# legal_provisions

document_id: ca-1960
provision_ref: s109A
chapter: PART 13 - SEARCH, SEIZURE AND ARREST
section: 109A
title: General power to search person
content:
109A. —(1) If a proper officer of customs reasonably suspects that a person has committed or is committing an offence under this Act, the officer may stop that person and do either or both of the following: ( a ) search any bag or thing belonging to or in the possession of that person; ( b ) require that person to reveal the contents of that person’s pockets, if any. (2) The Director‑General may authorise in writing an auxiliary police officer who is employed on any duty or service relating to customs to exercise any power under subsection (1). (3) An auxiliary police officer authorised under subsection (2) is deemed to be a proper officer of customs for the purposes of this section. [Act 6 of 2025 wef 01/04/2025]


document_id: ca-1960
provision_ref: s110
chapter: PART 13 - SEARCH, SEIZURE AND ARREST
section: 110
title: Seizure of goods the subject of an offence and cash
content:
110. —(1) All goods in respect of which there has been, or there is reasonable cause to suspect that there has been, committed any offence under this Act or any breach of the provisions of this Act or of any restriction or condition subject to or upon which any licence or permit has been granted, together with any receptacle, package, vehicle, vessel not exceeding 200 tons net registered tonnage, or aircraft, in which the same may have been found or which has been used in connection with the offence or breach, and any books, documents or mobile communication devices which may reasonably be believed to have a bearing on the case may be seized by any officer of customs in any place either on land or in the territorial waters of Singapore. [Act 6 of 2025 wef 01/04/2025] (1A) The Director‑General may authorise in writing an auxiliary police officer employed on any duty or service relating to customs, to seize any goods under subsection (1) as follows: ( a ) for any goods reasonably suspected to be 400 sticks or less of dutiable or uncustomed cigarettes — on his or her own accord; ( b ) for any goods reasonably suspected to be more than 400 sticks of dutiable or uncustomed cigarettes, or other types of dutiable or uncustomed goods — at the direction of a senior officer of customs. [Act 6 of 2025 wef 01/04/2025] (2) All such goods and such receptacles, packages, vehicles, vessels, aircraft, books, documents or mobile communication devices must, as soon as practicable, be delivered into the care of a proper officer of customs whose duty it is to receive the same. [Act 6 of 2025 wef 01/04/2025] (2A) In addition, if an officer of customs has reasonable cause to suspect that any cash found in any place either on land or in the territorial waters of Singapore or on any person may afford evidence as to the commission of any offence under this Act or breach of a provision of this Act, the officer of customs — ( a ) may seize the cash; and ( b ) must deliver the seized cash, as soon as practicable, into the care of a proper officer of customs whose duty it is to receive the same. [Act 6 of 2025 wef 01/04/2025] (2B) The Director‑General may authorise in writing an auxiliary police officer employed on any duty or service relating to customs to exercise any power under subsection (2A) at the direction of a senior officer of customs. [Act 6 of 2025 wef 01/04/2025] (2C) An auxiliary police officer authorised under subsection (1A) or (2B) is deemed to be an officer of customs for the purposes of this section. [Act 6 of 2025 wef 01/04/2025] (3) Whenever any goods, vehicle, vessel, aircraft, book, document, mobile communication device or cash is seized under this Act, the seizing officer must immediately give written notice of the seizure and the grounds thereof to the owner of the goods, vehicle, vessel, aircraft, book, document, mobile communication device or cash, if known, either by delivering the notice to the owner personally or by post at the owner’s place of abode, if known. [Act 6 of 2025 wef 01/04/2025] (4) The notice mentioned in subsection (3) is not required to be given where the seizure is made on the person, or in the presence of the offender or the owner or the owner’s agent, or in the case of a vessel or an aircraft, in the presence of the master or pilot, as the case may be. (5) The provisions of this section relating to — ( a ) the seizure of goods apply to all the contents of any package or receptacle in which the same are found and to any article used to conceal the same; ( b ) the seizure of any vessel or aircraft apply also to the tackle, equipment and furnishings of the vessel or aircraft; and ( c ) the seizure of conveyances apply to all equipment thereof and to any animal by which the same is drawn. (6) Any goods of a perishable nature or any animal or bird seized under this section may be sold immediately and the proceeds of sale held to abide the result of any prosecution or claim. (7) Any goods which are of a dangerous character or which cannot be removed without undue expense may be destroyed on the instructions of a senior officer of customs. (8) A senior officer of customs may release any goods seized under this section to the importer or owner thereof subject to such conditions and on such security as that officer may determine. (9) The security required under subsection (8) may be by cash deposit or bank guarantee or both. [Act 6 of 2025 wef 01/04/2025]


document_id: ca-1960
provision_ref: s110A
chapter: PART 13 - SEARCH, SEIZURE AND ARREST
section: 110A
title: Inspection of computers, etc.
content:
110A. —(1) This section applies where — ( a ) a Magistrate or senior officer of customs not below the rank of Assistant Director‑General of Customs personally exercises any power under section 102; ( b ) a senior officer of customs exercises any power under section 103; ( c ) an officer of customs exercises any power under a warrant under section 101 or any power under section 110; or ( d ) an auxiliary police officer exercises any power under an authorisation under section 110. (2) Without affecting any powers under section 101 or 110, the Magistrate, senior officer of customs, officer of customs or auxiliary police officer (as the case may be) (each called X ) may, in connection with the exercise of any power mentioned in subsection (1), do all or any of the following in respect of any computer or associated device found in or at the dwelling house, shop or other building or place concerned, as the case may be: ( a ) inspect the operation of the computer or associated device, and any data contained in or available to it, if X reasonably believes that the computer or associated device contains data, or data is available to it, that — (i) relates to any transaction or dealing in any of the goods mentioned in section 101, 103 or 110, as the case may be; or (ii) is evidential material that is relevant to an offence under this Act, any breach of the provisions of this Act or of any restriction or condition subject to or upon which any licence or permit has been granted; ( b ) require — (i) the person by whom or on whose behalf the computer or associated device is or has been so used; or (ii) any person having charge of, or otherwise concerned with the operation of, the computer or associated device, to provide X with any reasonable assistance that he or she may require for the purpose of paragraph ( a ); ( c ) without payment, make copies of, or take extracts from, any data contained in or available to the computer or associated device; ( d ) without payment, take possession of the computer or associated device where, in X ’s opinion — (i) the inspection of the computer or associated device, or the inspection or copying of or the taking of any extract from, any data contained in or available to the computer or associated device, cannot reasonably be performed without taking possession; (ii) the computer or associated device may be interfered with or destroyed unless possession is taken; or (iii) the computer or associated device may be required as evidence in proceedings instituted or commenced for any purpose of, or in connection with, this Act; ( e ) take onto the premises any equipment and material that X requires for the purpose of exercising any power under this section; ( f ) operate any electronic equipment on the premises for the purpose of exercising any power under this section. (3) In this section, “data” includes any computer program or computer software installed in a computer and any computer output (within the meaning given by section 2(1) of the Computer Misuse Act 1993). [Act 6 of 2025 wef 01/04/2025]


