is cancelled under this Act; or ( c ) the entry permit issued to that person is cancelled under this Act, whichever occurs first. [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s11A
chapter: PART 3 - ENTRY AND RE-ENTRY PERMITS
section: 11A
title: Persons ceasing to be citizens of Singapore
content:
11A. —(1) Subject to subsection (4) and section 33A(1), any person in Singapore who, on or after 15 January 2005, ceases to be a citizen of Singapore must not remain in Singapore for more than 24 hours after the date on which the person ceases to be a citizen of Singapore unless the person has been issued with a permit or a pass authorising the person to remain in Singapore. [Act 31 of 2023 wef 31/12/2024] (2) Any person who, on or after 15 January 2005, ceases to be a citizen of Singapore and who wishes to remain in Singapore may make an application to the Controller in the prescribed manner for a permit or a pass authorising the person to remain in Singapore. (3) Upon an application made under subsection (2) and on payment of the prescribed fee, the Controller may issue to the applicant a permit or a pass authorising the applicant to remain in Singapore. (4) Subject to section 33A(1), any person who applies for a permit or a pass under subsection (2) before the expiry of the time specified in subsection (1) — ( a ) may remain in Singapore pending the determination by the Controller of the application; and ( b ) subject to subsection (5), must not remain in Singapore for more than 24 hours after being informed that the person’s application for a permit or pass has been rejected. [Act 31 of 2023 wef 31/12/2024] (5) Subsection (4)( b ) does not prevent a person from entering and remaining in Singapore if the person is subsequently issued with a permit or a pass by the Controller authorising the person to enter and remain in Singapore. (6) Any person who, without reasonable cause, contravenes subsection (1) or (4)( b ) shall be guilty of an offence and — ( a ) in the case where he or she remains unlawfully in Singapore for a period not exceeding 90 days, shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 6 months or to both; or ( b ) in the case where he or she remains unlawfully in Singapore for a period exceeding 90 days, shall on conviction be punished with imprisonment for a term not exceeding 6 months and shall also be punished with caning with not less than 3 strokes, or where by virtue of section 325(1)( a ) or ( b ) of the Criminal Procedure Code 2010 he or she is not punishable with caning, he or she shall, in lieu of caning, be punished with a fine not exceeding $6,000. [15/2010] [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s12
chapter: PART 3 - ENTRY AND RE-ENTRY PERMITS
section: 12
title: Endorsement of names of wife and children on permits, passes and certificates
content:
12. Subject to such conditions as may be prescribed, it is lawful for the Controller, on application made in that behalf in the prescribed form by the holder of, or by an applicant for, a permit, pass or certificate, to endorse upon the permit, pass or certificate issued to that person the name or names of the wife or child of that person.


document_id: ia-1959
provision_ref: s13
chapter: PART 3 - ENTRY AND RE-ENTRY PERMITS
section: 13
title: Power to make inquiries
content:
13. The Controller may, before the issue of a permit, pass or certificate under this Act or before making any endorsement thereon under section 12, make such inquiries or require the production of such evidence as the Controller may think fit in order to satisfy himself or herself as to the truth of any statement made in the application for the permit, pass or certificate.


document_id: ia-1959
provision_ref: s14
chapter: PART 3 - ENTRY AND RE-ENTRY PERMITS
section: 14
title: Controller’s cancellation of and declarations regarding permits and certificates
content:
14. —(1) Where the holder of any permit seeks to enter Singapore accompanied by any child whose name is not endorsed upon that permit under section 12 and who is not otherwise entitled to enter Singapore under the provisions of this Act, the Controller may cancel the permit issued to that person. (2) Where, upon the arrival in Singapore of any person to whom a permit or certificate has been issued, the Controller is satisfied, as a result of inquiries made under section 24, 25, 25A or 26, or from other information, that the permit or certificate was issued as a result of any false representation or concealment of a material fact, the Controller may cancel the permit or certificate. (3) Where at any time during the period of validity of any permit or certificate, the Controller is satisfied that the holder of the permit or certificate is a prohibited immigrant, the Controller must cancel the permit or certificate. (4) Where any person has entered or remains in Singapore by virtue of a permit or certificate, and the Controller is satisfied that — ( a ) any material statement made in or in connection with the application for the permit or certificate was false or misleading; ( b ) the person is a prohibited immigrant; or ( c ) the holder of the permit or certificate has contravened any provision of this Act or the regulations or any condition of the permit or certificate, [Act 31 of 2023 wef 31/12/2024] the Controller may cancel the permit or certificate issued to that person, and may declare at any time after the date of the entry or date of the issue of the permit or certificate that the presence of that person in Singapore is unlawful. (5) If the Controller cancels a person’s re‑entry permit under subsection (4)( c ) for the contravention of any condition of the re‑entry permit, the Controller may cancel that person’s entry permit (whether or not that person has contravened any condition of the entry permit). [Act 31 of 2023 wef 31/12/2024] (5A) If the Controller cancels a person’s permit or certificate under subsection (2), (3), (4) or (5), or makes a declaration against the person under subsection (4), the Controller must give notice of the cancellation or declaration to the person. [Act 31 of 2023 wef 31/12/2024] (6) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s14A
chapter: PART 3 - ENTRY AND RE-ENTRY PERMITS
section: 14A
title: Automatic cancellation of entry permit
content:
14A. —(1) An entry permit issued to a person is cancelled if — ( a ) the person is required by section 11(1A) to apply for a re‑entry permit within the prescribed period mentioned in that provision, but does not comply with that provision; ( b ) the person, in compliance with section 11(1A), applies for a re‑entry permit within the prescribed period mentioned in that provision, and the Controller rejects the application; or ( c ) section 11(1A) does not apply to the person by reason of section 11(1D), and the Controller rejects the person’s application (mentioned in section 11(1D)) for a re‑entry permit. (2) The cancellation of a person’s entry permit under subsection (1) takes effect — ( a ) for subsection (1)( a ) — on the date immediately after the last day of the prescribed period mentioned in section 11(1A) for that person; or ( b ) for subsection (1)( b ) or ( c ) — on the date immediately after the Controller’s rejection of that person’s application mentioned in that provision. [Act 31 of 2023 wef 01/12/2025]


document_id: ia-1959
provision_ref: s15
chapter: PART 3 - ENTRY AND RE-ENTRY PERMITS
section: 15
title: Unlawful entry or presence in Singapore
content:
15. —(1) A person must not remain in Singapore after the cancellation of any permit or certificate, or after the making of a declaration under section 14(4) or after the expiration or notification to him or her, in such manner as may be prescribed, of the cancellation of any pass relating to or issued to him or her unless he or she is otherwise entitled or authorised to remain in Singapore under the provisions of this Act or the regulations. (2) A person must not remain in Singapore in contravention of section 62. (3) Any person who contravenes, without reasonable cause, this section shall be guilty of an offence and — ( a ) in the case where he or she remains unlawfully for a period not exceeding 90 days, shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 6 months or to both; ( b ) in the case where he or she remains unlawfully for a period exceeding 90 days, shall on conviction be punished with imprisonment for a term not exceeding 6 months and shall also be punished with caning with not less than 3 strokes, or where by virtue of section 325(1)( a ) or ( b ) of the Criminal Procedure Code 2010 he or she is not punishable with caning, he or she shall, in lieu of caning, be punished with a fine not exceeding $6,000. [15/2010] [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s16
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 16
title: Immigration signal
content:
16. —(1) The master of every vessel which arrives in or is about to leave Singapore must hoist the prescribed immigration signal and must exhibit that signal until authorised by an immigration officer to haul it down. (2) The master of a vessel who contravenes subsection (1) shall be guilty of an offence.


document_id: ia-1959
provision_ref: s17
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 17
title: Vessel to stop, proceed to immigration or departure anchorage or other place when ordered
content:
17. —(1) The Controller may, by notification in the Gazette , declare any place within the limits of any port to be an immigration anchorage, either for vessels generally or for vessels of a class specified in the notification. [18/2012] (2) The master of every vessel which arrives at or is about to leave a port where an immigration anchorage, either for vessels generally or for vessels of a class to which that vessel belongs, has been declared must, subject to any directions given under subsection (4), immediately navigate the vessel to that anchorage and must remain there until an immigration officer gives him or her permission to leave. (3) The master of every vessel which arrives in or is about to leave Singapore must, if ordered to do so by a police officer or an immigration officer, stop, anchor or tie up the vessel at such place as may be ordered, and must remain there until a police officer or an immigration officer gives him or her permission to leave. [18/2012] (4) The master of a vessel who contravenes or, without reasonable cause, fails to comply with this section or any order made or directions given thereunder shall be guilty of an offence.


document_id: ia-1959
provision_ref: s18
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 18
title: Aircraft arriving in or departing from Singapore
content:
18. —(1) The captain of every aircraft which arrives in or leaves Singapore must land the aircraft at, or fly the aircraft away from, an authorised airport. (2) The captain of an aircraft who, without reasonable cause, contravenes subsection (1) shall be guilty of an offence.


document_id: ia-1959
provision_ref: s18A
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 18A
title: Train arriving in or leaving Singapore
content:
18A. —(1) The master of every train which arrives in or leaves Singapore must stop the train at, or drive the train away from, an authorised train checkpoint. (2) The master of a train who, without reasonable cause, contravenes subsection (1) shall be guilty of an offence.


document_id: ia-1959
provision_ref: s18B
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 18B
title: Vehicles arriving in or leaving Singapore
content:
18B. —(1) The driver of a vehicle who wishes to drive into Singapore must stop the vehicle at an authorised place of embarkation, an authorised point of entry or an immigration control post upon arrival in Singapore. (2) The driver of a vehicle who wishes to drive out of Singapore must stop the vehicle at an authorised departing place, an authorised point of departure or an immigration control post before leaving Singapore. (3) The driver of a vehicle who, without reasonable cause, contravenes subsection (1) or (2) shall be guilty of an offence.


document_id: ia-1959
provision_ref: s19
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 19
title: Persons not to board or leave vessel until examination completed
content:
19. —(1) Except under and in accordance with any authority granted by an immigration officer, no person other than — ( a ) the pilot; ( b ) any Government officer boarding the vessel on duty; ( c ) the operator, owner, charterer or agent of the vessel; or [Act 31 of 2023 wef 31/07/2025] ( d ) a consular officer or an accredited representative of the country to which the vessel belongs, is to leave or board a vessel arriving in Singapore nor may any person (other than the crew of a vessel carrying any such person) approach within 200 metres of the vessel, until the vessel has been examined by an immigration officer and the immigration signal has been hauled down, or board a vessel departing from Singapore after it has been examined by an immigration officer just before its departure. (2) Any person who contravenes subsection (1) shall be guilty of an offence and every such person leaving a vessel in contravention of subsection (1) must, if so required by an immigration officer, return immediately to the vessel and remain thereon and the master of the vessel is bound to re‑embark that person.


document_id: ia-1959
provision_ref: s20
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 20
title: Prohibition on disembarking from or boarding ships without permission of immigration officer
content:
20. —(1) It is the duty of the master and the operator, owner or charterer of every vessel which arrives in Singapore to prevent any person other than a person specified in section 19(1)( a ), ( b ), ( c ) or ( d ) from disembarking from or boarding the vessel until the disembarkation or boarding has been authorised by an immigration officer, and for that purpose any means reasonably necessary may be used. [Act 31 of 2023 wef 31/07/2025] (2) Where any person disembarks from or boards any vessel before being authorised by an immigration officer in that behalf, that person, the master and the operator, owner or charterer of the vessel shall each be guilty of an offence under this section. [Act 31 of 2023 wef 31/07/2025] (3) It is no defence to a prosecution under this section that the master, operator, owner or charterer did not permit or do anything to facilitate the disembarkation or boarding of the person. [Act 31 of 2023 wef 31/07/2025] (4) It is a good defence to a prosecution under this section that the master, operator, owner or charterer took every reasonable precaution to prevent the disembarkation or boarding of the person. [Act 31 of 2023 wef 31/07/2025] (5) The master of the vessel from which any person has disembarked before the disembarkation has been authorised by an immigration officer is bound to re‑embark that person and any master refusing to re‑embark that person shall be guilty of an offence. (6) Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: ia-1959
provision_ref: s21
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 21
title: Prohibition of removal of articles before examination
content:
21. —(1) Except with the authority of an immigration officer, no article or thing is to be removed or taken from, or put on board, any vessel until the vessel has been examined by an immigration officer under section 19. (2) Any person who contravenes subsection (1) shall be guilty of an offence.


document_id: ia-1959
provision_ref: s22
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 22
title:
Provision of passenger and crew information by master, etc., of vessel arriving in, leaving or due to leave Singapore

content:
22. —(1) The master, operator, owner, agent or charterer of every vessel arriving at any authorised landing place for persons arriving in Singapore by sea from a place outside Singapore or leaving or due to leave from any authorised departing place for persons leaving Singapore by sea to a place outside Singapore must, if required to do so by an immigration officer — ( a ) within such time, in such form and manner and containing such particulars of the crew as may be prescribed, furnish to the immigration officer (or another immigration officer) a complete and accurate list of all the crew who are or will be on board the vessel at the time of its arrival at the authorised landing place or at the time of its departure from the authorised departing place, as the case may be; [Act 31 of 2023 wef 31/07/2025] ( b ) produce to the immigration officer (or another immigration officer) for inspection and interrogation every member of the crew as directed (either generally or specifically) by the immigration officer; [Act 31 of 2023 wef 31/07/2025] ( c ) furnish to the immigration officer (or another immigration officer) such evidence of identity of each member of the crew within such time and in such form and manner as may be prescribed; [Act 31 of 2023 wef 31/07/2025] ( d ) submit to such search of the vessel as may be necessary to establish the presence or absence of other persons on board; and [Act 31 of 2023 wef 31/07/2025] ( e ) produce the vessel’s papers. [Act 31 of 2023 wef 31/07/2025] ( f ) [ Deleted by Act 31 of 2023 wef 31/07/2025 ] [18/2012] [Act 31 of 2023 wef 31/07/2025] (2) In the case of vessels carrying passengers, the master, operator, owner, agent or charterer must, in addition, if required to do so by an immigration officer — ( a ) within such time, in such form and manner and containing such particulars as may be prescribed, furnish to the immigration officer (or another immigration officer) a complete and accurate list of all passengers who are or will be on board the vessel at the time of its arrival at the authorised landing place or departure from the authorised departing place, as the case may be; [Act 31 of 2023 wef 31/07/2025] ( b ) within such time, in such form and manner and containing such particulars as may be prescribed, furnish to the immigration officer (or another immigration officer) a complete and accurate list of all passengers disembarking in or embarking from Singapore; and [Act 31 of 2023 wef 31/07/2025] ( c ) produce to the immigration officer (or another immigration officer) for inspection and interrogation every passenger as directed (either generally or specifically) by the immigration officer. [18/2012] [Act 31 of 2023 wef 31/07/2025] (3) Before the vessel arrives at the authorised landing place or departs from the authorised departing place (as the case may be), the master, operator, owner, agent or charterer must report to an immigration officer the presence on board of any stowaway, any unauthorised person, or any person proceeding to any country on that person’s removal from any other country by the competent authority of that other country. [Act 31 of 2023 wef 31/07/2025] (3A) Any person who contravenes subsection (1)( a ) or (2)( a ) or ( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [Act 31 of 2023 wef 31/07/2025] (3B) The offence under subsection (3A) is a strict liability offence. [Act 31 of 2023 wef 31/07/2025] (3C) Any person who contravenes subsection (1) (except paragraph ( a )) or (2)( c ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [Act 31 of 2023 wef 31/07/2025] (3D) Any person who hinders or obstructs any search of a vessel under subsection (1)( d ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [Act 31 of 2023 wef 31/07/2025] (4) If any person whose presence has not been reported under subsection (3) is found on board the vessel, the master, operator, owner, agent and charterer of the vessel shall each be guilty of an offence and shall each be liable on conviction to a fine of not less than $5,000 and not more than $10,000 in respect of each such person. [Act 31 of 2023 wef 31/07/2025] (5) In any proceedings under this section, the certificate in writing of an immigration officer who boarded or examined any particular vessel to the effect that the vessel carried, on arrival in Singapore, a total number of seamen corresponding in description to the particulars on the identification cards furnished under subsection (1)( c ) is conclusive proof that the vessel did on arrival carry that number of seamen.