document_id: ca-1960
provision_ref: s111
chapter: PART 13 - SEARCH, SEIZURE AND ARREST
section: 111
title: Release of vehicle, vessel or aircraft under bond
content:
111. When any vehicle, vessel or aircraft has been seized under this Act, a senior officer of customs may temporarily return the vehicle, vessel or aircraft to the owner of the same on security being furnished to the satisfaction of the officer that the vehicle, vessel or aircraft will be surrendered to the officer on demand.


document_id: ca-1960
provision_ref: s112
chapter: PART 13 - SEARCH, SEIZURE AND ARREST
section: 112
title: Powers of arrest
content:
112. —(1) Any officer of customs may arrest without warrant — ( a ) any person found committing or attempting to commit, or employing or aiding any person to commit, or abetting the commission of, an offence under this Act; ( b ) any person whom the officer may reasonably suspect to have in the person’s possession any dutiable or uncustomed goods or any goods liable to seizure under this Act; or ( c ) any person against whom a reasonable suspicion exists that the person has been guilty of an offence under this Act, and may search or cause to be searched, any person so arrested. (2) A woman must not be searched except by a woman. (3) An officer of customs making an arrest without warrant must, without unnecessary delay and subject to this section as to bail or previous release, take or send the person arrested before a Magistrate’s Court. (4) An officer of customs must not detain in custody a person arrested without a warrant for a longer period than under the circumstances of the case is reasonable. (5) The period must not exceed 48 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court. (6) A person who has been arrested by an officer of customs must not be released except on his or her own bond or on bail or under the special written order of a Magistrate or a senior officer of customs. (7) If any person liable to arrest under this Act is not arrested at the time of committing the offence for which the person is so liable, or after arrest makes his or her escape, the person may, at any time afterwards, be arrested and be dealt with as if the person had been arrested at the time of committing the offence. (8) Subject to subsection (9), the Director‑General may authorise in writing an auxiliary police officer employed on any duty or service relating to customs, to arrest without warrant — ( a ) any person found committing or attempting to commit, or employing or aiding any person to commit, or abetting the commission of, an offence under this Act; ( b ) any person whom that officer reasonably suspects to have in the person’s possession any dutiable or uncustomed goods or any goods liable to seizure under this Act; or ( c ) any person whom that officer reasonably suspects has been guilty of an offence under this Act, and may search, or cause to be searched, any person so arrested. [Act 6 of 2025 wef 01/04/2025] (9) An auxiliary police officer may exercise any power under subsection (8) only at the direction of a senior officer of customs. [Act 6 of 2025 wef 01/04/2025] (10) Subsections (2) to (7) apply to an arrest and a search of an arrested person made by an auxiliary police officer under subsection (8), and any reference in those provisions to an officer of customs is a reference to the auxiliary police officer. [Act 6 of 2025 wef 01/04/2025]


document_id: ca-1960
provision_ref: s113
chapter: PART 14 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 113
title: Who may prosecute
content:
113. Prosecutions, in respect of offences committed under this Act, may, with the authorisation of the Public Prosecutor, be conducted by a senior officer of customs or any officer of customs specially authorised in writing in that behalf by the Director‑General. [15/2010]


document_id: ca-1960
provision_ref: s114
chapter: PART 14 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 114
title: Jurisdiction of court
content:
114. Despite any written law to the contrary, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has the power to impose the full penalty or punishment in respect of the offence.


document_id: ca-1960
provision_ref: s115
chapter: PART 14 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 115
title: Burden of proof
content:
115. If, in any prosecution in respect of any goods seized for non‑payment of customs duties or excise duties or for any other cause of forfeiture or for the recovery of any penalty or penalties under this Act, any dispute arises — ( a ) whether the customs duties or excise duties have been paid in respect of those goods; ( b ) whether they have been lawfully imported or lawfully landed, or lawfully manufactured; ( c ) whether any goods are exempt from customs duty or excise duty under section 13; ( d ) concerning the place from where those goods were brought; or ( e ) whether drawback has been lawfully claimed, in every such case the burden of proof thereof shall lie on the defendant in such prosecution.


document_id: ca-1960
provision_ref: s115A
chapter: PART 14 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 115A
title: Presumptions of possession of dutiable, prohibited or uncustomed goods
content:
115A. —(1) Any person who is proved to have had in the person’s possession or custody or under the person’s control — ( a ) any thing containing any dutiable, prohibited or uncustomed goods; ( b ) the keys of any thing containing any dutiable, prohibited or uncustomed goods; ( c ) the keys of any place or premises or any part thereof in which any dutiable, prohibited or uncustomed goods are found; or ( d ) a document of title relating to any dutiable, prohibited or uncustomed goods or any other document intended for the delivery of any dutiable, prohibited or uncustomed goods, is, until the contrary is proved, presumed to have had those dutiable, prohibited or uncustomed goods in the person’s possession. (2) If any dutiable, prohibited or uncustomed goods are found in any ship or aircraft, it is, until the contrary is proved, presumed that those dutiable, prohibited or uncustomed goods have been imported in that ship or aircraft with the knowledge of the master or the commander or captain thereof. (3) If any dutiable, prohibited or uncustomed goods are found in any vehicle, it is, until the contrary is proved, presumed to be in the possession of the owner of the vehicle and of the person in charge of the vehicle for the time being.


document_id: ca-1960
provision_ref: s116
chapter: PART 14 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 116
title: Proportional examination or testing of goods seized to be accepted by courts
content:
116. —(1) When any goods suspected of being uncustomed or otherwise liable to seizure have been seized, it is sufficient to open, examine, and if necessary test the contents of such proportion of the goods seized as the proper officer of customs may determine. (2) The court is to presume that the goods contained in the unopened packages or receptacles are of the same nature, quantity and quality as those found in the similar packages or receptacles which have been opened.


document_id: ca-1960
provision_ref: s117
chapter: PART 14 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 117
title: Proof as to registration or licensing of vehicles, vessels and aircraft
content:
117. —(1) Where, in any prosecution under this Act, it is relevant to ascertain particulars as to the registration or licensing of any vehicle, vessel or aircraft registered or licensed in Singapore or in Malaysia, a certificate purporting to be signed by the officer responsible under any written law for the time being in force in Singapore or in Malaysia or any part thereof for such registration or licensing is prima facie evidence as to all particulars concerning such registration or licensing contained therein. (2) The burden of proving the incorrectness of any particulars stated in the certificate is on the person denying the same.


document_id: ca-1960
provision_ref: s118
chapter: PART 14 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 118
title: Analyst’s certificate
content:
118. —(1) A certificate purporting to be signed by an analyst employed by such laboratory as the Director‑General may specify (called in this section an analyst) and purporting to be a report by the analyst upon any matter or thing duly submitted to the analyst for examination or analysis may be used as evidence in any proceedings for an offence under this Act on its production by the prosecution without proof of signature and is prima facie evidence of all matters contained therein. [3/2008] (2) Where the accused person desires to examine an analyst on the analyst’s report, the accused person may require the court to summon that analyst to give evidence and the court is to then summon that analyst as a witness for the prosecution. (3) An analyst is bound to state the truth in a report made under the analyst’s hand.


document_id: ca-1960
provision_ref: s119
chapter: PART 14 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 119
title: Imprisonment for non-payment of fine
content:
119. Despite the provisions of the Criminal Procedure Code 2010, the period of imprisonment imposed by any court in respect of the non-payment of any fine under this Act, or in respect of the default of a sufficient distress to satisfy any such fine, is such period as in the opinion of the court will satisfy the justice of the case, but must not exceed in any case the maximum fixed by the following scale: Where the fine The period may extend to does not exceed $50 2 months exceeds $50 but does not exceed $100 4 months exceeds $100 but does not exceed $200 6 months with one additional month for every $100 after the first $200 of the fine until a maximum period of 6 years is reached.


document_id: ca-1960
provision_ref: s120
chapter: PART 14 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 120
title: Manner of seizure not to be inquired into on trial before court or on appeal to Supreme Court
content:
120. On any trial before any court and in any proceedings on appeal in the Supreme Court, relating to the seizure of goods subject to forfeiture under this Act, the court is to proceed to the trial or hear the appeal on the merits of the case only, without inquiring into the manner or form of making any seizure, except insofar as the manner and form of seizure may be evidence on such merits.


document_id: ca-1960
provision_ref: s121
chapter: PART 14 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 121
title: Protection of informers from discovery
content:
121. —(1) Subject to this section, no witness in any civil or criminal proceedings is obliged or permitted to disclose the name or address of an informer or the substance of the information received from the informer or to state any matter which might lead to the informer’s discovery. (2) If any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceedings contain any entry in which any informer is named or described or which might lead to the informer’s discovery, the court is to cause all such passages to be concealed from view or to be obliterated so far only as may be necessary to protect the informer from discovery. (3) If, on the trial for any offence under this Act, the court, after full inquiry into the case, believes that the informer wilfully made in the informer’s complaint a material statement which the informer knew or believed to be false or did not believe to be true, or if in any other proceedings the court is of the opinion that justice cannot be fully done between the parties to the proceedings without the discovery of the informer, it is lawful for the court to require the production of the original complaint, if in writing, and permit inquiry, and require full disclosure, concerning the informer.


document_id: ca-1960
provision_ref: s122
chapter: PART 14 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 122
title: Goods liable to seizure liable to forfeiture
content:
122. —(1) All goods liable to seizure under the provisions of this Act are liable to forfeiture. (2) In this section and sections 123, 124 and 127, “goods” includes receptacles, packages, vehicles, vessels not exceeding 200 tons net registered tonnage and aircraft, other than aircraft engaged on international carriage.


document_id: ca-1960
provision_ref: s123
chapter: PART 14 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 123
title: Court to order disposal of goods seized
content:
123. —(1) An order for the forfeiture or for the release of anything liable to forfeiture under the provisions of this Act shall be made by the court before which the prosecution with regard thereto has been held. (2) An order for the forfeiture of goods shall be made if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the goods were the subject matter of, or were used in the commission of, the offence, even though no person may have been convicted of the offence. (3) All goods forfeited must be delivered to a proper officer of customs and must be disposed of in accordance with the directions of the Director‑General.


document_id: ca-1960
provision_ref: s124
chapter: PART 14 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 124
title:
Goods seized in respect of which there is no prosecution, deemed to be forfeited if not claimed within one month

content:
124. —(1) If there is no prosecution with regard to any goods seized under this Act, the goods are to be taken and deemed to be forfeited at the expiry of one month from the date of seizure unless a claim thereto is made before that date in the manner provided in this section. (2) Any person asserting that the person is the owner of the goods may personally or by the person’s agent authorised in writing give written notice to a senior officer of customs that the person claims the goods. (3) On receipt of the notice, the senior officer of customs must refer the claim to the Director‑General who may direct that the goods be released or may direct the senior officer of customs, by information in the prescribed form, to refer the matter to a District Judge or a Magistrate for his or her decision. (4) The District Judge or the Magistrate shall issue a summons requiring the person asserting that the person is the owner of the goods and the person from whom they were seized, if the person is known, to appear before the District Judge or the Magistrate. (5) Upon the person’s appearance or default to appear, due service of the summons being proved, the District Judge or the Magistrate shall proceed to the examination of the matter and on proof that an offence under this Act has been committed and that the goods were the subject matter, or were used in the commission, of the offence, shall order the goods to be forfeited or may in the absence of such proof order their release. (6) In any proceedings under subsection (5), section 115 applies to the person asserting that the person is the owner of the goods and to the person from whom they were seized as if the owner or person had been the defendant in a prosecution under this Act.