document_id: ia-1959
provision_ref: s22A
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 22A
title:
Provision of passenger and crew information in advance by master, etc., of vessel due to arrive in Singapore

content:
22A. —(1) The master, operator, owner, agent or charterer of every vessel which is due to arrive at any authorised landing place for persons arriving in Singapore by sea from a place outside Singapore must, upon being given reasonable prior notice in writing by the Controller to comply with this section — ( a ) within such time prior to the arrival of the vessel at the authorised landing place, in such form and manner and containing such particulars of the crew as may be prescribed, furnish to the Controller a complete and accurate list of all the crew who are or will be on board the vessel at the time of its arrival at the authorised landing place; [Act 31 of 2023 wef 31/07/2025] ( b ) within such time prior to the arrival of the vessel at the authorised landing place and in such form and manner as may be prescribed, furnish to the Controller a complete and accurate list of all passengers who are or will be on board the vessel at the time of its arrival at the authorised landing place; and [Act 31 of 2023 wef 31/07/2025] ( c ) furnish to the Controller a complete and accurate list of all passengers disembarking in Singapore, containing such particulars regarding one or both of the following: (i) advance passenger information; (ii) information recorded in the passenger reservation system for that vessel, within such time prior to the arrival of the vessel at the authorised landing place and in such form and manner as may be prescribed. [18/2012] [Act 31 of 2023 wef 31/07/2025] (2) The Controller may at any time by notice in writing to the master, operator, owner, agent or charterer of a vessel, revoke the notice given to that person under subsection (1). [18/2012] [Act 31 of 2023 wef 31/07/2025] (3) Any person who contravenes subsection (1)( a ), ( b ) or ( c ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [Act 31 of 2023 wef 31/07/2025] (4) The offence under subsection (3) is a strict liability offence. [Act 31 of 2023 wef 31/07/2025]


document_id: ia-1959
provision_ref: s23
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 23
title:
Provision of passenger and crew information by captain, etc., of aircraft arriving in, leaving or due to leave Singapore

content:
23. —(1) The captain, operator, owner, agent or charterer of every aircraft arriving at any airport in Singapore from a place outside Singapore or leaving or due to leave any airport in Singapore to a place outside Singapore must, if required to do so by an immigration officer — ( a ) within such time, in such form and manner and containing such particulars as may be prescribed, furnish to the immigration officer (or another immigration officer) a complete and accurate list of all passengers who are or will be on board the aircraft at the time of its arrival at the airport or departure from the airport, as the case may be; [Act 31 of 2023 wef 31/07/2025] ( b ) within such time, in such form and manner and containing such particulars as may be prescribed, furnish to the immigration officer (or another immigration officer) a complete and accurate list of all passengers landing in or departing from Singapore; [Act 31 of 2023 wef 31/07/2025] ( c ) within such time, in such form and manner and containing such particulars of the crew as may be prescribed, furnish to the immigration officer (or another immigration officer) a complete and accurate list of all the crew of the aircraft who are or will be on board the aircraft at the time of its arrival at the airport or departure from the airport, as the case may be; [Act 31 of 2023 wef 31/07/2025] ( d ) produce to the immigration officer (or another immigration officer) for inspection and interrogation every member of the crew and every passenger as directed (either generally or specifically) by the immigration officer; and [Act 31 of 2023 wef 31/07/2025] ( e ) submit to such search of the aircraft as may be necessary to establish the presence or absence of other persons on board. [Act 31 of 2023 wef 31/07/2025] ( f ) [ Deleted by Act 31 of 2023 wef 31/07/2025 ] [18/2012] [Act 31 of 2023 wef 31/07/2025] (2) Before the aircraft arrives at or departs from the airport (as the case may be), the master, operator, owner, agent or charterer must report to an immigration officer the presence on board of any stowaway, any unauthorised person, or any person proceeding to any country on that person’s removal from any other country by the competent authority of that other country. [Act 31 of 2023 wef 31/07/2025] (2A) Any person who contravenes subsection (1)( a ), ( b ) or ( c ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [Act 31 of 2023 wef 31/07/2025] (2B) The offence under subsection (2A) is a strict liability offence. [Act 31 of 2023 wef 31/07/2025] (2C) Any person who contravenes subsection (1)( d ) or ( e ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [Act 31 of 2023 wef 31/07/2025] (2D) Any person who hinders or obstructs any search of an aircraft under subsection (1)( e ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [Act 31 of 2023 wef 31/07/2025] (3) If any person whose presence has not been reported under subsection (2) is found on board an aircraft, the captain, operator, owner, agent and charterer of the aircraft shall each be guilty of an offence and shall each be liable on conviction to a fine of not less than $5,000 and not more than $10,000 in respect of each such person. [Act 31 of 2023 wef 31/07/2025] (4) In any proceedings under this section, the certificate in writing of an immigration officer who boarded or examined any particular aircraft to the effect that the aircraft carried, on arrival in Singapore, a total number of crew corresponding in description to the particulars on the list furnished under subsection (1)( c ) is conclusive proof that the aircraft did on arrival carry that number of crew.


document_id: ia-1959
provision_ref: s23AA
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 23AA
title:
Provision of passenger and crew information in advance by captain, etc., of aircraft due to arrive in Singapore

content:
23AA. —(1) The captain, operator, owner, agent or charterer of every aircraft which is due to arrive at any airport in Singapore from a place outside Singapore must, upon being given reasonable prior notice in writing by the Controller to comply with this section — ( a ) within such time prior to the arrival of the aircraft at the airport, in such form and manner and containing such particulars of the crew as may be prescribed, furnish to the Controller a complete and accurate list of all the crew of the aircraft who are or will be on board the aircraft at the time of its arrival at the airport; [Act 31 of 2023 wef 31/07/2025] ( b ) within such time prior to the arrival of the aircraft at the airport and in such form and manner as may be prescribed, furnish to the Controller a complete and accurate list of all passengers who are or will be on board the aircraft at the time of its arrival at the airport; and [Act 31 of 2023 wef 31/07/2025] ( c ) furnish to the Controller a complete and accurate list of all passengers landing in Singapore, containing such particulars regarding one or both of the following: (i) advance passenger information; (ii) information recorded in the passenger reservation system for that aircraft, within such time prior to the arrival of the aircraft at the airport and in such form and manner as may be prescribed. [18/2012] [Act 31 of 2023 wef 31/07/2025] (2) The Controller may at any time by notice in writing to the captain, operator, owner, agent or charterer of an aircraft, revoke the notice given to that person under subsection (1). [18/2012] [Act 31 of 2023 wef 31/07/2025] (3) Any person who contravenes subsection (1)( a ), ( b ) or ( c ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [Act 31 of 2023 wef 31/07/2025] (4) The offence under subsection (3) is a strict liability offence. [Act 31 of 2023 wef 31/07/2025]


document_id: ia-1959
provision_ref: s23A
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 23A
title:
Provision of passenger and crew information by master, etc., of train arriving in, leaving or due to leave Singapore

content:
23A. —(1) The master, operator, owner, agent or charterer of every train arriving at any train checkpoint in Singapore from a place outside Singapore or leaving or due to leave any train checkpoint in Singapore to a place outside Singapore must, at an authorised train checkpoint and if required to do so by an immigration officer — ( a ) within such time, in such form and manner and containing such particulars of the crew as may be prescribed, furnish to the immigration officer (or another immigration officer) a complete and accurate list of all the crew who are or will be on board the train at the time of its arrival at the train checkpoint or departure from the train checkpoint, as the case may be; [Act 31 of 2023 wef 31/07/2025] ( b ) produce to the immigration officer (or another immigration officer) for inspection and interrogation every member of the crew as directed (either generally or specifically) by the immigration officer; and [Act 31 of 2023 wef 31/07/2025] ( c ) submit to such search of the train as may be necessary to establish the presence or absence of other persons on board. [Act 31 of 2023 wef 31/07/2025] ( d ) [ Deleted by Act 31 of 2023 wef 31/07/2025 ] [18/2012] [Act 31 of 2023 wef 31/07/2025] (2) In the case of a train carrying passengers, the master, operator, owner, agent or charterer must, in addition, if required to do so by an immigration officer — ( a ) within such time, in such form and manner and containing such particulars as may be prescribed, furnish to the immigration officer (or another immigration officer) a complete and accurate list of all passengers who are or will be on board the train at the time of its arrival at the train checkpoint or departure from the train checkpoint, as the case may be; [Act 31 of 2023 wef 31/07/2025] ( b ) within such time, in such form and manner and containing such particulars as may be prescribed, furnish to the immigration officer (or another immigration officer) a complete and accurate list of all passengers disembarking in or embarking from Singapore; and [Act 31 of 2023 wef 31/07/2025] ( c ) produce to the immigration officer (or another immigration officer) for inspection and interrogation every passenger as directed (either generally or specifically) by the immigration officer. [18/2012] [Act 31 of 2023 wef 31/07/2025] (3) Before the train arrives at or departs from the train checkpoint (as the case may be), the master, operator, owner, agent or charterer must report to an immigration officer the presence on board of any stowaway, any unauthorised person, or any person proceeding to any country on that person’s removal from any other country by the competent authority of that other country. [Act 31 of 2023 wef 31/07/2025] (3A) Any person who contravenes subsection (1)( a ) or (2)( a ) or ( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [Act 31 of 2023 wef 31/07/2025] (3B) The offence under subsection (3A) is a strict liability offence. [Act 31 of 2023 wef 31/07/2025] (3C) Any person who contravenes subsection (1)( b ) or ( c ) or (2)( c ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [Act 31 of 2023 wef 31/07/2025] (3D) Any person who hinders or obstructs any search of a train under subsection (1)( c ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [Act 31 of 2023 wef 31/07/2025] (4) If any person whose presence has not been reported under subsection (3) is found on board the train, the master, operator, owner, agent and charterer of the train shall each be guilty of an offence and shall each be liable on conviction to a fine of not less than $5,000 and not more than $10,000 in respect of each such person. [Act 31 of 2023 wef 31/07/2025] (5) In any proceedings under this section, the certificate in writing of an immigration officer who boarded or examined any particular train to the effect that the train carried, on arrival in Singapore, a total number of crew corresponding in description to the particulars on the list furnished under subsection (1)( a ) is conclusive proof that the train did on arrival carry that number of crew.


document_id: ia-1959
provision_ref: s23B
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 23B
title:
Provision of passenger and crew information in advance by master, etc., of train due to arrive in Singapore

content:
23B. —(1) The master, operator, owner, agent or charterer of every train which is due to arrive at any train checkpoint in Singapore from a place outside Singapore must, upon being given reasonable prior notice in writing by the Controller to comply with this section — ( a ) within such time prior to the arrival of the train at the train checkpoint, in such form and manner and containing such particulars of the crew as may be prescribed, furnish to the Controller a complete and accurate list of all the crew who are or will be on board the train at the time of its arrival at the train checkpoint; [Act 31 of 2023 wef 31/07/2025] ( b ) within such time prior to the arrival of the train at the train checkpoint and in such form and manner as may be prescribed, furnish to the Controller a complete and accurate list of all passengers who are or will be on board the train at the time of its arrival at the train checkpoint; and [Act 31 of 2023 wef 31/07/2025] ( c ) furnish to the Controller a complete and accurate list of all passengers disembarking in Singapore, containing such particulars regarding one or both of the following: (i) advance passenger information; (ii) information recorded in the passenger reservation system for that train, within such time prior to the arrival of the train at the train checkpoint and in such form and manner as may be prescribed. [18/2012] [Act 31 of 2023 wef 31/07/2025] (2) The Controller may at any time by notice in writing to the master, operator, owner, agent or charterer of a train, revoke the notice given to that person under subsection (1). [18/2012] [Act 31 of 2023 wef 31/07/2025] (3) Any person who contravenes subsection (1)( a ), ( b ) or ( c ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [Act 31 of 2023 wef 31/07/2025] (4) The offence under subsection (3) is a strict liability offence. [Act 31 of 2023 wef 31/07/2025]


document_id: ia-1959
provision_ref: s23C
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 23C
title:
Provision of passenger and crew information by driver, etc., of bus arriving in, leaving or due to leave Singapore

content:
23C. —(1) The driver, operator, owner, agent or charterer of every bus arriving at any authorised point of entry in Singapore from a place outside Singapore, or leaving or due to leave any authorised point of departure in Singapore to a place outside Singapore, must, if required to do so by an immigration officer — ( a ) within such time, in such form and manner and containing such particulars of the crew as may be prescribed, furnish to the immigration officer (or another immigration officer) a complete and accurate list of all the crew who are or will be on board the bus at the time of its arrival at the authorised point of entry, or departure from the authorised point of departure, as the case may be; ( b ) within such time, in such form and manner and containing such particulars as may be prescribed, furnish to the immigration officer (or another immigration officer) a complete and accurate list of all passengers who are or will be on board the bus at the time of its arrival at the authorised point of entry, or departure from the authorised point of departure, as the case may be; ( c ) within such time, in such form and manner and containing such particulars as may be prescribed, furnish to the immigration officer (or another immigration officer) a complete and accurate list of all passengers disembarking in or embarking from Singapore; ( d ) produce to the immigration officer (or another immigration officer) for inspection and interrogation every member of the crew and every passenger as directed (either generally or specifically) by the immigration officer; and ( e ) submit to such search of the bus as may be necessary to establish the presence or absence of other persons on board. (2) Subsection (1)( b ) and ( c ) does not apply to an omnibus. (3) Before the bus arrives at the authorised point of entry or departs from the authorised point of departure (as the case may be), the driver, operator, owner, agent or charterer must report to an immigration officer the presence on board of any stowaway, any unauthorised person, or any person proceeding to any country on the person’s removal from any other country by the competent authority of that country. (4) Any person who contravenes subsection (1)( a ), ( b ) or ( c ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (5) The offence under subsection (4) is a strict liability offence. (6) Any person who contravenes subsection (1)( d ) or ( e ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. (7) Any person who hinders or obstructs any search of a bus under subsection (1)( e ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. (8) If any person whose presence in a bus has not been reported under subsection (3) is found on board the bus, the driver, operator, owner, agent and charterer of the bus shall each be guilty of an offence and shall each be liable on conviction to a fine of not less than $5,000 and not more than $10,000 in respect of each such person. (9) In any proceedings under this section, the certificate in writing of an immigration officer who boarded or examined any particular bus to the effect that the bus carried, on arrival in Singapore, a total number of crew corresponding in description to the particulars on the list furnished under subsection (1)( a ) is conclusive proof that the bus did on arrival carry that number of crew. [Act 31 of 2023 wef 31/07/2025]


document_id: ia-1959
provision_ref: s23D
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 23D
title:
Provision of passenger and crew information in advance by driver, etc., of bus due to arrive in Singapore

content:
23D. —(1) The driver, operator, owner, agent or charterer of every bus which is due to arrive at any authorised point of entry in Singapore from a place outside Singapore must, upon being given reasonable prior notice in writing by the Controller to comply with this section — ( a ) within such time prior to the arrival of the bus at the authorised point of entry, in such form and manner and containing such particulars of the crew as may be prescribed, furnish to the Controller a complete and accurate list of all the crew who are or will be on board the bus at the time of its arrival at the authorised point of entry; ( b ) within such time prior to the arrival of the bus at the authorised point of entry and in such form and manner as may be prescribed, furnish to the Controller a complete and accurate list of all passengers who are or will be on board the bus at the time of its arrival at the authorised point of entry; and ( c ) furnish to the Controller a complete and accurate list of all passengers disembarking in Singapore, containing such particulars regarding one or both of the following: (i) advance passenger information; (ii) information recorded in the passenger reservation system for that bus, within such time prior to the arrival of the bus at the authorised point of entry and in such form and manner as may be prescribed. (2) Subsection (1)( b ) and ( c ) does not apply to an omnibus. (3) The Controller may at any time, by notice in writing to the driver, operator, owner, agent or charterer of the bus, revoke the notice given to that person under subsection (1). (4) Any person who contravenes subsection (1)( a ), ( b ) or ( c ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (5) The offence under subsection (4) is a strict liability offence. [Act 31 of 2023 wef 31/07/2025]


document_id: ia-1959
provision_ref: s23E
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 23E
title: Offence by employee, etc., of operator, etc., of vessel, aircraft, train or bus
content:
23E. —(1) If a person (called in this section the offender) contravenes a relevant provision in respect of a conveyance, a related individual who (whether by act or omission) intentionally or knowingly causes or enables the offender to contravene the relevant provision shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. (2) In this section — “conveyance” means a vessel, an aircraft, a train or a bus; “related individual”, for an offender, means — ( a ) the master of the conveyance in respect of which the offender contravenes a relevant provision; or ( b ) an officer or employee of the offender; “relevant provision” means — ( a ) for a vessel — section 22(1)( a ) or (2)( a ) or ( b ) or 22A(1)( a ), ( b ) or ( c ); ( b ) for an aircraft — section 23(1)( a ), ( b ) or ( c ) or 23AA(1)( a ), ( b ) or ( c ); ( c ) for a train — section 23A(1)( a ) or (2)( a ) or ( b ) or 23B(1)( a ), ( b ) or ( c ); or ( d ) for a bus — section 23C(1)( a ), ( b ) or ( c ) or 23D(1)( a ), ( b ) or ( c ). [Act 31 of 2023 wef 31/07/2025]