document_id: ca-1960
provision_ref: s125
chapter: PART 14 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 125
title: Conviction under other law
content:
125. Nothing in this Act is deemed to prevent the prosecution, conviction and punishment of any person according to the provisions of any other written law for the time being in force in Singapore, except that a person must not be punished more than once for the same offence.


document_id: ca-1960
provision_ref: s125A
chapter: PART 14 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 125A
title: Customs ticket notice
content:
125A. —(1) Where an officer of customs has reasonable grounds for believing that a person has committed an offence under this Act which is prescribed as an offence to which this section applies, the officer may, in lieu of applying to a court for a summons, immediately serve upon that person a prescribed notice requiring that person to attend at the court described, at the hour and on the date specified in the notice. [25/2011] (2) A duplicate of the notice must be prepared by the officer of customs and, if so required by a court, produced to the court. [25/2011] (3) The notice may be served on the person alleged to have committed the offence in the manner provided by section 92(1). [25/2011] (4) On an accused person appearing before a court pursuant to such a notice, the court is to take cognizance of the offence alleged and proceed as though the person were produced before it in pursuance of section 153 of the Criminal Procedure Code 2010. [25/2011] (5) If a person, upon whom such a notice has been served, fails to appear before a court in person or by counsel in accordance therewith, the court may, if satisfied that the notice was duly served, issue a warrant for the arrest of the person unless, in the case of an offence which may be compounded, that person has before that date been permitted to compound the offence. [25/2011] (6) Upon a person arrested pursuant to a warrant issued under subsection (5) being produced before a court, the court is to proceed as though the person were produced before it in pursuance of section 153 of the Criminal Procedure Code 2010. [Act 31 of 2022 wef 01/11/2022] (7) [ Deleted by Act 31 of 2022 wef 01/11/2022 ] (8) A senior officer of customs or an officer empowered with the power of senior officer of customs may, at any time before the date specified in the notice, cancel the notice. [25/2011]


document_id: ca-1960
provision_ref: s126
chapter: PART 14 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 126
title: Composition of offences
content:
126. —(1) Any senior officer of customs may compound any offence under this Act that is prescribed to be a compoundable offence by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $5,000. (2) On payment of the sum of money, the person reasonably suspected of having committed an offence, if in custody, must be discharged, any properties seized must be released and no further proceedings are to be taken against that person or property unless the property consists of goods the import of which is absolutely prohibited under section 38 or of goods manufactured in Singapore without a licence in contravention of this Act, in which case the goods are to be forfeited.


document_id: ca-1960
provision_ref: s127
chapter: PART 14 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 127
title:
No costs or damages arising from seizure to be recoverable unless seizure without reasonable or probable cause

content:
127. No person is, in any proceedings before any court in respect of the seizure of any goods seized in exercise or the purported exercise of any power conferred under this Act, entitled to the costs of the proceedings or to any damages or other relief other than an order for the return of the goods or the payment of their value unless the seizure was made without reasonable or probable cause.


document_id: ca-1960
provision_ref: s127A
chapter: PART 14 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 127A
title: Procedure governing seizure of computer, etc., other than certain goods
content:
127A. —(1) Subject to subsection (2), sections 370, 371 and 372 of the Criminal Procedure Code 2010 apply, with the necessary modifications, when any officer of customs or auxiliary police officer seizes any computer or associated device, mobile communication device or cash under any provision of this Act. (2) Subsection (1) does not apply to computers or associated devices, or mobile communication devices, that are goods — ( a ) in respect of which there has been committed, or there is reasonable cause to suspect that there has been committed, any offence under this Act or any breach of the provisions of this Act or of any restriction or condition subject to or upon which any licence or permit has been granted; and ( b ) that are seized under any provision of this Act. [Act 6 of 2025 wef 01/04/2025]


document_id: ca-1960
provision_ref: s128
chapter: PART 15 - OFFENCES AND PENALTIES
section: 128
title:
Offences in relation to making and signing untrue or incorrect or incomplete declarations, certificates and documents

content:
128. —(1) Any person who — ( a ) makes or causes to be made, orally or in writing, or signs or causes to be signed any declaration, certificate or other document required by this Act, which is untrue or incorrect in any particular or which is incomplete by omitting any material particular therefrom; ( b ) makes or causes to be made, orally or in writing, or signs or causes to be signed any declaration or document, made for consideration of any officer of customs on any application presented to the officer, which is untrue or incorrect in any particular or which is incomplete by omitting any material particular therefrom; or ( c ) makes or causes to be made a declaration required by this Act of the value of dutiable goods imported into or manufactured in Singapore for the purpose of assessment of customs duty or excise duty, which declaration is untrue or incorrect in any particular or is incomplete by any material particular having been omitted therefrom, shall be guilty of an offence. [3/2008; 25/2011] (2) When any such declaration, whether oral or written, or any such certificate or other document has been proved to be untrue or incorrect or incomplete in whole or in part, it is no defence to allege — ( a ) that the declaration, certificate or other document was made or used inadvertently or without criminal or fraudulent intent, or that the person signing the same was not aware of, or did not understand the contents of, the document; or ( b ) where the declaration was made or recorded in English by interpretation from any other language, that the declaration was misinterpreted or not fully interpreted by any interpreter provided by the declarant. [3/2008]


document_id: ca-1960
provision_ref: s128A
chapter: PART 15 - OFFENCES AND PENALTIES
section: 128A
title: Offences in relation to falsifying documents
content:
128A. —(1) Any person who — ( a ) counterfeits or falsifies, or uses, when counterfeited or falsified — (i) any document which is or may be required under this Act; or (ii) any document used in the transaction of any business or matter relating to customs; or ( b ) fraudulently alters any document, or counterfeits the seal, signature, initials or other mark of, or used by, any officer of customs for the verification of any such document or for the security of any goods or any other purpose in the conduct of business relating to customs, shall be guilty of an offence. [3/2008] (2) When any such document has been proved to be counterfeited or falsified in whole or in part, it is no defence to allege that the document was made or used inadvertently or without criminal or fraudulent intent. [3/2008]