document_id: ia-1959
provision_ref: s23F
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 23F
title: Provision in advance by person due to arrive in or due to leave Singapore by land
content:
23F. —(1) This section applies to a person (called in this section the subject person) who — ( a ) is due to arrive at any authorised point of entry in Singapore from a place outside Singapore, or is due to leave any authorised point of departure in Singapore to a place outside Singapore, by land (using any mode of land transport or on foot); and ( b ) is, by reasonable prior notice given by the Controller, required to comply with this section. (2) The subject person must, within such time prior to the subject person’s arrival at the authorised point of entry or departure from the authorised point of departure (as the case may be), furnish to the Controller such particulars of the subject person, in such form and manner, as may be prescribed. (3) The Controller may at any time, by notice to the subject person, revoke the notice given to the subject person under subsection (1)( b ). (4) The Controller may (instead of giving a notice directly to the subject person under subsection (1)( b ) or (3)) publish the notice generally, in such form and manner as the Controller considers appropriate in the circumstances, and the requirements of subsection (1)( b ) or (3) (as the case may be) are taken to be satisfied upon such publication. (5) Any person who contravenes subsection (2) shall be guilty of an offence. [Act 31 of 2023 wef 31/07/2025]


document_id: ia-1959
provision_ref: s24
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 24
title: Examination of persons arriving by sea
content:
24. —(1) Every person arriving by sea in Singapore, whether or not he or she enters Singapore, must appear before an immigration officer at such time and place as that officer may direct. [18/2012] (1A) A person who appears before an immigration officer under subsection (1) must furnish such particulars about the person, in such form or manner, as that officer may require. [Act 31 of 2023 wef 31/12/2024] (2) The immigration officer, after such examination as he or she may consider necessary, must inform any person whom the immigration officer considers to be prohibited from entering Singapore under the provisions of this Act or any regulations or orders made under this Act of his or her finding. [Act 31 of 2023 wef 31/12/2024] (2A) The person mentioned in subsection (2) — ( a ) if still on board the vessel that conveyed the person to Singapore — must not disembark in Singapore; or ( b ) if the person has disembarked for the purposes of the examination mentioned in that subsection — must immediately comply with any direction given by an immigration officer under subsection (2B). [Act 31 of 2023 wef 31/12/2024] (2B) An immigration officer may direct the person mentioned in subsection (2A)( b ) to — ( a ) re‑embark, and remain on, the vessel that the person disembarked from; ( b ) embark, and remain on, another vessel specified by the immigration officer; or ( c ) proceed to, and remain in, an immigration depot or a place designated by the Controller, until arrangements are made for the person to leave Singapore, and leave Singapore in accordance with those arrangements. [Act 31 of 2023 wef 31/12/2024] (3) The master, operator, owner, agent or charterer of the vessel must likewise immediately be informed in writing by the immigration officer of his or her finding and the master, operator, owner, agent or charterer must not permit the person to disembark in Singapore, or, if the person has disembarked, whether for the purpose of examination or otherwise, is bound to re‑embark the person and remove the person from Singapore by the same or such other vessel, to the person’s place of embarkation, the country of the person’s birth or citizenship or such other destination, as that immigration officer may direct. [18/2012] [Act 31 of 2023 wef 31/12/2024] (4) Any person who — ( a ) refuses or neglects to appear before an immigration officer as required by subsection (1) or who leaves the place of examination without or otherwise than in accordance with the authorisation of that officer; ( b ) contravenes subsection (1A) or (2A)( a ) or ( b ); or [Act 31 of 2023 wef 31/12/2024] ( c ) being the master, operator, owner, agent or charterer of a vessel, permits any person to disembark in Singapore or refuses to re‑embark any person, or refuses or neglects to remove the person from Singapore in accordance with subsection (3), after being informed by an immigration officer that the person is prohibited from entering Singapore or that the person has refused or neglected to appear before an immigration officer as required by subsection (1) or that the person had left the place of examination without or otherwise than in accordance with the authorisation of that officer, [Act 31 of 2023 wef 31/12/2024] shall each be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 12 months or to both. [18/2012] (5) If any person contravenes subsection (2A)( a ) or ( b ), an immigration officer, a police officer or an auxiliary police officer acting under the directions of an immigration officer or a police officer, may take such steps, including the use of force, as may be reasonably necessary to compel that person to comply with that provision, and the master, operator, owner, agent or charterer of the relevant vessel is bound to re‑embark or embark (as the case may be) that person and to remove that person from Singapore. [18/2012] [Act 31 of 2023 wef 31/12/2024] (6) [ Deleted by Act 31 of 2023 wef 31/12/2024 ]


document_id: ia-1959
provision_ref: s25
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 25
title: Examination of persons arriving at authorised airport
content:
25. —(1) Every person arriving by air at any authorised airport in Singapore, whether or not the person enters Singapore, must appear before an immigration officer at such time and place as that officer may direct. [18/2012] (1A) A person who appears before an immigration officer under subsection (1) must furnish such particulars about the person, in such form or manner, as that officer may require. [Act 31 of 2023 wef 31/12/2024] (2) The immigration officer, after such examination as he or she may consider necessary, must inform any person whom the immigration officer considers to be prohibited from entering Singapore under the provisions of this Act or any regulations or orders made under this Act of his or her finding. [Act 31 of 2023 wef 31/12/2024] (2A) The person mentioned in subsection (2) must immediately comply with any direction given by an immigration officer under subsection (2B). [Act 31 of 2023 wef 31/12/2024] (2B) An immigration officer may direct the person mentioned in subsection (2A) to — ( a ) leave Singapore by the first available means; or ( b ) proceed to, and remain in, an immigration depot or a place designated by the Controller, until arrangements are made for the person to leave Singapore, and leave Singapore in accordance with those arrangements. [Act 31 of 2023 wef 31/12/2024] (3) The captain, operator, owner, agent or charterer of the aircraft in which the person arrived must, if so required by the immigration officer, remove the person from Singapore by the same or such other aircraft, to the person’s place of embarkation, the country of the person’s birth or citizenship or such other destination, as that immigration officer may direct. [18/2012] [Act 31 of 2023 wef 31/12/2024] (4) Any person who — ( a ) refuses or neglects to appear before an immigration officer as required by subsection (1) or who leaves the place of examination without or otherwise than in accordance with the authorisation of that officer; ( b ) contravenes subsection (1A) or (2A); or [Act 31 of 2023 wef 31/12/2024] ( c ) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] ( d ) being the captain, operator, owner, agent or charterer of the aircraft in which any person arrived in Singapore, refuses or neglects to remove the person from Singapore in accordance with subsection (3) after being informed by an immigration officer that the person is prohibited from entering Singapore or that the person has refused or neglected to appear before an immigration officer as required by subsection (1) or that the person has left the place of examination without, or otherwise than in accordance with, the authorisation of that officer, [Act 31 of 2023 wef 31/12/2024] shall each be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 12 months or to both. [18/2012] (5) If any person contravenes subsection (2A), an immigration officer, a police officer or an auxiliary police officer acting under the directions of an immigration officer or a police officer, may take such steps, including the use of force, as may be reasonably necessary to compel that person to comply with that provision. [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s25A
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 25A
title: Examination of persons arriving by train
content:
25A. —(1) Every person arriving by train at any authorised train checkpoint in Singapore, whether or not the person enters Singapore, must appear before an immigration officer at such time and place as that officer may direct. [18/2012] (1A) A person who appears before an immigration officer under subsection (1) must furnish such particulars about the person, in such form or manner, as that officer may require. [Act 31 of 2023 wef 31/12/2024] (2) The immigration officer, after such examination as he or she may consider necessary, must inform any person whom the immigration officer considers to be prohibited from entering Singapore under the provisions of this Act or any regulations or orders made under this Act of his or her finding. [Act 31 of 2023 wef 31/12/2024] (2A) The person mentioned in subsection (2) must immediately comply with any direction given by an immigration officer under subsection (2B). [Act 31 of 2023 wef 31/12/2024] (2B) An immigration officer may direct the person mentioned in subsection (2A) to — ( a ) leave Singapore by any mode of land transport or on foot; or ( b ) proceed to, and remain in, an immigration depot or a place designated by the Controller, until arrangements are made for the person to leave Singapore, and leave Singapore in accordance with those arrangements. [Act 31 of 2023 wef 31/12/2024] (3) The master, operator, owner, agent or charterer of the train in which the person arrived must, if so required by the immigration officer, remove the person from Singapore by the same or such other train, to the person’s place of embarkation, the country of the person’s birth or citizenship or such other destination, as that immigration officer may direct. [18/2012] [Act 31 of 2023 wef 31/12/2024] (4) Any person who — ( a ) refuses or neglects to appear before an immigration officer as required by subsection (1) or who leaves the place of examination without, or otherwise than in accordance with, the authorisation of that officer; ( b ) contravenes subsection (1A) or (2A); or [Act 31 of 2023 wef 31/12/2024] ( c ) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] ( d ) being the master, operator, owner, agent or charterer of the train in which any person arrived in Singapore, refuses or neglects to remove the person from Singapore in accordance with subsection (3) after being informed by an immigration officer that the person is prohibited from entering Singapore or that the person has refused or neglected to appear before an immigration officer as required by subsection (1) or that the person has left the place of examination without, or otherwise than in accordance with, the authorisation of that officer, [Act 31 of 2023 wef 31/12/2024] shall each be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 12 months or to both. [18/2012] (5) If any person contravenes subsection (2A), an immigration officer, a police officer or an auxiliary police officer acting under the directions of an immigration officer or a police officer, may take such steps, including the use of force, as may be reasonably necessary to compel that person to comply with that provision. [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s26
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 26
title:
Examination of persons entering Singapore by land or at place other than authorised landing place or airport

content:
26. —(1) Every person who enters Singapore by land must — ( a ) proceed to the nearest immigration control post; ( b ) appear before an immigration officer in charge of the post; and ( c ) furnish such particulars about the person, in such form or manner, as that officer may require. [Act 31 of 2023 wef 31/12/2024] (2) Every person arriving by sea or air in Singapore at any place, other than at an authorised landing place or airport, must immediately proceed to and appear before the nearest immigration officer. (3) The immigration officer before whom any person appears in accordance with this section must, if the immigration officer considers that the person is prohibited from entering Singapore under the provisions of this Act or any regulations or orders made under this Act, inform that person of his or her finding. [Act 31 of 2023 wef 31/12/2024] (3A) The person mentioned in subsection (3) must immediately comply with any direction given by an immigration officer under subsection (3B). [Act 31 of 2023 wef 31/12/2024] (3B) An immigration officer may direct the person mentioned in subsection (3A) to — ( a ) leave Singapore in accordance with the instructions of the immigration officer; or ( b ) proceed to, and remain in, an immigration depot or a place designated by the Controller, until arrangements are made for the person to leave Singapore, and leave Singapore in accordance with those arrangements. [Act 31 of 2023 wef 31/12/2024] (4) Any person who contravenes this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 12 months or to both. (5) If any person contravenes subsection (3A), an immigration officer, a police officer or an auxiliary police officer acting under the directions of an immigration officer or a police officer, may take such steps, including the use of force, as may be reasonably necessary to compel that person to comply with that provision. [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s27
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 27
title: Power to send person to depot for further examination
content:
27. —(1) Where an immigration officer is in doubt as to the right of any person to enter Singapore, it is lawful for that officer to direct the person to an immigration depot and, in that case, that person must proceed immediately to that depot and must remain there until permitted to leave by that officer. (2) No person shall, except on the written order of the Minister, be so detained for any period exceeding 7 days except that the Controller may, in his or her discretion, and pending the completion of inquiries regarding that person, release that person from the immigration depot on such terms and conditions as the Controller may think fit, and for that purpose the Controller may issue to that person a pass in the prescribed form. (3) Any person who refuses or neglects to comply with any directions given by an immigration officer under subsection (1), or who leaves an immigration depot in contravention of that subsection, shall be guilty of an offence.


document_id: ia-1959
provision_ref: s28
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 28
title: Interrogation of travellers
content:
28. —(1) Any person who arrives in Singapore or who is about to leave Singapore must — ( a ) fully and truthfully answer all questions and enquiries put to him or her by an immigration officer or a police officer tending, directly or indirectly, to establish his or her identity, nationality or occupation or bearing on any of the restrictions contained in this Act or the regulations or any absolute or conditional liability on his or her part to any military, naval or air force service under any country; and [Act 31 of 2023 wef 31/12/2024] ( b ) disclose and produce to any such officer on demand all documents in his or her possession relating to those matters. (2) All such answers and documents shall be admissible in evidence in any proceedings under this Act against the person making, disclosing or producing the same. (3) Nothing in this section is to be construed as rendering any such answer inadmissible in any other proceedings in which they would otherwise be admissible. (4) Any person who — ( a ) refuses to answer any question or enquiry put to him or her under subsection (1); ( b ) knowingly gives any false or misleading answer to any such question or enquiry; ( c ) refuses or fails to produce any document in his or her possession when required to do so under subsection (1); or ( d ) knowingly produces any false or misleading document, shall be guilty of an offence and shall be liable on conviction — ( e ) in the case of an offence under paragraph ( a ), ( b ) or ( c ), to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; or ( f ) in the case of an offence under paragraph ( d ), to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: ia-1959
provision_ref: s29
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 29
title: Medical examination
content:
29. —(1) For the purpose of exercising his or her powers and carrying out his or her functions and duties under this Act or the regulations, an immigration officer may require any person who desires to enter Singapore, or to whom a permit, pass or certificate has been issued, to submit to an examination by a registered medical practitioner. [18/2012] (2) The registered medical practitioner must, upon completion of an examination of a person under subsection (1), submit a copy of the results of the examination to the Controller. [18/2012] (3) Despite the provisions of any other written law or rule of law, a registered medical practitioner must, if required by the Controller for the purposes of exercising his or her powers and carrying out his or her functions and duties under this Act or the regulations, furnish the Controller with a copy of any medical record relating to a person who has been examined pursuant to subsection (1) as the Controller may require. [18/2012] (4) Any person to whom a permit, pass or certificate has been issued who, without reasonable excuse, refuses to submit to an examination when required by an immigration officer under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. (5) The Controller may cancel the permit, pass or certificate of any person who refuses to submit to any examination when required to do so by an immigration officer under subsection (1). (6) If the Controller cancels a person’s permit, pass or certificate under subsection (5), the Controller must give notice of the cancellation to the person. [Act 31 of 2023 wef 31/12/2024] (7) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] (8) In this section, “registered medical practitioner” means a medical practitioner registered under the Medical Registration Act 1997 who is employed in any hospital or medical institution and is designated by name or office by the Controller in writing for the purposes of this section. [18/2012]


document_id: ia-1959
provision_ref: s30
chapter: PART 4 - PROCEDURE ON ARRIVAL IN AND
section: 30
title: Immigration officer may give instructions to prevent evasion of examination
content:
30. —(1) An immigration officer may give such instructions as may be reasonably necessary to ensure that no person who arrives in, or is leaving, Singapore evades examination either of his or her person or effects. [Act 31 of 2023 wef 31/12/2024] (2) Any person who, without reasonable excuse, refuses or fails to comply with any instructions given under subsection (1) shall be guilty of an offence.


document_id: ia-1959
provision_ref: s31
chapter: PART 5 - REMOVAL FROM SINGAPORE
section: 31
title: Removal of prohibited immigrants from Singapore
content:
31. —(1) If during the examination of any person arriving in Singapore or after such inquiry as may be necessary that person is found to be a prohibited immigrant, the Controller shall, subject to the provisions of the regulations, prohibit the person from disembarking or may detain the person at an immigration depot or other place designated by the Controller. (2) The person shall be liable to be removed from Singapore to his or her place of embarkation or to the country of his or her birth or citizenship or to any other port or place designated by the Controller. (3) For the purposes of this Part, any reference to a person who has arrived in Singapore includes a reference to a person who has arrived but has not yet entered Singapore.


document_id: ia-1959
provision_ref: s31A
chapter: PART 5 - REMOVAL FROM SINGAPORE
section: 31A
title: Power of Controller to remove prohibited immigrants
content:
31A. —(1) The Controller may, at any time, by written order, direct any person mentioned in subsection (2) to remove, within such period as may be specified in the order, a prohibited immigrant who has arrived in Singapore. (2) An order under subsection (1) is to be made against and served on — ( a ) the master of the vessel, aircraft or train which first brought the prohibited immigrant to Singapore; or ( b ) the master of any other vessel, aircraft or train belonging to the same owner, operated by the same operator or chartered by the same charterer of the vessel, aircraft or train mentioned in paragraph ( a ). [Act 31 of 2023 wef 31/07/2025] (3) The Controller may take such action or use such force as may be necessary to ensure that an order under this section is complied with. (4) Without limiting subsection (3), the Controller may, by written order, direct the person against whom an order under this section is made, not to move his or her vessel, aircraft or train unless the prohibited immigrant named in that order is on board the vessel, aircraft or train. (5) Any person who contravenes any order made under subsection (1) or (4) shall be guilty of an offence and shall be liable on conviction to a fine of not less than $5,000 and not more than $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: ia-1959
provision_ref: s32
chapter: PART 5 - REMOVAL FROM SINGAPORE
section: 32
title: Removal of illegal immigrants
content:
32. —(1) Any person who is convicted of an offence under section 5, 6, 8 or 9 is liable to be removed from Singapore by order of the Controller. (1A) If a person is ordered to be removed from Singapore under subsection (1), the Controller may repatriate the person to — ( a ) the person’s place of embarkation; ( b ) the country of the person’s birth or citizenship; or ( c ) any other place designated by the Controller. [Act 31 of 2023 wef 31/12/2024] (2) A citizen of Singapore convicted of an offence under section 5 must not be ordered to be removed from Singapore under this section.


document_id: ia-1959
provision_ref: s33
chapter: PART 5 - REMOVAL FROM SINGAPORE
section: 33
title: Removal of persons unlawfully remaining in Singapore
content:
33. —(1) Where the presence of any person in Singapore is unlawful by reason of section 15 or 62, that person is, whether or not any proceedings are taken against him or her in respect of any offence under that section, liable to be removed from Singapore by order of the Controller. (2) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] (3) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] (4) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] (5) Where an order of removal under subsection (1) has been made in respect of any person, any permit, pass or certificate to enter or remain in Singapore issued to him or her under this Act or the regulations is cancelled on the date of the order. [Act 31 of 2023 wef 31/12/2024] (5A) If a person is ordered to be removed from Singapore under subsection (1), the Controller may repatriate the person to — ( a ) the person’s place of embarkation; ( b ) the country of the person’s birth or citizenship; or ( c ) any other place designated by the Controller. [Act 31 of 2023 wef 31/12/2024] (6) Nothing in this Part or the regulations requires the Controller to disclose any fact, produce any document or assign any reason for the making of any order of removal under this Part which he or she considers it to be against the public interest to do so. [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s33A
chapter: PART 5 - REMOVAL FROM SINGAPORE
section: 33A
title: Removal of persons ceasing to be citizens of Singapore
content:
33A. —(1) The Controller may order that a person mentioned in section 11A(1) be removed from Singapore if the Controller is satisfied that — ( a ) the person is a prohibited immigrant; or ( b ) the presence of the person in Singapore is undesirable or would be prejudicial to public security in Singapore. (2) If an order of removal is made under subsection (1) in respect of a person, any permit or pass issued to the person under section 11A(3) is cancelled on the date of the order. [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s34
chapter: PART 5 - REMOVAL FROM SINGAPORE
section: 34
title: Detention of persons ordered to be removed
content:
34. —(1) Where any person is ordered to be removed from Singapore under the provisions of this Act, it is lawful for the Controller to order that person to be detained in custody for such period as may be necessary for the purpose of making arrangements for that person’s removal. (2) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] (3) Any person who is ordered to be removed from Singapore may be placed on board a suitable vessel, aircraft, train or bus by any police officer or immigration officer, and may be lawfully detained on board that vessel, aircraft, train or bus, so long as the vessel, aircraft, train or bus is within the limits of Singapore. [Act 31 of 2023 wef 31/12/2024] [Act 31 of 2023 wef 31/07/2025] (4) Any person who is detained in custody pursuant to an order made by the Controller under subsection (1) may be so detained in any prison, police station or immigration depot, or in any other place appointed for the purpose by the Controller.


document_id: ia-1959
provision_ref: s35
chapter: PART 5 - REMOVAL FROM SINGAPORE
section: 35
title: Power to arrest person liable to removal
content:
35. Any person reasonably believed to be a person liable to removal from Singapore under this Act may be arrested without warrant by any immigration officer generally or specially authorised by the Controller in that behalf or by a police officer, and may be detained in any prison, police station or immigration depot for a period not exceeding 14 days pending a decision as to whether an order for his or her removal should be made.


document_id: ia-1959
provision_ref: s36
chapter: PART 5 - REMOVAL FROM SINGAPORE
section: 36
title: Unlawful return after removal
content:
36. —(1) A person who is removed from or otherwise lawfully sent out of Singapore must not enter or reside in Singapore without the prior written permission of the Controller. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be punished with imprisonment for a presumptive minimum term of not less than one year and not more than 3 years and shall also be liable to a fine not exceeding $6,000. (3) Any person who is convicted of an offence under subsection (2) is liable to be removed from Singapore by order of the Controller. (4) If a person is ordered to be removed from Singapore under subsection (3), the Controller may repatriate the person to — ( a ) the person’s place of embarkation; ( b ) the country of the person’s birth or citizenship; or ( c ) any other place designated by the Controller. [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s36A
chapter: PART 5A - OBLIGATIONS RELATING TO IDENTIFYING
section: 36A
title: Interpretation of this Part
content:
36A. In this Part, unless the context otherwise requires — “crew information” means the information relating to any person who is or will be on board any vessel, aircraft, train or bus as a member of its crew at the time of its arrival in or departure from Singapore, which is provided to the Controller or any immigration officer by the master, operator, owner, agent or charterer of the vessel, aircraft, train or bus (as the case may be) pursuant to any provision of this Act; [Act 31 of 2023 wef 31/07/2025] “disclose”, in relation to identifying information that is a personal identifier or in relation to passenger information, includes providing access to the identifying information or passenger information; “identifying information” means — ( a ) any personal identifier; ( b ) any meaningful identifier derived from any personal identifier; ( c ) any record of a result of analysing any personal identifier or meaningful identifier derived from any personal identifier; and ( d ) any other information, derived from any personal identifier or meaningful identifier derived from any personal identifier, or from any record of a kind referred to in paragraph ( c ), that could be used to discover a particular person’s identity or to get information about a particular person; “passenger information” means the information relating to any person who is or will be on board any vessel, aircraft, train or bus as its passenger at the time of its arrival in or departure from Singapore, which is provided to the Controller or any immigration officer by the master, operator, owner, agent or charterer of the vessel, aircraft, train or bus (as the case may be) pursuant to any provision of this Act. [18/2012] [Act 31 of 2023 wef 31/07/2025]


document_id: ia-1959
provision_ref: s36B
chapter: PART 5A - OBLIGATIONS RELATING TO IDENTIFYING
section: 36B
title:
Authorising access to or disclosure of identifying information, crew information and passenger information

content:
36B. —(1) The Minister may, in writing, authorise a specified person, or any person included in a specified class of persons — ( a ) to access identifying information, crew information or passenger information of the kind specified in the Minister’s authorisation; or [Act 31 of 2023 wef 31/07/2025] ( b ) to disclose, on written request, identifying information, crew information or passenger information of the kind specified in the Minister’s authorisation, to another specified person, or another person included in a specified class of persons, in the Minister’s authorisation, for the purpose or purposes specified in the Minister’s authorisation. [18/2012] [Act 31 of 2023 wef 31/07/2025] (2) The Minister must specify in an authorisation under this section, as the purpose or purposes for which access or disclosure is authorised, one or more of the following purposes, and no other: ( a ) combating document and identity fraud in immigration matters; ( b ) assisting in the identification of, and authenticating the identity of, any person who may be required by or under this Act to provide a personal identifier; ( ba ) assisting in the locating and identification of passengers within any part of an authorised airport; [Act 31 of 2023 wef 31/12/2024] ( c ) improving the efficiency and integrity of immigration processing at authorised landing places, airports, train checkpoints or points of entry; ( ca ) improving the efficiency, integrity and security of operations and processes relating to authorised airports and aircraft at authorised airports; [Act 31 of 2023 wef 31/12/2024] ( cb ) improving the efficiency and integrity of processes relating to the purchase of duty free goods and the tourist refund scheme established under the Goods and Services Tax Act 1993; [Act 31 of 2023 wef 31/12/2024] ( d ) assisting in the identification of, and authenticating the identity of, any applicant for or holder of a Singapore visa, and facilitating his or her entry into Singapore; ( e ) enforcement of the criminal law, including investigating or prosecuting a person for an offence under any written law; ( f ) administering or managing the storage of identifying information, crew information or passenger information; [Act 31 of 2023 wef 31/07/2025] ( g ) modifying identifying information to enable it to be matched with other identifying information, or in order to correct errors or ensure compliance with appropriate standards; ( h ) identifying non-citizens who are prohibited immigrants, who are of national security concern or who are associated with activities of a criminal nature and whose detention or supervision may be necessary in the interests of public safety, peace and good order; ( i ) making decisions under this Act, the Passports Act 2007 or the regulations made under either Act; ( ia ) preventing, detecting or investigating criminal or terrorist activities or activities which may be prejudicial to the security of Singapore or any part thereof or to the maintenance of public order or essential services; ( ib ) identifying an individual who is unconscious or otherwise unable to communicate, for the purposes of providing urgent medical care to the individual; ( j ) any other purpose the disclosure of which is required or authorised by or under any written law. [18/2012; 53/2018] (3) For the purposes of subsection (1)( b ), a specified person or a specified class of persons to whom identifying information, crew information or passenger information may be disclosed may include a police force, a law enforcement body or a border control body of a foreign country. [18/2012] [Act 31 of 2023 wef 31/07/2025]


document_id: ia-1959
provision_ref: s36C
chapter: PART 5A - OBLIGATIONS RELATING TO IDENTIFYING
section: 36C
title: Accessing or disclosing identifying information, crew information or passenger information
content:
36C. —(1) If a person accesses identifying information, crew information or passenger information, and the person — ( a ) is not authorised under section 36B to access any identifying information, crew information or passenger information; or [Act 31 of 2023 wef 31/07/2025] ( b ) is not authorised under section 36B to access the identifying information, crew information or passenger information for the purpose for which the person accessed it, 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 3 years or to both. [18/2012] [Act 31 of 2023 wef 31/07/2025] (2) If a person’s conduct causes disclosure of identifying information, crew information or passenger information, and the disclosure is not a disclosure that is for any of the purposes specified in section 36B(2), 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 3 years or to both. [18/2012] [Act 31 of 2023 wef 31/07/2025]


document_id: ia-1959
provision_ref: s37
chapter: PART 6 - MISCELLANEOUS
section: 37
title: Performance of duties of immigration officers
content:
37. —(1) Immigration officers appointed under this Act must perform the duties imposed on them by this Act and the regulations, and must also perform such duties as are required of them by the Controller, either directly or through any other officer. (2) No action taken by any such officer under or for any purpose of this Act is deemed to be invalid or unauthorised by reason only that it was not taken by the officer specially appointed or detailed for the purpose. (3) Every immigration officer is deemed to be a public servant within the meaning of the Penal Code 1871.


document_id: ia-1959
provision_ref: s38
chapter: PART 6 - MISCELLANEOUS
section: 38
title: Authority of immigration officer to arrest and prosecute
content:
38. —(1) Except when exercising any powers under section 51AA, 51AB, 51AC or 51AD, every immigration officer appointed under this Act has the authority and powers of a police officer to enforce any of the provisions of this Act relating to arrest, detention or removal. [6/2018] [Act 31 of 2023 wef 31/12/2024] (2) Every immigration officer has the authority to appear in court and may, with the authorisation of the Public Prosecutor, conduct any prosecution in respect of any offence under this Act or the regulations. [15/2010] (3) In any case relating to the commission of an offence under this Act or the regulations, an immigration officer has all the powers of a police officer under the Criminal Procedure Code 2010 in relation to an investigation into an arrestable offence. [Act 31 of 2023 wef 31/12/2024] (4) For the purposes of subsection (3), when an immigration officer is exercising the powers of a police officer under the Criminal Procedure Code 2010, the immigration officer is deemed to be an officer not below the rank of inspector of police. [15/2010]


document_id: ia-1959
provision_ref: s38A
chapter: PART 6 - MISCELLANEOUS
section: 38A
title: Immigration officer to be armed
content:
38A. Every immigration officer must be provided with such batons, arms, ammunition and other accoutrements as may be necessary for the effective discharge of his or her duties.


document_id: ia-1959
provision_ref: s39
chapter: PART 6 - MISCELLANEOUS
section: 39
title: Power to summon witnesses, etc.
content:
39. —(1) The Controller may, for the purpose of any inquiry under this Act, summon and examine witnesses on oath or affirmation, and may require the production of documents relevant to the inquiry. (2) Any person summoned as a witness under subsection (1) who, without reasonable excuse, fails to attend at the time and place mentioned in the summons, or who, having attended, refuses to answer any question that may lawfully be put to him or her or to produce any document which it is in his or her power to produce, shall be guilty of an offence.


document_id: ia-1959
provision_ref: s39A
chapter: PART 6 - MISCELLANEOUS
section: 39A
title: Exclusion of judicial review
content:
39A. —(1) There shall be no judicial review in any court of any act done or decision made by the Minister or the Controller under any provision of this Act except in regard to any question relating to compliance with any procedural requirement of this Act or the regulations governing that act or decision. (2) In this section, “judicial review” includes proceedings instituted by way of — ( a ) an application for a Mandatory Order, a Prohibiting Order or a Quashing Order; ( b ) an application for a declaration or an injunction; ( c ) an Order for Review of Detention; and ( d ) any other suit or action relating to or arising out of any decision made or act done pursuant to any power conferred upon the Minister or the Controller by any provision of this Act.


document_id: ia-1959
provision_ref: s39B
chapter: PART 6 - MISCELLANEOUS
section: 39B
title: Opportunity to be heard not required to be given
content:
39B. To avoid doubt, before making any decision under this Act or the regulations, the Controller or the Minister (as the case may be) is not required to give any person who may be affected by the decision an opportunity to be heard. [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s40
chapter: PART 6 - MISCELLANEOUS
section: 40
title: Duty of police officers to execute orders
content:
40. Every police officer must, when so requested by an immigration officer, receive and execute any written order of the Controller, and any warrant of the Controller for the arrest, detention or removal of any person made under the provisions of this Act.


document_id: ia-1959
provision_ref: s41
chapter: PART 6 - MISCELLANEOUS
section: 41
title: Restriction on discharge of member of crew
content:
41. —(1) When any seaman is about to be or is discharged or paid off in Singapore, the master, operator, owner, charterer or agent must so notify the Controller. [Act 31 of 2023 wef 31/07/2025] (2) A member of a crew who has been discharged or paid off must not be left in Singapore unless either — ( a ) he or she is a citizen of Singapore; or ( b ) he or she is in possession of a valid permit or pass. (3) Where there has been any contravention of subsection (2), the master, operator, owner, charterer, agent or consignee of the vessel, aircraft, train or bus in which the person concerned was employed is liable for the maintenance of that person and for the cost of that person’s repatriation to that person’s place of birth or citizenship or, if the master, operator, owner, charterer, agent or consignee so elects, to such other place as the Controller may approve. [Act 31 of 2023 wef 31/07/2025]


document_id: ia-1959
provision_ref: s42
chapter: PART 6 - MISCELLANEOUS
section: 42
title: Signing on or bringing as member of crew any person with intent to land contrary to this Act
content:
42. Any transportation company and any person, including the master, operator and owner of a vessel, aircraft, train or bus arriving in Singapore, who — ( a ) has knowingly signed on the ship’s articles or brought to Singapore as a member of the crew of the vessel, aircraft, train or bus any person with intent to permit that person to enter Singapore contrary to the provisions of this Act or the regulations; or [Act 31 of 2023 wef 31/07/2025] ( b ) represents to an immigration officer that that person is a bona fide member of the crew of the vessel, aircraft, train or bus, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000 and not less than $200 in respect of each such person. [Act 31 of 2023 wef 31/07/2025]


document_id: ia-1959
provision_ref: s43
chapter: PART 6 - MISCELLANEOUS
section: 43
title: Security to prevent unlawful landing
content:
43. —(1) An immigration officer may demand security from the master, operator, owner, charterer or agent or consignee of any vessel, aircraft, train or bus from which the immigration officer has reasonable grounds to believe that any person is about to disembark in or enter Singapore in contravention of the provisions of this Act or the regulations, and may refuse to release the vessel, aircraft, train or bus from examination until the security is furnished. [Act 31 of 2023 wef 31/07/2025] (1A) Despite subsection (1), an immigration officer may demand security from the master, operator, owner, charterer or agent of any vessel to ensure that no member of the crew of the vessel disembarks in or enters Singapore in contravention of the provisions of this Act or the regulations, and may refuse to release the vessel from examination until the security is furnished. [Act 31 of 2023 wef 31/07/2025] (2) The Controller may, if satisfied that any person has disembarked in or entered Singapore from any vessel, aircraft, train or bus, in respect of which security has been furnished under subsection (1) or (1A), in contravention of any provisions of this Act or the regulations, direct the forfeiture of the security or any part thereof. [Act 31 of 2023 wef 31/07/2025] (3) The Controller must not direct the forfeiture of any security under subsection (2) if he or she is satisfied that the master, operator, owner, charterer, agent or consignee took every reasonable precaution to prevent any person from so disembarking in or entering Singapore. [Act 31 of 2023 wef 31/07/2025] (4) The security under subsection (1) or (1A) shall be given in such manner and form as the Controller may determine and may be by bond, guarantee, cash deposit or any other method, or by 2 or more different methods.