document_id: ca-1960
provision_ref: s128B
chapter: PART 15 - OFFENCES AND PENALTIES
section: 128B
title: Offences in relation to failure to make declarations
content:
128B. —(1) Any person who, being required by this Act to do so — ( a ) fails to make a declaration of dutiable goods which are imported into, exported from or transhipped in Singapore; or ( b ) fails to make a declaration of the value of dutiable goods imported into or manufactured in Singapore for the purpose of the assessment of customs duty or excise duty, shall be guilty of an offence. [3/2008] (2) When a failure to make a declaration has been proved, it is no defence to allege that the failure was inadvertent or without criminal or fraudulent intent, or that it was not known that such a declaration is required to be made. [3/2008]


document_id: ca-1960
provision_ref: s128C
chapter: PART 15 - OFFENCES AND PENALTIES
section: 128C
title: Offences in relation to failure to produce trade documents
content:
128C. Any person who fails or refuses to produce to a proper officer of customs any document required to be produced under section 85 shall be guilty of an offence. [3/2008]


document_id: ca-1960
provision_ref: s128D
chapter: PART 15 - OFFENCES AND PENALTIES
section: 128D
title: Offences in relation to fraudulent evasion
content:
128D. Any person who is in any way concerned in any fraudulent evasion of, or attempt to fraudulently evade, any customs duty or excise duty shall be guilty of an offence. [3/2008]


document_id: ca-1960
provision_ref: s128E
chapter: PART 15 - OFFENCES AND PENALTIES
section: 128E
title: Offences in relation to goods found in person’s baggage or upon his or her person, etc.
content:
128E. Any person who after he or she denies having, is found to have, any dutiable or prohibited goods in the person’s baggage or upon his or her person or otherwise in the person’s possession shall be guilty of an offence. [3/2008]


document_id: ca-1960
provision_ref: s128F
chapter: PART 15 - OFFENCES AND PENALTIES
section: 128F
title: Offences in relation to importation of uncustomed or prohibited goods
content:
128F. Any person who is in any way concerned in importing any uncustomed or prohibited goods shall be guilty of an offence. [3/2008]


document_id: ca-1960
provision_ref: s128G
chapter: PART 15 - OFFENCES AND PENALTIES
section: 128G
title: Offences in relation to exportation of uncustomed or prohibited goods
content:
128G. Any person who is in any way concerned in exporting any uncustomed or prohibited goods shall be guilty of an offence. [3/2008]


document_id: ca-1960
provision_ref: s128H
chapter: PART 15 - OFFENCES AND PENALTIES
section: 128H
title:
Offences in relation to shipping, unshipping, loading, unloading, etc., of uncustomed or prohibited goods

content:
128H. Any person who ships, unships, loads, unloads, lands or delivers, or who assists or is concerned in the shipping, unshipping, loading, unloading, landing or delivery of, any uncustomed or prohibited goods, whether or not the goods are shipped, unshipped, loaded, unloaded, landed or delivered, shall be guilty of an offence. [3/2008]


document_id: ca-1960
provision_ref: s128I
chapter: PART 15 - OFFENCES AND PENALTIES
section: 128I
title: Offences in relation to possession, storage, conveying and harbouring of goods
content:
128I. —(1) Any person who — ( a ) stores, keeps or has in the person’s possession any — (i) dutiable or prohibited goods, except under customs control; or (ii) uncustomed goods; ( b ) is in any way concerned in conveying, removing, depositing or dealing with any dutiable, uncustomed or prohibited goods with intent to defraud the Government of any customs duty or excise duty thereon, or to evade any of the provisions of this Act; or ( c ) knowingly harbours or conceals, or permits, suffers, causes, or procures to be harboured or concealed, any dutiable, uncustomed or prohibited goods, shall be guilty of an offence. [3/2008; 25/2011] (2) Nothing in paragraph ( a ) of subsection (1) prevents any person from storing, keeping or having in the person’s possession goods mentioned in that paragraph if the Director‑General has allowed the person to store, keep or have the goods in the person’s possession under section 27(3). [25/2011]


document_id: ca-1960
provision_ref: s128J
chapter: PART 15 - OFFENCES AND PENALTIES
section: 128J
title: Offences in relation to duty-free allowances
content:
128J. Any person who sells, exchanges or gives away, or offers to sell, exchange or give away, to any person in Singapore goods which are the person’s duty‑free allowances in Singapore shall be guilty of an offence. [3/2008]


document_id: ca-1960
provision_ref: s128K
chapter: PART 15 - OFFENCES AND PENALTIES
section: 128K
title:
Offences in relation to illegal removal of goods from customs control, etc., and carrying on of certain activities without licence

content:
128K. Any person who — ( a ) illegally removes or withdraws, or in any way assists or is concerned in the illegal removal or withdrawal of, any goods from any customs control; ( b ) is in any way concerned in the manufacture of any dutiable or prohibited goods — (i) in contravention of section 63; or (ii) without a licence granted under section 83 for manufacturing dutiable goods; or ( c ) is in any way concerned in bottling, blending, compounding or varying any intoxicating liquors — (i) in contravention of section 66; or (ii) without a licence granted under section 83 for bottling intoxicating liquors imported or manufactured in Singapore, or blending, compounding or varying any intoxicating liquors, shall be guilty of an offence. [3/2008]


document_id: ca-1960
provision_ref: s128KA
chapter: PART 15 - OFFENCES AND PENALTIES
section: 128KA
title:
Additional offences relating to goods in respect of which offence under section 128D, 128F, 128G, 128H, 128I or 128K is committed

content:
128KA. —(1) An owner or occupier of any land or premises who — ( a ) stores or keeps any goods; or ( b ) permits or allows any other person to store or keep any goods, on the land or premises shall be guilty of an offence if the goods are specified goods, unless the owner or occupier has exercised due care to ascertain that the goods are not specified goods. (2) The owner of a vehicle or, if the vehicle is hired out by the owner to another person (called the hirer), the hirer who — ( a ) uses the vehicle to store or keep, or convey, any goods; or ( b ) permits or allows any other person to use the vehicle to store or keep, or convey, any goods, shall be guilty of an offence if the goods are specified goods, unless the owner or hirer has exercised due care to ascertain that the goods are not specified goods. (3) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $10,000. (4) In this section, “specified goods” means — ( a ) any goods in respect of which an offence under section 128D, 128F, 128G, 128H or 128I is committed; or ( b ) any goods or intoxicating liquor in respect of which an offence under section 128K is committed. [Act 6 of 2025 wef 01/04/2025]


document_id: ca-1960
provision_ref: s128L
chapter: PART 15 - OFFENCES AND PENALTIES
section: 128L
title: Penalty for various offences
content:
128L. —(1) Any person who is guilty of an offence under section 128(1), 128A(1), 128B(1) or 128C shall be liable on conviction to a fine not exceeding $10,000, or the equivalent of the amount of the customs duty, excise duty or tax payable, whichever is the greater amount, or to imprisonment for a term not exceeding 12 months, or to both. [3/2008] (2) Subject to subsection (3), any person who is guilty of a specified offence shall be liable on conviction to a fine of — ( a ) not less than 10 times the amount of the customs duty, excise duty or tax the payment of which would have been evaded by the commission of the offence or $5,000, whichever is the lesser amount, subject to a minimum of $1,000 where the specified offence involves goods consisting wholly or partly of relevant tobacco products; and ( b ) not more than 20 times the amount of the customs duty, excise duty or tax the payment of which would have been so evaded or $5,000, whichever is the greater amount, except that where the amount of customs duty or excise duty cannot be ascertained, the penalty may amount to a fine not exceeding $10,000, subject to a minimum of $1,000 where the specified offence involves goods consisting wholly or partly of relevant tobacco products. [3/2008; 25/2011] [Act 6 of 2025 wef 01/04/2025] (2A) Any person mentioned in subsection (2) shall be liable to imprisonment for a term not exceeding 12 months in addition to the punishment prescribed under that subsection. [Act 6 of 2025 wef 01/04/2025] (3) Any person who is convicted of any specified offence and who has been convicted on a previous occasion of — ( a ) that or any other specified offence; or ( b ) any offence under the repealed section 130(1) in force immediately before 4 April 2008, shall be liable on conviction to a fine mentioned in subsection (2). [3/2008] [Act 6 of 2025 wef 01/04/2025] (3A) Any person mentioned in subsection (3) shall be liable to imprisonment for a term not exceeding 2 years in addition to the punishment prescribed under that subsection. [Act 6 of 2025 wef 01/04/2025] (4) Any person who is guilty of any specified offence involving goods consisting wholly or partly of relevant tobacco products shall, if such tobacco products exceed 2 kilogrammes in weight, be liable on conviction — ( a ) to a fine of — (i) not less than 15 times the amount of the customs duty, excise duty or tax the payment of which would have been evaded by the commission of the offence, subject to a minimum of $1,000; and (ii) not more than 20 times the amount of the customs duty, excise duty or tax the payment of which would have been so evaded or $10,000, whichever is the greater amount; or ( b ) to imprisonment for a term not exceeding 3 years, or to both. [3/2008; 25/2011] (5) Where any person is convicted of a specified offence committed by the person on or after 1 January 2012 involving goods consisting wholly or partly of relevant tobacco products and the person has been convicted on a previous occasion of — ( a ) that or any other specified offence involving such goods; or ( b ) any offence under the repealed section 130(1) in force immediately before 4 April 2008 involving such goods, then the person shall be liable to — ( c ) a fine of — (i) not less than 30 times the amount of the customs duty, excise duty or tax the payment of which would have been evaded by the commission of the firstmentioned specified offence, subject to a minimum of $2,000; and (ii) not more than 40 times the amount of the customs duty, excise duty or tax the payment of which would have been so evaded or $20,000, whichever is the greater amount; or ( d ) imprisonment for a term not exceeding 6 years, or to both. [25/2011] (5A) Despite subsection (5), where any person is convicted of a specified offence committed by the person on or after 1 January 2012 involving goods consisting wholly or partly of relevant tobacco products exceeding 2 kilogrammes in weight and the person has been convicted on a previous occasion of — ( a ) that or any other specified offence involving goods consisting wholly or partly of relevant tobacco products exceeding 2 kilogrammes in weight; or ( b ) any offence under the repealed section 130(1) in force immediately before 4 April 2008 involving goods consisting wholly or partly of relevant tobacco products exceeding 2 kilogrammes in weight, then the person shall be punished with — ( c ) a fine of — (i) not less than 30 times the amount of the customs duty, excise duty or tax the payment of which would have been evaded by the commission of the firstmentioned specified offence, subject to a minimum of $2,000; and (ii) not more than 40 times the amount of the customs duty, excise duty or tax the payment of which would have been so evaded or $20,000, whichever is the greater amount; and ( d ) imprisonment for a term not exceeding 6 years. [25/2011] (6) In any prosecution against a person for committing, attempting or abetting an offence under sections 128D to 128K, any dutiable, uncustomed or prohibited goods are deemed to be dutiable, uncustomed or prohibited goods to the person’s knowledge, unless the contrary is proved by the person. [3/2008] (7) In this section — “relevant tobacco products” means any cigarette, cigar, cheroot or cigarillo or any other form of tobacco including — ( a ) any mixture containing tobacco; and ( b ) any tobacco substitute which is capable of being smoked; “specified offence” means an offence under section 128D, 128E, 128F, 128G, 128H, 128I, 128J or 128K. [3/2008]


document_id: ca-1960
provision_ref: s129
chapter: PART 15 - OFFENCES AND PENALTIES
section: 129
title: Penalty on refusing to answer questions or on giving false information or false document
content:
129. —(1) Any person who, being required by this Act to answer any question put to the person by any proper officer of customs, or to give any information or produce any document which may reasonably be required of the person by the officer and which it is in the person’s power to give — ( a ) refuses to answer the question or does not truly answer the question; ( b ) refuses to give such information or produce such document; or ( c ) furnishes as true information or document which the person knows or has reason to believe to be false, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. (2) When any such answer or any such information or any such document is proved to be untrue or incorrect in whole or in part, it is no defence to allege that such answer or such information or such document or any part thereof was made or furnished or produced inadvertently or without criminal or fraudulent intent, or was misinterpreted or not fully interpreted by an interpreter provided by the informant. (3) Nothing in this section obliges a person to answer any question which would have a tendency to expose the person to a criminal charge or to a penalty or forfeiture. 130. [ Repealed by Act 3 of 2008 ]