document_id: ia-1959
provision_ref: s44
chapter: PART 6 - MISCELLANEOUS
section: 44
title: Reports as to persons failing to continue their journey
content:
44. —(1) Where any through passenger on or member of the crew of any vessel, aircraft or train fails to continue his or her journey in the vessel, aircraft or train in circumstances from which it may reasonably be inferred that the passenger or member of the crew has remained in Singapore, the master of the vessel, aircraft or train (as the case may be) must notify an immigration officer or a police officer of the failure of the passenger or member of the crew to continue his or her journey. (2) A master of a vessel, an aircraft or a train who fails to comply with subsection (1) shall be guilty of an offence.


document_id: ia-1959
provision_ref: s45
chapter: PART 6 - MISCELLANEOUS
section: 45
title: Repatriation
content:
45. —(1) Any person residing in Singapore who — ( a ) is not a citizen of Singapore; ( b ) is by reason of destitution, infirmity or mental incapacity, unable to obtain employment or to support himself or herself and his or her family (if any); ( c ) is unable to pay the cost of his or her passage and of the passages of his or her family (if any) to the country of his or her birth or citizenship; and ( d ) is or is likely to become a charge upon the public or on a charitable institution, may apply to the Controller for the repatriation of himself or herself and his or her family (if any) at the cost of the Government. (2) Upon an application under subsection (1), if the Controller is satisfied, after such inquiry as he or she thinks necessary, that the person has or is about to become a charge on the public or on a charitable institution and is unable to pay the cost of the repatriation of himself or herself and his or her family (if any) and that no government, organisation, company or person is liable or willing to pay the cost of repatriation, the Controller may authorise the payment of the cost subject to the condition specified in subsection (3). (3) Any person repatriated at the cost of the Government must enter into an undertaking, in such form as may be prescribed, that he or she will not return to Singapore without the written sanction of the Controller. (4) Such sanction is conditional upon the person refunding to the Controller all costs and charges incurred in the repatriation of the person and his or her family (if any) and is subject to such other conditions as the Controller may consider expedient. (5) Any person repatriated at the cost of the Government under this section who enters or attempts to enter Singapore without the sanction of the Controller under subsection (3), or who having entered Singapore with such sanction, fails or neglects to comply with any condition upon which the sanction was given, shall be guilty of an offence.


document_id: ia-1959
provision_ref: s46
chapter: PART 6 - MISCELLANEOUS
section: 46
title: Masters, owners, etc., liable for expenses
content:
46. —(1) If any person — ( a ) enters Singapore from any vessel, aircraft, train or bus contrary to the provisions of this Act or the regulations; [Act 31 of 2023 wef 31/07/2025] ( b ) disembarks from any vessel on which he or she has been re‑embarked or to which he or she has been returned under section 19, 20 or 24; or ( c ) arrives at any authorised airport, authorised train checkpoint or authorised point of entry in Singapore in any aircraft, train or bus (as the case may be) and is required to leave Singapore under section 25, 25A or 26, as the case may be, the master, operator, owner, charterer and agent thereof shall be jointly and severally liable for all expenses incurred by the Government in respect of the detention and maintenance of the person and his or her removal from Singapore. [18/2012] [Act 31 of 2023 wef 31/07/2025] (2) The expenses are recoverable as a debt due to the Government from the master, operator, owner, charterer and agent of the vessel, aircraft, train or bus jointly and severally. [Act 31 of 2023 wef 31/07/2025]


document_id: ia-1959
provision_ref: s47
chapter: PART 6 - MISCELLANEOUS
section: 47
title: Obligation to afford free passage
content:
47. —(1) When an order of removal is made under the provisions of this Act in respect of any person who has entered Singapore contrary to the provisions of this Act or the regulations, and the person was brought to Singapore in a vessel, an aircraft, a train or a bus, the master of the vessel, aircraft, train or bus, and also the master of any vessel, aircraft, train or bus belonging to the same owner, operated by the same operator or chartered by the same charterer, must, if required in writing by the Controller, receive the person on board his or her vessel, aircraft, train or bus and afford the person free of charge a passage to the port or place at which the person embarked for Singapore or to any other port or place designated by the Controller and proper accommodation and maintenance during the voyage, flight or journey. [Act 31 of 2023 wef 31/07/2025] (2) No master shall be liable under subsection (1) unless the order of removal has been made by the Controller within 12 months from the date on which the person entered Singapore. (3) A master of a vessel, an aircraft, a train or a bus who fails to comply with this section shall be guilty of an offence. [Act 31 of 2023 wef 31/07/2025]


document_id: ia-1959
provision_ref: s47A
chapter: PART 6 - MISCELLANEOUS
section: 47A
title: Seizure of moneys for purposes of repatriation, etc.
content:
47A. —(1) A specified immigrant is liable to pay to the Government a sum sufficient to cover all expenses incurred by the Government in connection with the detention, maintenance, medical treatment and removal from Singapore of himself or herself and his or her dependants. [Act 31 of 2023 wef 31/12/2024] (2) For the purposes of subsection (1), the Controller may order a specified immigrant to be searched and that all moneys found on him or her when so searched be seized and used by the Controller to meet the expenses which have been incurred or may be incurred by the Government under that subsection. [Act 31 of 2023 wef 31/12/2024] (3) Where any sum seized under subsection (2) is in excess of the total amount of expenses for which the specified immigrant is liable under subsection (1), the balance of the moneys must be returned to him or her. [Act 31 of 2023 wef 31/12/2024] (4) The Controller may seize moneys under subsection (2) even though the specified immigrant has not been charged with nor convicted of an offence. [Act 31 of 2023 wef 31/12/2024] (5) Any person who claims to be the legal owner of any moneys seized under subsection (2) (other than the specified immigrant from whom the moneys were seized) may, within 6 years from the date of seizure, apply to the Controller in such form and manner as may be prescribed for the moneys seized to be returned to him or her. [Act 31 of 2023 wef 31/12/2024] (6) Despite the provisions of any written law, the moneys seized under subsection (2) (except any excess moneys which have been returned to the specified immigrant under subsection (3)) shall not be liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim, other than to meet the expenses referred to in subsection (1) or any claim made under subsection (5). [Act 31 of 2023 wef 31/12/2024] (7) In this section, “specified immigrant” means — ( a ) a prohibited immigrant; or ( b ) a person who is ordered to be removed from Singapore under section 32(1), 33(1), 33A(1), 36(3) or 57(3). [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s48
chapter: PART 6 - MISCELLANEOUS
section: 48
title: Power to detain vessel
content:
48. —(1) The Controller may by writing under his or her hand authorise the Director of Marine to detain any vessel in connection with which an offence under this Act is reasonably believed to have been or to be about to be committed, and the vessel may then be detained either at the place where it is found or at any place to which the Controller may order it to be brought. (1A) The Controller must give notice to the master, operator, owner, charterer or agent of the vessel of the detention of the vessel. [Act 31 of 2023 wef 31/07/2025] (2) For the purposes of the detention and other lawful dealing with the vessel, the Director of Marine has power to muster the crew and may, if he or she considers it necessary to do so, place a police guard on board. (3) The detention is for safe custody only, and ceases if a bond with 2 sufficient sureties to the satisfaction of the Controller is given by the master, operator, owner, charterer or agent of the vessel for the payment of any fine, costs, expenses or charges incurred under this Act in respect of any offence or default thereunder. [Act 31 of 2023 wef 31/07/2025] (4) If default is made in the payment of any such fine, costs, expenses or charges, the Director of Marine may seize the vessel and the vessel is to be declared forfeited to the Government by order of a court of competent jurisdiction upon the application of the Attorney‑General. (4A) Any vessel so forfeited is to be sold free of all encumbrances. (5) The proceeds of sale of a vessel under this section must, despite any rule of law relating to priority of claims, be applied first in payment of any fine, costs, expenses or charges incurred under this Act and of any costs incurred in and about the sale and the proceedings leading thereto, and the balance must be paid to the owner of the vessel or other person lawfully entitled to the proceeds thereof. (6) Section 3(1)( r ) of the High Court (Admiralty Jurisdiction) Act 1961 is to be construed as extending to any claim in respect of a liability incurred by the owner of a vessel under this Act.


document_id: ia-1959
provision_ref: s49
chapter: PART 6 - MISCELLANEOUS
section: 49
title: Power to seize, detain and forfeit vessels below 200 tons or vehicles
content:
49. —(1) Any vessel below 200 tons or any vehicle that is used, or in respect of which there is reasonable cause to suspect that it has been or that it is about to be used, in the commission of any offence under this Act or the regulations may be seized and detained at any place either on land or in the territorial waters of Singapore — ( a ) by the Controller, or any immigration officer authorised in that behalf by the Controller in writing under his or her hand; or ( b ) by any police officer authorised in that behalf by a Deputy Commissioner of Police in writing under his or her hand. [18/2012] (2) The seizing officer must immediately give written notice of the seizure and the grounds thereof to the operator, owner, charterer or agent of the vehicle or vessel so seized or detained, either by delivering the notice to the operator, owner, charterer or agent in person or by post at that person’s place of office or abode, if known. [Act 31 of 2023 wef 31/07/2025] (3) The notice under subsection (2) is not required to be given where the seizure or detention is made in the presence of or with the knowledge of the offender, or the operator or owner, or the agent of the offender, operator or owner, as the case may be. [Act 31 of 2023 wef 31/07/2025] (4) Any vehicle or vessel liable to seizure or detention under subsection (1) is liable to forfeiture. (5) An order for the forfeiture or for the release of any vehicle or vessel liable to forfeiture under this section is to be made by the court before which the prosecution with regard thereto has been held. (6) Where, upon an application by the Public Prosecutor, it is proved to the satisfaction of a court that an offence under this Act or the regulations has been committed and that the vehicle or vessel was used in the commission of the offence, the court is to make an order for the forfeiture of the vehicle or vessel, even though no person may have been charged with or convicted of the offence. (6A) No vehicle or vessel is to be forfeited under this section if it is established by the owner thereof that the vehicle or vessel was unlawfully in the possession of another person without the owner’s consent. (7) The Controller may sell any vehicle or vessel forfeited under this section. (8) The proceeds of the sale must, after payment of the expenses of the sale, be applied in payment of any fine, costs or charges incurred under this Act and any balance remaining must be paid into the Consolidated Fund.


document_id: ia-1959
provision_ref: s50
chapter: PART 6 - MISCELLANEOUS
section: 50
title: Power of interrogation
content:
50. —(1) Any person reasonably believed to be a person liable to removal from Singapore under any of the provisions of this Act may be questioned by an immigration officer. (2) The person must fully and truthfully answer all questions and enquiries put to the person by the immigration officer tending, directly or indirectly, to establish the person’s identity, nationality or occupation or bearing on any of the restrictions contained in this Act or the regulations, and shall disclose and produce to that officer on demand all documents in the person’s possession relating to those matters. (3) All such answers and documents are admissible in evidence in any proceedings under this Act against the person making or producing the same. (4) Nothing in this section is to be construed as rendering any such answers inadmissible in any other proceedings in which they would otherwise be admissible.


document_id: ia-1959
provision_ref: s51
chapter: PART 6 - MISCELLANEOUS
section: 51
title: Power of search and arrest for offence under Act
content:
51. —(1) Any immigration officer or any other officer generally or specially authorised in writing in that behalf by the Controller, and any officer of the Singapore Customs acting under the instructions of such immigration officer, and any police officer may without a warrant and with or without assistance — ( a ) enter and search any premises; and ( b ) stop and search any vehicle, train, vessel or person, or search any aircraft, whether in a public place or not, if he or she has reason to believe that any evidence of the commission of an offence under this Act or the regulations is likely to be found on the premises or person or in the vehicle, vessel, aircraft or train, and may seize any evidence so found. [6/2018] (2) A woman must not be searched under this section except by a woman. (3) Any police officer, immigration officer or customs officer may arrest without warrant any person whom the officer reasonably believes has committed an offence under this Act or the regulations. (4) Where any person is arrested by an immigration officer or customs officer under subsection (3), the immigration officer or customs officer must comply with sections 67 and 68 of the Criminal Procedure Code 2010 as if he or she were a police officer. [15/2010]


document_id: ia-1959
provision_ref: s51AA
chapter: PART 6 - MISCELLANEOUS
section: 51AA
title: Power of search and arrest for offences committed within authorised area, etc.
content:
51AA. —(1) An immigration officer or a police officer may, without a warrant and with or without assistance, stop and search any vehicle, train, vessel or person, or search any aircraft, within or in the vicinity of an authorised area, if the immigration officer or police officer has reason to believe that — ( a ) a relevant offence has been, or is likely to be, committed within or in the vicinity of the authorised area; and ( b ) any evidence of the commission of the relevant offence is likely to be found on the person or in the vehicle, train, vessel or aircraft. [6/2018] (2) An immigration officer or a police officer may seize any evidence so found under subsection (1). [6/2018] (3) A woman must not be searched under this section except by a woman. [6/2018] (4) An immigration officer or a police officer may require any person subject to a search under subsection (1) to undergo any form of security screening, including doing one or more of the following: ( a ) to walk through a walk-through detector; ( b ) to pass the person’s personal property through an X‑ray machine; ( c ) to allow the immigration officer or police officer to pass a hand‑held scanner in close proximity to the person; ( d ) to allow the immigration officer or police officer to pass a hand‑held scanner in close proximity to the person’s personal property. [6/2018] (5) If an immigration officer has reason to believe that a relevant offence has been committed within or in the vicinity of an authorised area, the immigration officer may examine orally any person who appears to be acquainted with the facts and circumstances of the relevant offence. [6/2018] (6) The person mentioned in subsection (5) is bound to state truly the facts and circumstances with which the person is acquainted, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture. [6/2018] (7) A statement made by a person mentioned in subsection (5) must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted to the person in a language that the person understands; and ( d ) after correction (if necessary), be signed by the person. [6/2018] (8) An immigration officer may arrest without warrant any person if the immigration officer has reason to believe that a relevant offence (being also an arrestable offence) has been committed within or in the vicinity of an authorised area. [6/2018] (9) An immigration officer may arrest any person who, within or in the vicinity of an authorised area, is accused of committing or commits in the view or presence of the immigration officer, a non‑arrestable offence if, on the demand of the immigration officer — ( a ) the person refuses to give his or her name and residential address; or ( b ) the person gives a residential address outside Singapore, or a name or residential address which the immigration officer has reason to believe is false. [6/2018] (10) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] (11) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] (12) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] (13) An immigration officer, who has reasonable grounds to suspect that a relevant offence may be committed within or in the vicinity of an authorised area, may intervene for the purpose of preventing and must, to the best of the immigration officer’s ability, use all lawful means to prevent the commission of the relevant offence. [6/2018] (14) Where a relevant offence is committed within or in the vicinity of an authorised area, an immigration officer may, for the purpose of preserving any crime scene, cordon off any area where the relevant offence is committed. [6/2018] (15) Nothing in this section affects any other power exercisable by an immigration officer under any other written law. [6/2018] (16) In this section — [ Deleted by Act 31 of 2023 wef 31/12/2024 ] “relevant offence” means an offence under any written law (other than this Act or the regulations). [6/2018]


document_id: ia-1959
provision_ref: s51AB
chapter: PART 6 - MISCELLANEOUS
section: 51AB
title: Power to arrest other persons within authorised area, etc.
content:
51AB. —(1) This section applies to a person within or in the vicinity of an authorised area who — ( a ) has an arrest warrant issued against him or her; ( b ) may be arrested by a police officer without a warrant under section 64(1) of the Criminal Procedure Code 2010; or ( c ) is concerned in a specified offence. (2) For the purposes of subsection (1)( c ) and section 51AD, a person who is concerned in a specified offence includes the following: ( a ) a person who is reasonably suspected of having been involved in the specified offence; ( b ) a person against whom a reasonable complaint has been made or credible information has been received, of the person having been concerned or involved in the specified offence. (3) Despite any other written law, an immigration officer may — ( a ) arrest a person mentioned in subsection (1)( a ) even though the arrest warrant issued against that person is not directed to the immigration officer; or ( b ) arrest a person mentioned in subsection (1)( b ) or ( c ) without a warrant. (4) Despite any other written law, if any vehicle within or in the vicinity of an authorised area — ( a ) is driven by, or under the control of, a person mentioned in subsection (1); or ( b ) is owned by, and includes as its passenger, that person, an immigration officer may, without a warrant and with or without assistance, stop, search and detain the vehicle. (5) In this section and section 51AD — “prescribed law enforcement agency” means any authority or person, charged with the duty of investigating offences or charging offenders under any written law (other than this Act or the regulations), prescribed for the purposes of this section and section 51AD by the Minister; “specified offence” means any offence under any written law (other than this Act or the regulations) by or under which an officer of, or a person appointed by, a prescribed law enforcement agency may arrest the person without a warrant. [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s51AC
chapter: PART 6 - MISCELLANEOUS
section: 51AC
title: Power to detain stolen vehicle within authorised area, etc.
content:
51AC. —(1) This section applies to a vehicle that — ( a ) is within or in the vicinity of an authorised area; and ( b ) satisfies either or both of the following conditions: (i) the Commissioner of Police or a police officer is satisfied that the vehicle has been stolen or illegally taken or used; (ii) the vehicle is liable to be seized by a police officer under section 95(1) of the Road Traffic Act 1961. (2) Despite any other written law, an immigration officer may, without warrant and with or without assistance — ( a ) stop and seize the vehicle; and ( b ) detain the vehicle for a period not exceeding 24 hours in any suitable place of detention within or in the vicinity of an authorised area. (3) If an immigration officer seizes and detains the vehicle under subsection (2), the immigration officer must — ( a ) immediately inform a police officer of the seizure; ( b ) hand over the vehicle to a police officer; and ( c ) inform the driver or person in charge of the vehicle of the basis on which the vehicle is seized and detained. (4) Despite any other written law, if — ( a ) the vehicle satisfies the condition mentioned in subsection (1)( b )(i); and ( b ) the driver or person in charge of the vehicle is within or in the vicinity of an authorised area, an immigration officer may, without warrant, arrest the driver or person. [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s51AD
chapter: PART 6 - MISCELLANEOUS
section: 51AD
title: Procedure for arrest
content:
51AD. —(1) An officer who makes an arrest under this Act — ( a ) must touch or confine the body of the person to be arrested unless the person submits to arrest by word or action; ( b ) may use all reasonable means necessary to make the arrest if the person to be arrested forcibly resists or tries to evade arrest; and ( c ) may search the person. (2) A person arrested must not be restrained more than is necessary to prevent the person’s escape. (3) A woman must not be searched under subsection (1)( c ) except by a woman. (4) If an immigration officer arrests a person under section 51AA, 51AB or 51AC, the immigration officer — ( a ) must immediately inform an authorised officer of the arrest; ( b ) must hand over the person to an authorised officer; and ( c ) may detain the person for a period not exceeding 24 hours in any suitable place of detention within or in the vicinity of an authorised area pending the handing over of the person under paragraph ( b ). (5) When a person is handed over to an authorised officer under subsection (4)( b ), the authorised officer must re‑arrest the person if — ( a ) in the case of an arrest under section 51AA(8) — the authorised officer has reason to believe that a relevant offence mentioned in section 51AA(8) has been committed; ( b ) in the case of an arrest under section 51AA(9) — the authorised officer has reason to believe that the person has committed the non‑arrestable offence mentioned in section 51AA(9) and the person — (i) refuses to give his or her name and residential address when required by the authorised officer; or (ii) gives a residential address outside Singapore, or a name or residential address that the authorised officer has reason to believe is false; ( c ) in the case of an arrest under section 51AB(3) read with section 51AB(1)( a ) — the authorised officer is satisfied that an arrest warrant has been issued against the person; ( d ) in the case of an arrest under section 51AB(3) read with section 51AB(1)( b ) — the authorised officer has reason to believe that the person is a person mentioned in section 64(1) of the Criminal Procedure Code 2010; ( e ) in the case of an arrest under section 51AB(3) read with section 51AB(1)( c ) — the authorised officer has reason to believe that the person is concerned in a specified offence; or ( f ) in the case of an arrest under section 51AC(4) — the authorised officer has reason to believe that the vehicle in question has been stolen or illegally taken or used. (6) If the authorised officer does not re‑arrest under subsection (5) a person handed over to the authorised officer under subsection (4)( b ), the person must be released. (7) In this section, “authorised officer”, in relation to a person arrested by an immigration officer, means — ( a ) if the person is arrested under section 51AA(8) or (9) or 51AC(4) — a police officer; ( b ) if an arrest warrant has been issued against the person and the person is arrested under section 51AB(3) read with section 51AB(1)( a ) — a person who may execute the arrest warrant under section 69 of the Criminal Procedure Code 2010; ( c ) if the person may be arrested by a police officer without a warrant under section 64(1) of the Criminal Procedure Code 2010 and the person is arrested under section 51AB(3) read with section 51AB(1)( b ) — a police officer; or ( d ) if the person is concerned in a specified offence and the person is arrested under section 51AB(3) in relation to the specified offence — (i) a police officer; or (ii) an officer of, or a person appointed by, a prescribed law enforcement agency, who is empowered by or under any written law (other than this Act or the regulations) to arrest the person without a warrant in relation to the specified offence. [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s51AE
chapter: PART 6 - MISCELLANEOUS
section: 51AE
title: Power to search person in immigration depot
content:
51AE. —(1) An immigration officer may search a person who is detained, or required to remain, in an immigration depot under this Act or any other written law. (2) A woman must not be searched under subsection (1) except by a woman. [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s51AF
chapter: PART 6 - MISCELLANEOUS
section: 51AF
title: Bail and bond
content:
51AF. —(1) A person who has been arrested by a police officer, an immigration officer or a customs officer under section 51(3) may be released on bail or on personal bond granted by any immigration officer. (2) Division 5 (Bails and bonds) of Part 6 of the Criminal Procedure Code 2010 applies to the release of a person on bail or on personal bond under this section or section 92 or 93 of the Criminal Procedure Code 2010 (as the case may be) with the following modifications: ( a ) any reference to “officer”, “police officer” or “police officer of or above the rank of sergeant” is to be read to include an immigration officer; ( b ) the reference to the Commissioner of Police in section 92(1) of the Criminal Procedure Code 2010 is to be read to include the Controller. [Act 16 of 2024 wef 17/06/2024]


document_id: ia-1959
provision_ref: s51A
chapter: PART 6 - MISCELLANEOUS
section: 51A
title: Provision of information by Housing and Development Board
content:
51A. —(1) Any immigration officer duly authorised by the Controller may, if the immigration officer considers it necessary for administering or enforcing any requirement under this Act or the regulations relating to the reporting of the place of residence of any person or any change thereof, by written notice require the Board to disclose any secret or confidential document or information which is in the possession or control of the Board. [5/2010] (2) The Board must disclose the document or information required by an immigration officer under subsection (1) despite any obligation as to secrecy or confidentiality imposed by any law. [5/2010] (3) Any immigration officer to whom any document or information has been disclosed under subsection (2) must not disclose that document or information to any other person except — ( a ) to another law enforcement officer for the performance of his or her official duties in administering or facilitating the administration of any written law, provided the Board consents to such disclosure; or ( b ) for the purpose of criminal proceedings. [5/2010] (4) Any immigration officer who contravenes subsection (3), or any law enforcement officer who discloses any document or information obtained under that subsection to any other person other than for the purpose specified in paragraph ( a ) or ( b ) of that subsection, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. [5/2010] (5) In this section, unless the context otherwise requires — “Board” means the Housing and Development Board established under section 3 of the Housing and Development Act 1959; “disclose”, in relation to any document or information, includes allowing access to such document or information; “law enforcement officer” means — ( a ) any police officer; ( b ) any immigration officer; or ( c ) any registration officer within the meaning of the National Registration Act 1965. [5/2010]


document_id: ia-1959
provision_ref: s52
chapter: PART 6 - MISCELLANEOUS
section: 52
title: Person registered under Enlistment Act 1970
content:
52. —(1) An immigration officer may prevent any person from leaving Singapore and require the person to surrender the person’s passport to the immigration officer if the immigration officer has reason to believe that the person is a person subject to the Enlistment Act 1970 who is not exempted from the requirement for an exit permit and is attempting to leave Singapore without an exit permit issued by the proper authority. [Act 10 of 2024 wef01/05/2024] (2) In this section, “person subject to the Enlistment Act 1970” and “proper authority” have the same meaning as “person subject to this Act” and “proper authority”, respectively, in section 2 of the Enlistment Act 1970. [Act 10 of 2024 wef01/05/2024] 53. [ Repealed by Act 26 of 2022 wef 12/06/2023 ]


document_id: ia-1959
provision_ref: s54
chapter: PART 6 - MISCELLANEOUS
section: 54
title: Counterfoils, etc., to be prima facie evidence
content:
54. In any proceedings under this Act or at the hearing of any charge for an offence under this Act, any counterfoil or counterpart of any permit, pass, certificate or other document issued under this Act or the regulations and purporting to be signed by the Controller or by an immigration officer generally or specially authorised in that behalf by the Controller may be produced in evidence without further proof and is prima facie evidence of the facts therein stated and is, unless the contrary be proved, presumed to be a true statement of the relevant contents of the permit, pass, certificate or other document to which it relates.


document_id: ia-1959
provision_ref: s55
chapter: PART 6 - MISCELLANEOUS
section: 55
title: Regulations
content:
55. —(1) The Minister may make regulations not inconsistent with the provisions of this Act for all or any of the following purposes: ( a ) prescribing anything that is to be or may be prescribed under the provisions of this Act; ( b ) prescribing the forms to be used for the purposes of this Act; ( c ) providing for and regulating matters relating to permits, passes (including classes of passes) and certificates, including (without limitation) the Controller’s powers — (i) relating to an application for and the issue of a permit, pass or certificate, and the cancellation of a pass; (ii) to decide the validity period for, and vary the validity period of, a pass or certificate; (iii) to impose conditions on a pass or certificate at the time of or after the issue of the pass or certificate, and vary or revoke any condition of the pass or certificate; and (iv) to apply section 11(5A) with the necessary modifications for a class of pass holders or certificate holders; [Act 31 of 2023 wef 31/12/2024] ( ca ) prescribing the duties and responsibilities of a holder of a permit, pass or certificate; [Act 31 of 2023 wef 31/12/2024] ( d ) providing for the payment and recovery of any expenses incurred by the Government in connection with the detention, maintenance, medical treatment and removal from Singapore of any person under the provisions of this Act; ( e ) prescribing the place where, the person to whom and the manner in which application to enter Singapore must be made; ( ea ) providing for the circumstances for granting Singapore visas and the conditions subject to which a Singapore visa may be granted; ( eb ) providing for the manner in which personal identifiers (within the meaning of Part 5A) are obtained and kept; ( f ) prescribing the procedure to be followed by persons entering Singapore; ( g ) prescribing the procedure to be followed by authorities in the exercise of their functions under this Act; ( ga ) providing for the taking or recording of any personal identifier of — (i) any person who applies for or has been issued with a permit or pass; (ii) any person suspected or have been convicted of an offence under section 5, 6(1), 15 or 36 or the regulations; (iii) any prohibited immigrant; (iv) any person (other than a citizen of Singapore) who transits through Singapore; or (v) any applicant for, or holder of, a Singapore visa; ( h ) [ Deleted by Act 31 of 2023 wef 31/12/2024 ] ( i ) providing for a deposit or security to be made or given by or in respect of any person as a condition of, or for the grant of, an entry permit, a re‑entry permit or a pass to him or her and the conditions subject to which the deposit or security may be forfeited; ( j ) prescribing the fees to be charged upon the issue of any entry permit, re‑entry permit, certificate, pass, Singapore visa or document issued or to be issued under this Act or the regulations and the processing of any application for the issue of such entry permit, re‑entry permit, certificate, pass, Singapore visa or document; ( ja ) prescribing different fees for different classes of applicants for any entry permit, re‑entry permit, certificate, pass, Singapore visa or document issued or to be issued under this Act or the regulations, and any application fee so prescribed need not bear any relationship to the cost of issuing or processing the entry permit, re‑entry permit, certificate, pass, Singapore visa or document; ( k ) prescribing the penalties of imprisonment for a term not exceeding 2 years or a fine not exceeding $3,000 or both for the breach of the regulations; ( ka ) prescribing the penalties for the late payment of any fees prescribed under the regulations; ( kb ) providing for the maintenance and management of any immigration depot, including the care, control, discipline and medical examination of any person in an immigration depot, and making different provisions for different immigration depots; [Act 31 of 2023 wef 31/12/2024] ( l ) generally for the better carrying into effect of the purposes and provisions of this Act. [18/2012; 6/2018] (2) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette . (3) If a resolution is passed within the next 3 months after the regulations are so presented disapproving the regulations or any part thereof, the regulations or such part thereof (as the case may be) then cease to have effect but without affecting the validity of anything previously done thereunder.


document_id: ia-1959
provision_ref: s56
chapter: PART 6 - MISCELLANEOUS
section: 56
title: Power to exempt from provisions of this Act
content:
56. —(1) Despite anything in this Act, the Minister may by order exempt any person or class of persons, either absolutely or conditionally, from all or any of the provisions of this Act and may in that order provide for any presumptions necessary in order to give effect thereto. (2) Every order made under this section which relates to a class of persons shall be published in the Gazette .