document_id: ca-1960
provision_ref: s131
chapter: PART 15 - OFFENCES AND PENALTIES
section: 131
title: Evading duty by unauthorised modification of computer program or data
content:
131. —(1) Any person who, without the authority of the Director‑General — ( a ) destroys, damages, erases or otherwise manipulates data stored in, or used in connection with, a computer; ( b ) introduces into, or records or stores in, a computer by any means data for the purpose of — (i) destroying, damaging, erasing or altering other data stored in that computer; or (ii) interfering with, interrupting or obstructing the lawful use of, that computer or the data stored in that computer; or ( c ) otherwise uses a computer, the purpose or effect of which is to reduce, avoid or evade any liability to customs duty, excise duty or tax imposed or which would otherwise have been imposed by this Act, or to defeat any provision of this Act, shall be guilty of an offence and shall be liable — ( d ) on the first conviction to a fine of not less than 10 times the amount of the customs duty, excise duty or tax or $5,000 whichever is the lesser amount, and of not more than 20 times the amount of the customs duty, excise duty or tax or $5,000 whichever is the greater and where the amount of customs duty or excise duty cannot be ascertained, the penalty shall be a fine not exceeding $5,000; and ( e ) on the second or subsequent conviction to the fine mentioned in sub‑paragraph ( d ) or to imprisonment for a term not exceeding 2 years or to both. (2) In subsection (1), “data” includes any computer program or part of a computer program being a program, whether or not approved by the Director‑General, for use in relation to the computer service established under section 86.


document_id: ca-1960
provision_ref: s132
chapter: PART 15 - OFFENCES AND PENALTIES
section: 132
title:
Knowingly advancing or furnishing money for business comprising sale, purchase, etc., of uncustomed goods

content:
132. Any person who knowingly advances or furnishes money for the purpose of establishing or conducting any business comprising the sale, purchase, hire, receiving, concealment, disposal or dealing of uncustomed goods 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 $1 million and shall also be liable to imprisonment for a term not exceeding 6 years.


document_id: ca-1960
provision_ref: s133
chapter: PART 15 - OFFENCES AND PENALTIES
section: 133
title:
Penalty for adding deleterious substances to intoxicating liquor, or storing, keeping, etc., such liquor

content:
133. —(1) Any person who — ( a ) is in any way concerned in adding deleterious substances to any intoxicating liquor for consumption or for sale; or ( b ) stores, keeps or has in the person’s possession any intoxicating liquor to which has been added deleterious substances, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. (2) The owner or occupier of any premises upon which any intoxicating liquor to which has been added deleterious substances is found or which has been used for the sale of such intoxicating liquor is deemed, until the contrary is proved, to have knowingly kept, used or permitted the use of the premises for such purposes. (3) In any prosecution against a person for committing, attempting to commit or abetting an offence under this section, any intoxicating liquor to which has been added deleterious substances is deemed to have been so added with the person’s knowledge unless the contrary is proved by the person.


document_id: ca-1960
provision_ref: s134
chapter: PART 15 - OFFENCES AND PENALTIES
section: 134
title: Offence in connection with claims for drawback
content:
134. If any person obtains, attempts to obtain or abets in obtaining, or does anything whereby there might be obtained by any person, any amount by way of drawback of any duty in respect of any goods which is not lawfully payable or allowable in respect thereof or which is greater than the amount so payable or allowable, the person shall be guilty of an offence and shall be liable on conviction to a fine of 3 times the value of the goods or $5,000, whichever is the greater.


document_id: ca-1960
provision_ref: s135
chapter: PART 15 - OFFENCES AND PENALTIES
section: 135
title: Penalty for possession of a still, etc.
content:
135. Every person other than a person licensed under — ( a ) section 63(1), or section 83(3) for manufacturing dutiable goods, who knowingly keeps or has in the person’s possession any still, utensil, apparatus, equipment or machinery for the manufacture of any dutiable goods; or ( b ) section 66(1), or section 83(3) for bottling intoxicating liquors imported or manufactured in Singapore, or blending, compounding or varying any intoxicating liquors, who knowingly keeps or has in the person’s possession any utensil, apparatus, material or ingredient for bottling, blending, compounding or varying intoxicating liquor, 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 18 months or to both. [3/2008]


document_id: ca-1960
provision_ref: s136
chapter: PART 15 - OFFENCES AND PENALTIES
section: 136
title: Motor vehicle leaving Singapore without prescribed amount of motor fuel
content:
136. —(1) Except with the written permission of the Director‑General or an officer of customs authorised by the Director‑General for the purpose of this section, any person, being in charge of a motor vehicle registered under the Road Traffic Act 1961, who leaves or attempts to leave Singapore in that motor vehicle or with that motor vehicle in a vessel without such minimum amount of motor fuel in such of its fuel supply tanks as the Minister may by order prescribe shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500. [25/2011; 29/2018] (2) For the purposes of subsection (1) — ( a ) where a motor vehicle is driven past the Customs gantry before the departure bay of the Immigration Checkpoint at any prescribed place, the person in charge of that motor vehicle is presumed, until the contrary is proved, to have attempted to leave Singapore in that motor vehicle or with that motor vehicle in a vessel, as the case may be; ( b ) where a motor vehicle is fitted with an instrument or gauge which indicates or measures the amount of motor fuel in any fuel supply tank of the motor vehicle, the indication or measurement on that instrument or gauge is, until the contrary is proved, evidence of the amount of motor fuel in that fuel supply tank; ( c ) the proper officer of customs may measure or otherwise ascertain the quantity of motor fuel carried in a fuel supply tank of any motor vehicle registered under the Road Traffic Act 1961. [25/2011] (3) To avoid doubt, written permission under subsection (1) may be given to enable a person to leave Singapore without contravening that subsection, after the person has attempted to leave Singapore in contravention of that subsection, and without affecting any liability of the person for such attempt. [29/2018]


document_id: ca-1960
provision_ref: s137
chapter: PART 15 - OFFENCES AND PENALTIES
section: 137
title:
Penalty for assaulting or obstructing officers of customs, rescuing goods, resisting arrest and escaping from custody