document_id: ia-1959
provision_ref: s57
chapter: PART 6 - MISCELLANEOUS
section: 57
title: Offences
content:
57. —(1) Any person who — ( a ) attempts unlawfully to enter Singapore in contravention of any provision of this Act, other than section 6(1), or the regulations; ( aa ) abets any person to enter Singapore in contravention of the provisions of this Act or the regulations; ( b ) abets any person to leave Singapore in contravention of the provisions of this Act or the regulations; ( c ) engages in the business or trade of conveying to or out of Singapore in or on any vehicle, vessel, aircraft or train any person whom he or she knows or has reasonable grounds for believing is a prohibited immigrant; ( d ) harbours a person — (i) whom the defendant knows has acted in contravention of the provisions of this Act or the regulations; (ii) with reckless disregard as to whether he or she has acted in contravention of the provisions of this Act or the regulations; or (iii) negligently failing to ascertain as to whether he or she has acted in contravention of the provisions of this Act or the regulations; ( e ) employs any person who has acted in contravention of section 6(1), 15 or 36(1) or the regulations; [Act 31 of 2023 wef 31/12/2024] ( f ) makes or causes to be made any false report, false statement or false representation in connection with any obligation imposed by the provisions of this Act or the regulations; ( g ) resists or obstructs, actively or passively, any immigration officer in the execution of the immigration officer’s duty; ( h ) without lawful excuse hinders or obstructs any removal under the provisions of this Act; ( i ) gives, sells or parts with possession of any entry or re‑entry permit, pass, Singapore visa or certificate in order that it may be used in contravention of paragraph ( j ); ( j ) uses any entry or re-entry permit, pass, Singapore visa or certificate issued to any other person as if it had been lawfully issued to himself or herself; ( k ) obtains or attempts to obtain any entry permit, re‑entry permit, pass, Singapore visa or certificate for himself or herself, or for any other person, by giving information (whether in or outside Singapore) which the firstmentioned person knows — (i) is false or misleading in a material particular; or (ii) omits any matter or thing without which the information is misleading in a material particular; [Act 31 of 2023 wef 31/12/2024] ( ka ) obtains or attempts to obtain any entry permit, re‑entry permit, pass, Singapore visa or certificate for himself or herself, or for any other person, by giving information (whether in or outside Singapore) that — (i) is false or misleading in a material particular; or (ii) omits any matter or thing without which the information is misleading in a material particular; [Act 31 of 2023 wef 31/12/2024] ( l ) uses or without lawful authority has in the person’s possession any forged, unlawfully altered or irregular entry or re‑entry permit, pass, Singapore visa or certificate or other document issued under this Act or the regulations, or any permit, pass, Singapore visa or certificate or other document so issued on which any endorsement has been forged or unlawfully altered; ( m ) makes or has in the person’s possession, without lawful authority, or traffics in any electronic template, stamp, seal, plate, paraphernalia or other instrument knowing that the electronic template, stamp, seal, plate, paraphernalia or instrument is or is intended to be used for forging or unlawfully altering any endorsement made under this Act or the regulations on any passport, entry or re‑entry permit, pass, Singapore visa or certificate or other document issued or to be issued under this Act or the regulations; or ( n ) makes or has in the person’s possession, without lawful authority, or traffics in any device, machine, paper, material or other thing knowing that the device, machine, paper, material or thing is or has been specially designed or adapted for making a forged entry or re‑entry permit, pass, Singapore visa or certificate or other document issued under this Act or the regulations, shall be guilty of an offence. (1AAA) An offence under subsection (1)( ka ) is a strict liability offence. [Act 31 of 2023 wef 31/12/2024] (1AA) A person who is guilty of an offence under subsection (1) — ( a ) in the case of an offence under subsection (1)( a ), shall be punished with imprisonment for a term not exceeding 2 years and shall also be liable to a fine not exceeding $4,000; ( b ) in the case of an offence under subsection (1)( aa ), shall be punished with imprisonment for a presumptive minimum term of not less than 6 months and not more than 2 years, and — (i) where the offence is abetted within the meaning of section 107(1)( b ) or ( c ) of the Penal Code 1871 and the offence abetted is punishable with caning, shall also be punished with caning with not less than 3 strokes; or [Act 31 of 2023 wef 31/12/2024] (ii) in any other case, shall also be liable to a fine not exceeding $6,000; ( c ) subject to subsection (1A), in the case of an offence under subsection (1)( b ) or ( e ), shall be punished with imprisonment for a presumptive minimum term of not less than 6 months and not more than 2 years and shall also be liable to a fine not exceeding $6,000; ( d ) in the case of an offence under subsection (1)( c ), shall be punished with imprisonment for a term of not less than 2 years and not more than 5 years and shall also be punished with caning with not less than 3 strokes; [Act 31 of 2023 wef 31/12/2024] ( e ) in the case of an offence under subsection (1)( d )(i) or (ii), shall on conviction be punished with imprisonment for a presumptive minimum term of not less than 6 months and not more than 2 years and shall also be liable to a fine not exceeding $6,000; ( f ) in the case of an offence under subsection (1)( d )(iii), shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both; ( g ) in the case of an offence under subsection (1)( f ), ( g ), ( h ), ( i ), ( j ) or ( l ), shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 12 months or to both; [Act 31 of 2023 wef 31/12/2024] ( ga ) in the case of an offence under subsection (1)( k ), shall be liable on conviction to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 12 months or to both; [Act 31 of 2023 wef 31/12/2024] ( gb ) in the case of an offence under subsection (1)( ka ), shall be liable on conviction to a fine not exceeding $4,000; and [Act 31 of 2023 wef 31/12/2024] ( h ) in the case of an offence under subsection (1)( m ) or ( n ), shall be liable on conviction to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 5 years or to both. [15/2010; 18/2012; 15/2019; S 22/89; S 227/95] (1A) Where, in the case of any offence under subsection (1)( e ), it is proved to the satisfaction of the court that the defendant has at the same time employed more than 5 immigration offenders, the defendant shall be punished with caning in addition to the punishment prescribed for that offence. [15/2010] [Act 31 of 2023 wef 31/12/2024] (1B) Where, by virtue of section 325(1)( a ) or ( b ) of the Criminal Procedure Code 2010, the defendant referred to in subsection (1A) is not punishable with caning, he shall, in lieu of caning, be punished with a fine not exceeding $10,000. [15/2010] [Act 31 of 2023 wef 31/12/2024] (2) Where a body corporate is guilty of an offence under subsection (1)( e ) and that offence is proved to have been committed with the authority, consent or connivance 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. (2A) Where a body corporate is guilty of an offence under this Act for which a period of mandatory imprisonment or mandatory caning is prescribed, the body corporate shall, in lieu of imprisonment or caning, be liable on conviction to a fine of not less than $100,000 and not more than $200,000. (3) Any person unlawfully entering or re‑entering or attempting unlawfully to enter or re‑enter Singapore or unlawfully remaining in Singapore shall, whether or not any proceedings are taken against him or her in respect of that offence, be liable to be removed from Singapore by order of the Controller. (3A) If a person is ordered to be removed from Singapore under subsection (3), the Controller may repatriate the person to — ( a ) the person’s place of embarkation; ( b ) the country of the person’s birth or citizenship; or ( c ) any other place designated by the Controller. [Act 31 of 2023 wef 31/12/2024] (4) Where the master of any vessel is charged with an offence under this Act, the clearance of the vessel may be refused until the charge has been heard and the fine (if any) imposed has been paid. (5) Where, in any proceedings under this Act or the regulations, it is proved that the defendant has failed to produce on demand by an immigration officer or a police officer — ( a ) any valid permit, pass or certificate issued to him or her under this Act or the regulations; ( b ) any other document accepted by the Controller as evidence that the defendant has entered or remained in Singapore lawfully; or ( c ) any other evidence showing to the satisfaction of the Controller that the defendant is exempted from section 6(1), it is presumed, until the contrary is proved, that he or she has (as the case may be) entered or re‑entered or remained in Singapore unlawfully. (6) Where, in any proceedings for an offence under subsection (1)( c ), it is proved that the defendant has conveyed any prohibited immigrant in any vehicle, vessel, aircraft or train, it is presumed, until the contrary is proved, that he or she is engaged in the business or trade of conveying to Singapore in or on that vehicle, vessel, aircraft or train that prohibited immigrant knowing him or her to be, or having reasonable grounds for believing him or her to be, a prohibited immigrant. (7) Where, in any proceedings for an offence under subsection (1)( d )(ii) or (iii), it is proved that the defendant has given shelter to an immigration offender, it is presumed, until the contrary is proved, that the defendant has harboured him or her with reckless disregard as to whether he or she is an immigration offender or negligently failing to ascertain as to whether he or she is an immigration offender, as the case may be. (7A) In any proceedings for an offence under subsection (1)( d )(ii) or (iii), it is not a defence for the defendant to prove that the immigration offender harboured was in possession of a permit or pass issued to the immigration offender under this Act or the regulations unless the defendant further proves that he or she had exercised due diligence to ascertain that the permit or pass was at the material time valid under this Act or the regulations. (7B) Where a defendant who is charged with an offence under subsection (1)( d )(ii) has rebutted the presumption that the defendant has harboured an immigration offender with reckless disregard as to whether he or she is such a person under subsection (7), the defendant shall be liable to be charged with an offence under subsection (1)( d )(iii). (7C) For the purpose of subsection (7A) — ( a ) a defendant who is charged with an offence under subsection (1)( d )(ii) is not to be deemed to have exercised due diligence unless the defendant has carried out any 2 of the acts specified in subsection (7D); and ( b ) a defendant who is charged with an offence under subsection (1)( d )(iii) is not to be deemed to have exercised due diligence unless the defendant has carried out all the acts specified in subsection (7D). (7D) The acts referred to in subsection (7C), to be carried out by the defendant in relation to the immigration offender ha


document_id: ia-1959
provision_ref: s57A
chapter: PART 6 - MISCELLANEOUS
section: 57A
title: Prohibition of immigration offender entering or remaining at work place
content:
57A. —(1) An occupier of a work place who has control of access to the work place must not permit any immigration offender to enter or remain at the work place. (2) Where an immigration offender is found at a work place, it is presumed, until the contrary is proved, that the occupier of the work place — ( a ) had control of access to the work place; ( b ) had permitted the immigration offender to enter or remain at the work place; and ( c ) had knowledge that he or she is an immigration offender. (3) The presumptions provided for in subsection (2)( b ) and ( c ) are not rebutted unless the defendant proves that the defendant had exercised due diligence to prevent the immigration offender from entering or remaining at the work place. (4) For the purposes of subsection (3), a defendant is not presumed to have exercised due diligence unless the defendant had taken all reasonable measures to prevent any immigration offender from entering or remaining at the work place, including all the measures prescribed under subsection (5) in respect of the work place. (5) For the purposes of subsection (4), the Minister may, by notification in the Gazette , prescribe the measures that are required to be taken by the occupier of the work place. (6) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of not less than $15,000 and not more than $30,000 or to imprisonment for a term not exceeding 12 months or to both for each immigration offender found at the work place and, in the case of a second or subsequent conviction, to a fine of not less than $30,000 and not more than $60,000 or to imprisonment for a term not exceeding 2 years or to both for each immigration offender found at the work place. (7) In this section — “construction works” means the construction, extension, installation, carrying out, repair, maintenance, renewal, removal, alteration, dismantling or demolition of — ( a ) any building, erection, edifice, structure, wall, fence or chimney, whether constructed wholly or partly above or below ground level; ( b ) any road, motorway, harbour works, railway, cableway, canal or aerodrome; ( c ) any drainage, irrigation or river control work; ( d ) any electrical, water, gas or telecommunication works; ( e ) any bridge, viaduct, dam, reservoir, earthworks, pipeline, sewer, aqueduct, culvert, drive, shaft, tunnel or reclamation, and includes any works which form an integral part of, or are preparatory to, the works described in paragraphs ( a ) to ( e ), including site clearance, earth‑moving, excavation, laying of foundation, site restoration and landscaping, and such other works or activities as the Minister may, by notification in the Gazette , specify to be construction works; “occupier”, in relation to a work place, means the principal contractor who undertakes any construction works at the work place and includes such other person as the Minister may, by notification in the Gazette , specify to be the occupier of the work place; “principal contractor” means a person who has entered into a contract with an owner, a developer or a lessee of a property or an agent of one of those persons for the purpose of carrying out any construction works on the property; “work place” means any place or premises where any construction works are being carried out and includes — ( a ) all the land within the vicinity of the work place which are owned by the person for whom the construction works are being carried out and to which the principal contractor has control of access; ( b ) any canteen, sleeping quarters, office and other structures or buildings erected on the work place; and ( c ) such other place or premises as the Minister may, by notification in the Gazette , specify to be a work place.


document_id: ia-1959
provision_ref: s57B
chapter: PART 6 - MISCELLANEOUS
section: 57B
title: Assisting, encouraging or inducing giving of shelter to immigration offenders
content:
57B. —(1) Any person who, for or in expectation of any fee, gain or reward, assists, encourages or induces any other person to give shelter to any immigration offender shall, if the second-mentioned person gives shelter to the immigration offender in consequence of such assistance, encouragement or inducement, be guilty of an offence and shall on conviction be punished with imprisonment for a presumptive minimum term of not less than 6 months and not more than 2 years and shall also be liable to a fine not exceeding $6,000. [15/2019] (2) In any proceedings for an offence under subsection (1), it is not a defence for the defendant to prove that the immigration offender was in possession of a permit or pass issued to the immigration offender under this Act or the regulations unless the defendant further proves that he or she had exercised due diligence to ascertain that the permit or pass was at the material time valid under this Act or the regulations. (3) For the purpose of subsection (2), a defendant who is charged with an offence under subsection (1) is not to be deemed to have exercised due diligence unless the defendant — ( a ) has inspected the permit or pass issued to the person harboured; ( b ) has checked the permit or pass to ascertain that the particulars on the passport of the person harboured materially correspond with the particulars set out in the permit or pass; and ( c ) has checked with — (i) the Controller of Immigration or the Controller of Work Passes (as the case may be) that the permit or pass was valid at the material time; or (ii) the employer to verify that the person is employed by the employer and that the person’s particulars correspond with the employer’s records, where the name of the employer of the person harboured is specified in the permit or pass. (4) No prosecution for an offence under subsection (1) or for an attempt to commit that offence is to be instituted unless the person whom the defendant is alleged to have assisted, encouraged or induced in fact gave shelter to the immigration offender in consequence of such assistance, encouragement or inducement. (5) A reference to a permit or pass in subsection (3) in relation to a person is to be read as a reference to the original copy of the permit or pass issued to that person under this Act or the regulations.


document_id: ia-1959
provision_ref: s57C
chapter: PART 6 - MISCELLANEOUS
section: 57C
title: Marriage of convenience
content:
57C. —(1) Any person who contracts or otherwise enters into a marriage — ( a ) knowing or having reason to believe that the purpose of the marriage is to assist one of the parties to the marriage to obtain an immigration advantage; and ( b ) where any gratification, whether from a party to the marriage or another person, is offered, given or received as an inducement or reward to any party to the marriage for entering into the marriage, 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 10 years or to both. [18/2012] (2) Any person who arranges or otherwise assists in arranging a marriage between 2 other persons, with the intention of assisting one of the parties to the marriage to obtain an immigration advantage, 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 10 years or to both. [18/2012] (3) This section applies to a marriage entered into whether in Singapore or outside Singapore. [18/2012] (4) In any proceedings for an offence under subsection (1) or (2), it is a defence for the person charged with the offence to prove that, although one purpose of the marriage was to assist a party to the marriage to obtain an immigration advantage, the defendant believed on reasonable grounds, when contracting or entering into the marriage, that the marriage would result in a genuine marital relationship. [18/2012; 7/2016] (5) For the purposes of subsection (4), what constitutes a genuine marital relationship is a question of fact and the court is to have regard to all the circumstances of the case in determining the question. [18/2012] (6) In this section — “gratification” includes — ( a ) money or any gift, loan, fee, reward, commission, valuable security or other property or interest in property of any description, whether movable or immovable; ( b ) any office, employment or contract; ( c ) any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part; and ( d ) any other service, favour or advantage of any description; “immigration advantage”, in relation to a party to a marriage, means the grant or extension of the validity of any visa, pass, permit or re‑entry permit under this Act or the regulations or any order made under this Act for that party or for a child or parent of that party. [18/2012]


document_id: ia-1959
provision_ref: s57D
chapter: PART 6 - MISCELLANEOUS
section: 57D
title: Wearing and possession of uniforms, etc., by others
content:
57D. —(1) A person who, when the person is not an immigration officer — ( a ) wears or possesses any immigration officer uniform, or uses any immigration officer insignia — (i) for the purpose of personating or representing himself or herself as an immigration officer; or (ii) knowing that it is likely to cause any member of the public to believe that he or she is an immigration officer; ( b ) uses the designation or a rank of an immigration officer, in connection with any business, occupation or employment — (i) for the purpose of personating or representing himself or herself as an immigration officer; or (ii) knowing that it is likely to cause any member of the public to believe that he or she is an immigration officer; ( c ) represents himself or herself, by word or conduct, to be an immigration officer for the purpose of personating or representing himself or herself as an immigration officer; or ( d ) wears or possesses any immigration officer uniform, or uses any immigration officer insignia, in connection with any business, occupation or employment, for the purpose of falsely claiming, suggesting or implying — (i) that the person receives or is to receive, a fee, commission or other reward for providing professional or other services in relation to a matter being dealt with or to be dealt with by the Controller; (ii) that the Controller has agreed to acquire any goods or services provided by or on behalf of the person, or that those goods or services had previously been used or acquired by the Controller; or (iii) that the person has the sponsorship or approval of the Controller for any goods or services provided by or on behalf of the person, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both. [53/2018] (2) An immigration officer who wears any immigration officer uniform or uses any immigration officer insignia otherwise than — ( a ) in the course of, and for the purpose of, exercising the functions of an immigration officer; or ( b ) for such other purpose authorised in writing by the Controller, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both. [53/2018] (3) It is a defence to any prosecution for an offence under subsection (1)( a ) or (2) if the accused proves, on a balance of probabilities, that — ( a ) the accused had the express permission of the Controller to wear or possess the immigration officer uniform or use the immigration officer insignia, as the case may be; or ( b ) the accused wore or possessed the immigration officer uniform or used the immigration officer insignia (as the case may be) for the purposes of a public entertainment provided in compliance with the Public Entertainments Act 1958. [53/2018] (4) A person (whether or not an immigration officer) who — ( a ) manufactures any immigration officer uniform or immigration officer insignia otherwise than under an agreement with the Government; ( b ) sells any immigration officer uniform or immigration officer insignia to a person who is neither an immigration officer nor otherwise authorised or permitted under subsection (3) to wear or possess the immigration officer uniform or use the immigration officer insignia; or ( c ) gives or provides, whether or not for a consideration, any immigration officer uniform or immigration officer insignia to a person who is neither an immigration officer nor otherwise authorised or permitted under subsection (3) to wear or possess the immigration officer uniform or use the immigration officer insignia, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. [53/2018] (5) It is a defence to any prosecution for an offence under subsection (4) if the accused proves, on a balance of probabilities, that — ( a ) the accused had reasonable grounds to believe and did make reasonable inquiries to ascertain that the person to whom the immigration officer uniform or immigration officer insignia was sold, given or provided was — (i) an immigration officer; or (ii) a person otherwise authorised or permitted under subsection (3) to wear or possess the immigration officer uniform or use the immigration officer insignia; or ( b ) the accused had received from the person to whom the immigration officer uniform or immigration officer insignia was sold, given or provided, evidence purporting to show that — (i) that person was an immigration officer or was otherwise authorised or permitted under subsection (3) to wear or possess the immigration officer uniform or use the immigration officer insignia; and (ii) it was reasonable to and the accused did accept that evidence as correct. [53/2018] (6) An offence under subsection (1), (2) or (4) is an arrestable offence. [53/2018] (7) In this section — “immigration officer insignia” means — ( a ) any item (being any insignia, emblem, logo, symbol, representation, device, badge of rank or other thing) that is generally recognised as being used by an immigration officer; ( b ) any part of any such item; ( c ) any reasonable imitation of any such item, or part of such item; or ( d ) any insignia, emblem, logo, symbol, representation, device, badge of rank or other thing prescribed as being within this definition; “immigration officer uniform” means the uniform of an immigration officer, and includes — ( a ) any part of such a uniform or any accoutrement of an immigration officer that is generally recognised as a part of the uniform or accoutrement of an immigration officer; or ( b ) any reasonable imitation of such a uniform or accoutrement, or part of a uniform or accoutrement; “sell” includes — ( a ) exchange or let on hire; ( b ) offer, expose, possess, send, forward or deliver for sale, exchange or hire; or ( c ) cause, suffer or allow any sale, exchange or hire; “use”, in relation to immigration officer insignia, includes — ( a ) driving on a public road a vehicle that has on it any immigration officer insignia; and ( b ) using a reproduction or representation of immigration officer insignia, but does not include wearing an immigration officer uniform. [53/2018]


document_id: ia-1959
provision_ref: s58
chapter: PART 6 - MISCELLANEOUS
section: 58
title: General penalty
content:
58. Any person guilty of an offence under this Act for which no special penalty is provided shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: ia-1959
provision_ref: s58A
chapter: PART 6 - MISCELLANEOUS
section: 58A
title: When sentence of caning is prevented from being carried out
content:
58A. —(1) If a sentence of caning imposed on a person under section 6(3)( a ), 9(6), 11A(6)( b ) or 15(3)( b ) for an offence, or section 57(1A) for an offence under section 57(1)( e ), is wholly or partially prevented from being carried out under section 331 of the Criminal Procedure Code 2010, that person must be kept in custody until the court that imposed the sentence revises the sentence. (2) The court that imposed the sentence mentioned in subsection (1) may — ( a ) remit the sentence; or ( b ) impose, instead of as much of the sentence of caning as was not carried out — (i) where the sentence of caning was imposed under section 6(3)( a ), 9(6), 11A(6)( b ) or 15(3)( b ) — a fine not exceeding $6,000; or (ii) where the sentence of caning was imposed under section 57(1A) — a fine not exceeding $10,000. (3) The fine that the court may impose under subsection (2)( b ) for an offence is in addition to any other punishment to which the person has been sentenced for the offence. [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s59
chapter: PART 6 - MISCELLANEOUS
section: 59
title: Composition of offences
content:
59. —(1) The Controller or any immigration officer authorised by name or by office in that behalf by the Minister may compound such offence under this Act or the regulations as may be prescribed as being an offence that may be compounded by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $2,000. [Act 31 of 2023 wef 31/07/2025] [Act 5 of 2025 wef 12/09/2025] (2) Any authorisation of an immigration officer under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 12/09/2025]


document_id: ia-1959
provision_ref: s60
chapter: PART 6 - MISCELLANEOUS
section: 60
title: Jurisdiction of Courts
content:
60. —(1) All offences under this Act or the regulations shall be cognizable by a District Court or a Magistrate’s Court. (2) Any District Court or Magistrate’s Court may, despite anything in the Criminal Procedure Code 2010, impose the full punishment prescribed for any offence except that a Magistrate’s Court shall not impose a sentence of imprisonment for a term exceeding 3 years. [Act 31 of 2023 wef 31/12/2024]


document_id: ia-1959
provision_ref: s61
chapter: PART 6 - MISCELLANEOUS
section: 61
title: Disposal of fees, rates, fines and forfeitures
content:
61. All fees levied, all rates and fines imposed and recovered, all moneys forfeited and all costs and charges recovered under this Act must be paid into the Consolidated Fund. [18/2012]


document_id: ia-1959
provision_ref: s61A
chapter: PART 6 - MISCELLANEOUS
section: 61A
title: Amendment of Schedule
content:
61A. The Minister may, by order in the Gazette , amend the Schedule, except that any other personal identifier so prescribed in the order must — ( a ) be an image of, or a measurement or recording of, an external part of the human body or a person’s voice; and ( b ) not be an identifier the obtaining of which would involve the taking of an invasive sample within the meaning given by section 8 of the Registration of Criminals Act 1949. [Act 26 of 2022 wef 12/06/2023]


document_id: ia-1959
provision_ref: s62
chapter: PART 6 - MISCELLANEOUS
section: 62
title: Saving
content:
62. —(1) Any person in Singapore whose presence is unlawful under the provisions of any previous written law for the time being in force in Singapore or any regulations or orders made thereunder is deemed to be unlawfully in Singapore for the purposes of this Act. (2) Any authority to enter Singapore granted under the provisions of any law in force immediately before 16 April 1963 and valid on that date is deemed to be a valid permit issued under the provisions of this Act but subject to any limitations imposed by that law.


document_id: ia-1965
provision_ref: s2
chapter: PART 1 - GENERAL PROVISIONS OF INTERPRETATION
section: 2
title: Interpretation of certain words and expressions
content:
2. —(1) In this Act, and in every written law enacted before, on or after 28 December 1965 (but without affecting anything done before that date) — “abet”, with its grammatical variations and cognate expressions, has the meaning given by the Penal Code 1871; “Accountant-General” means the Accountant‑General of Singapore; “act”, in relation to an offence or civil wrong, includes a series of acts, and words which refer to acts done are to be construed as extending to illegal omissions; “Act” or “Act of Parliament” means an Act of the Parliament of Singapore and includes any Ordinance or Act of Singapore or Malaysia having the force of law in Singapore; and “Act”, when used in any subsidiary legislation, means the Act under the authority of which the subsidiary legislation was made; “advocate” and “advocate and solicitor” mean an advocate and solicitor of the Supreme Court; “animal” includes bird, reptile, fish and every kind of vertebrate animal and the young thereof; “appoint” includes re-appoint; “Attorney‑General” means the Attorney‑General of Singapore and in relation to any function, power or duty of the Attorney‑General, includes a Deputy Attorney‑General so assigned by the Attorney‑General to perform that function, power or duty; “Auditor-General” means the Auditor-General of Singapore; “Cabinet” means the Cabinet constituted under the Constitution; “Chief Justice” means the Chief Justice of Singapore; “citizen of Singapore” means any person who, under the provisions of the Constitution, has the status of a citizen of Singapore; “civil list” means the provision made under the Constitution for the maintenance of the President; “commencement”, in relation to an Act, means the time at which the Act comes into operation in Singapore; “common law” means the common law insofar as it is in operation in Singapore and any custom or usage having the force of law in Singapore; “Commonwealth” means collectively the Commonwealth countries and includes any colony, protectorate or protected state or any other territory administered by any Commonwealth country; “Commonwealth country” means any country recognised by the President to be a Commonwealth country, and “part of the Commonwealth” means any Commonwealth country, any colony, protectorate or protected state or any other territory administered by the government of any Commonwealth country; “Consolidated Fund” means the Consolidated Fund established by the Constitution; “Constitution” means the Constitution of the Republic of Singapore; “consular officer” means consul‑general, consul, vice‑consul, consular agent and any person for the time being authorised to discharge the duties of consul‑general, consul, vice‑consul or consular agent; “contravene”, in relation to a provision of a written law, includes a failure to comply with a requirement or condition in that provision; “court” means any court of competent jurisdiction in Singapore; “Criminal Procedure Rules” — ( a ) means the Criminal Procedure Rules made under the Criminal Procedure Code 2010 and any other written law by the Criminal Procedure Rules Committee constituted under section 428A of that Code; and ( b ) includes any subsidiary legislation deemed under section 428A(15) of that Code to be Criminal Procedure Rules; “Crown Agents” means the persons for the time being acting as Crown Agents for Overseas Governments and Administrations in the United Kingdom; “Deputy Attorney-General” means a Deputy Attorney‑General appointed under Article 35A of the Constitution; “Deputy Speaker” means the Deputy Speaker of Parliament elected under the Constitution; “District Court” means any District Court constituted under any written law for the time being in force relating to the courts; “District Judge” means a District Judge appointed as such under any written law for the time being in force relating to the courts; “export”, with its grammatical variations and cognate expressions, means to take or cause to be taken out of Singapore by land, sea or air; “Family Court” means a Family Court constituted under section 5 of the Family Justice Act 2014; “Family Justice Rules” means the Family Justice Rules made under the Family Justice Act 2014 and any other written law by the Family Justice Rules Committee constituted under section 46(1) of that Act; “ Gazette ” or “Government Gazette ” means the Republic of Singapore Government Gazette , and includes any supplement thereto and any Gazette Extraordinary; [Act 5 of 2025 wef 09/03/2025] “Government” means the Government of Singapore; “Government Printer” means any person authorised by the Government to print or otherwise publish written laws, Bills, the Gazette , documents of the Government and other official documents; [Act 5 of 2025 wef 09/03/2025] “High Court” means the High Court established by the Constitution; “His Majesty”, “Her Majesty”, “King”, “Queen” or “Sovereign”, in relation to the United Kingdom, means the Sovereign of the United Kingdom for the time being, and “His Britannic Majesty” and “Her Britannic Majesty” have corresponding meanings; [Act 32 of 2024 wef 25/11/2024] “immovable property” includes land, benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth; “import”, with its grammatical variations and cognate expressions, means to bring or cause to be brought into Singapore by land, sea or air; “Judge” means a Supreme Court Judge, a Judicial Commissioner or a Senior Judge sitting in the General Division of the High Court or Appellate Division of the High Court, or the Court of Appeal, in accordance with the Constitution and the Supreme Court of Judicature Act 1969, or an International Judge sitting in the Singapore International Commercial Court, the Appellate Division of the High Court, or the Court of Appeal, in accordance with the Constitution and that Act; “Judicial Service Commission” means the Judicial Service Commission constituted under the provisions of the Constitution; [Act 33 of 2021 wef 14/01/2022] “Judicial Service Officer” means an officer in the Singapore Judicial Service; [Act 33 of 2021 wef 14/01/2022] “Legal Service Commission” means the Legal Service Commission constituted under the provisions of the Constitution; [Act 33 of 2021 wef 14/01/2022] “Legal Service Officer” means an officer in the Singapore Legal Service; [Act 33 of 2021 wef 14/01/2022] “legislature”, in relation to any part of the Commonwealth, means the authority competent to make laws for that part of the Commonwealth; “Magistrate” means a Magistrate appointed under any written law for the time being in force relating to the courts; “Malaya” means Singapore and the States of Malaya; “Malaysia” means the Federation known as Malaysia; “Malaysian citizen” or “Federal citizen” means any person who is a citizen of Malaysia by virtue of the provisions of any law for the time being in force, or any instrument for the time being having the force of law, in Malaysia; “master”, in relation to a ship, means any person, except a pilot or harbour master, having for the time being control or charge of the ship; “military”, in relation to Singapore’s military, includes the digital and intelligence service of the Singapore Armed Forces; [Act 24 of 2022 wef 28/10/2022] “Minister” means the Minister for the time being charged with the responsibility for the department or subject to which the context refers; “monogamous marriage” means a marriage which is recognised by the law of the place where it is contracted as a voluntary union of one man and one woman to the exclusion of all others during the continuance of the marriage; “month” means calendar month; “movable property” means property of every description except immovable property; “national language” means the Malay language; “oath” and “affidavit”, in the case of persons for the time being allowed by law to affirm or declare instead of swearing, include affirmation and declaration, and “swear” in the like case includes affirm and declare; “Ordinance” means any Ordinance of Singapore, and includes any Ordinance of the Colony of the Straits Settlements, any Ordinance of the Colony of Singapore or of the State of Singapore and any Proclamation having the force of law in Singapore; and “Ordinance” when used in any subsidiary legislation means the Ordinance under the authority of which the subsidiary legislation was made; “Parliament” means the Parliament of Singapore; “person” and “party” include any company or association or body of persons, corporate or unincorporate; “police officer” means any member of the Singapore Police Force; “prescribed” means prescribed by the Act in which the word occurs or by any subsidiary legislation made thereunder and, in relation to forms, includes being set out in electronic form on an electronically accessible server (such as an internet website) that is specified in the Act or subsidiary legislation in which the word occurs; “President” means the President of Singapore and includes any person for the time being performing the functions of the President under the provisions of the Constitution; “public holiday” means any day which is declared to be or proclaimed as a public holiday or which under any written law is to be observed as a public holiday in Singapore; “public officer” means the holder of any office of emolument in the service of the Government; “public seal” means the public seal of Singapore; “public service” means service under the Government; “Public Service Commission” means the Public Service Commission constituted under the provisions of the Constitution; “registered”, in relation to a document, means registered under the provisions of any written law for the time being applicable to the registration of such document; “repeal” includes rescind, revoke, cancel, delete or replace; [Act 31 of 2022 wef 01/11/2022] “Rules of Court” means the Rules of Court made under the Supreme Court of Judicature Act 1969 and any other written law by the Rules Committee constituted under section 80(3) of that Act; “Secretary to the Cabinet” means the Secretary to the Cabinet appointed in accordance with the provisions of the Constitution; “ship” includes every description of vessel used in navigation not exclusively propelled by oars or paddles; “sign”, with its grammatical variations and cognate expressions, with reference to a person who is unable to write his or her name, includes “mark” with its grammatical variations and cognate expressions; “Singapore” means the Republic of Singapore and is deemed to include the Island of Singapore and all islands and places which on 2 June 1959 were administered as part of Singapore and all territorial waters adjacent thereto; “Solicitor-General” means the Solicitor-General of Singapore; “Speaker” means the Speaker of Parliament elected in accordance with the provisions of the Constitution; “States of Malaya” means — ( a ) the States of Johore, Kedah, Kelantan, Malacca, Negri Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Trengganu; and ( b ) every Federal Territory which before its establishment was part of the territory of any State mentioned in paragraph ( a ), which constitute part of Malaysia; “statutory declaration”, if made — ( a ) in Singapore, means a declaration made under the Oaths and Declarations Act 2000; ( b ) in the United Kingdom or any part of the Commonwealth other than in Singapore, means a declaration made before a justice of the peace, notary public or other person having authority therein under any law for the time being in force to take or receive a declaration; ( c ) in any other place, means a declaration made before a consul or vice‑consul or before any person having authority under any law for the time being in force to take or receive a declaration; “subsidiary legislation” means any order in council, proclamation, rule, regulation, order, notification, by‑law or other instrument made under any Act, Ordinance or other lawfu


document_id: ia-1965
provision_ref: s2A
chapter: PART 1 - GENERAL PROVISIONS OF INTERPRETATION
section: 2A
title: Criteria for determining death
content:
2A. —(1) For all purposes, a person has died when there has occurred either — ( a ) irreversible cessation of circulation of blood and respiration in the body of the person; or ( b ) total and irreversible cessation of all functions of the brain of the person. (2) The determination of the irreversible cessation of circulation of blood and respiration in the body of a person must, subject to subsection (5), be made in accordance with the ordinary standards of current medical practice. (3) The determination of the total and irreversible cessation of all functions of the brain of a person must, subject to subsections (4) and (6), be made in accordance with the prescribed criteria. (4) Except in the circumstances referred to in subsection (6), the determination of the total and irreversible cessation of all functions of the brain of a person must be certified in the prescribed form by 2 medical practitioners — ( a ) at least one of whom has not been involved in the care or treatment of the person so certified; and ( b ) who possess the prescribed postgraduate medical qualifications. (5) If the death of a person from whose body an organ is to be removed after his or her death as authorised under the Human Organ Transplant Act 1987 or the Medical (Therapy, Education and Research) Act 1972 is determined by the irreversible cessation of circulation of blood and respiration in the body of that person, the person’s death must be certified in the prescribed form by 2 medical practitioners — ( a ) who have not been involved in the care or treatment of the person so certified; ( b ) who do not belong to the team of medical practitioners that will effect the removal of the organ from the body; ( c ) who have not been involved in the selection of the proposed recipient of the organ; and ( d ) who will not be involved in the care or treatment of the proposed recipient of the organ during his or her hospitalisation for the purpose of the transplant. (6) If the death of a person from whose body an organ is to be removed after his or her death as authorised under the Human Organ Transplant Act 1987 or the Medical (Therapy, Education and Research) Act 1972 is determined by the total and irreversible cessation of all functions of the brain of that person, the person’s death must be certified in the prescribed form by 2 medical practitioners — ( a ) who have not been involved in the care or treatment of the person so certified; ( b ) who do not belong to the team of medical practitioners that will effect the removal of the organ from the body; ( c ) who have not been involved in the selection of the proposed recipient of the organ; ( d ) who will not be involved in the care or treatment of the proposed recipient of the organ during his or her hospitalisation for the purpose of the transplant; and ( e ) who possess the prescribed postgraduate medical qualifications. (7) The Minister may, for the purposes of all laws or any specified written law, by regulations prescribe — ( a ) the criteria for determining the total and irreversible cessation of all functions of the brain of a person mentioned in subsections (1)( b ) and (3); and ( b ) the postgraduate medical qualifications and form of the death certificate for the purposes of subsection (4), (5) or (6). (8) Nothing in this section — ( a ) affects the operation of section 110 of the Evidence Act 1893 (burden of proving that a person is alive who has not been heard of for 7 years), section 100 of the Women’s Charter 1961 (proceedings for interim judgment of presumption of death and divorce) or any other written law relating to the presumption of death; ( b ) prevents the certification or determination of death in a case where the body of a person is not found or recovered. [42/2005] (9) In this section, “medical practitioner” means a person who is registered, or deemed to be registered, as a medical practitioner under the Medical Registration Act 1997.