content:
137. —(1) Any person who — ( a ) assaults, abuses or obstructs any officer of customs or other public servant or any person acting in the officer’s or public servant’s aid or assistance, or duly employed for the prevention of offences under this Act in the execution of his or her duty or in the due seizing of any goods liable to seizure under this Act; ( b ) rescues or endeavours to rescue, or causes to be rescued, anything which has been duly seized; ( c ) before or after any seizure, staves, breaks or otherwise destroys any package or goods to prevent the seizure thereof or the securing of the same; or ( d ) intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or herself or of any other person, or escapes or attempts to escape from any custody in which he or she is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be guilty of an offence. ( e ) [ Deleted by Act 6 of 2025 wef 01/04/2025 ] ( f ) [ Deleted by Act 6 of 2025 wef 01/04/2025 ] [Act 6 of 2025 wef 01/04/2025] (2) Any person who, with intent to delay or obstruct the carrying out of an investigation under this Act, alters, suppresses, conceals or destroys any book, document or other record which — ( a ) the Director‑General or any proper officer of customs may inspect, copy, make extracts of or take possession of under this Act; or ( b ) the person is or is liable to be required to give or produce to a proper officer of customs under this Act, shall be guilty of an offence. [Act 6 of 2025 wef 01/04/2025] (3) A person who is guilty of an offence under subsection (1) or (2) shall be liable — ( a ) on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 18 months or to both; and ( b ) in the case of a second or subsequent conviction, to a fine not exceeding $20,000 and to imprisonment for a term not exceeding 3 years. [Act 6 of 2025 wef 01/04/2025]


document_id: ca-1960
provision_ref: s138
chapter: PART 15 - OFFENCES AND PENALTIES
section: 138
title: Penalty for offering or receiving bribes
content:
138. —(1) If any officer of customs or other person duly employed by the Singapore Customs — ( a ) makes any collusive seizure or delivers up or makes any agreement to deliver up or not to seize any vessel or aircraft or other means of conveyance, or any goods liable to seizure; ( b ) accepts, agrees to accept, or attempts to obtain, any bribe, gratuity, recompense or reward for the neglect or non‑performance of his or her duty; or ( c ) conspires or connives with any person to import or export or is in any way concerned in the importation or exportation of any dutiable goods for the purpose of seizing any vessel, aircraft or conveyance or any goods and obtaining any reward for such seizure or otherwise, the officer or 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, and is to be interdicted from holding office in the public service of the Government. (2) Any person who gives or offers or promises to give or procures to be given any bribe, gratuity, recompense or reward to, or makes any collusive agreement with, any officer of customs or other person duly employed by the Singapore Customs to induce him or her in any way to neglect his or her duty or to do, conceal or connive at any act whereby any of the provisions of any other law relating to imports or to exports may be evaded, shall be guilty as an abettor and so punishable under this Act. (3) Any officer of customs or other person duly employed by the Singapore Customs who is found when on duty to have in his or her possession any moneys in contravention of any written departmental regulations issued is presumed, until the contrary is proved, to have received the moneys in contravention of subsection (1)( b ). (4) If any officer of customs has reasonable suspicion that another officer of customs junior in rank to the firstmentioned officer of customs or any other person duly employed by the Singapore Customs has possession of any money received in contravention of subsection (1)( b ), the firstmentioned officer of customs may search that officer or person.


document_id: ca-1960
provision_ref: s139
chapter: PART 15 - OFFENCES AND PENALTIES
section: 139
title: Penalty for offences not otherwise provided for
content:
139. Every omission or neglect to comply with, and every act done or attempted to be done contrary to, the provisions of this Act, or any breach of the conditions and restrictions subject to, or upon which, any licence or permit is granted under this Act, shall be an offence and in respect of any such offence for which no penalty is expressly provided the offender shall be liable to a fine not exceeding $5,000.


document_id: ca-1960
provision_ref: s140
chapter: PART 15 - OFFENCES AND PENALTIES
section: 140
title: Attempts and abetments
content:
140. Any person who attempts to commit any offence punishable under this Act, or abets the commission of the offence, shall be punished with the punishment provided for the offence.


document_id: ca-1960
provision_ref: s141
chapter: PART 15 - OFFENCES AND PENALTIES
section: 141
title: Offences by bodies of persons and by agents and employees
content:
141. —(1) Where an offence under this Act has been committed by a company, firm, society or other body of persons, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in that capacity shall be deemed to be guilty of that offence unless he or she proves that — ( a ) the offence was committed without his or her consent or connivance; and ( b ) he or she 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) Where any person would be liable under this Act to any punishment, penalty or forfeiture for any act, omission, neglect or default, the person shall be liable to the same punishment, penalty or forfeiture for every such act, omission, neglect or default of any agent or employee, or of the agent’s employee, if the act, omission, neglect or default was committed — ( a ) by the employee in the course of his or her employment; or ( b ) by the agent when acting on behalf of the person or by the agent’s employee when acting in the course of his or her employment in such circumstances that had the act, omission, neglect or default been committed by the agent, the agent’s principal would have been liable under this section.


document_id: ca-1960
provision_ref: s142
chapter: PART 15 - OFFENCES AND PENALTIES
section: 142
title: Action of officers no offence
content:
142. Nothing done by an officer of the Government in the course of his or her duties is deemed to be an offence under this Act.


document_id: ca-1960
provision_ref: s143
chapter: PART 16 - REGULATIONS
section: 143
title: Power to make regulations
content:
143. —(1) The Minister may make regulations for carrying out the purposes and provisions of this Act and, in particular, may make regulation — ( a ) to regulate the powers and duties to be exercised and performed by officers of customs; ( b ) to provide for the ranks, uniforms, insignias or badges of rank, accoutrements and equipment of officers of customs; ( c ) to regulate the conduct of all matters relating to the collection of duties and taxes under this Act; ( d ) to prescribe customs offices and customs stations, either generally or for the separate and exclusive import, export and transhipment of goods by a particular person or class of persons; ( e ) to prescribe customs airports for the import, export and transhipment of dutiable goods by air, either generally or for the separate and exclusive import, export and transhipment by a particular person or class of persons; ( f ) to specify the goods dutiable on import in respect of which drawback may be allowed on re-export as part or ingredient of any goods manufactured in Singapore and to fix the rate of drawback thereon and to prohibit the payment of drawback upon the re-export of any specified goods or description of goods; ( g ) to prescribe the method of importing, exporting or removing any dutiable goods; ( h ) to prescribe the manner in which goods of a class dutiable on import may be transhipped; ( ha ) for the registration of any person making a declaration under this Act; ( hb ) to provide for matters relating to the World Customs Organization SAFE Framework of Standards to Facilitate and Secure Global Trade or any other similar framework by any international body; ( i ) to prescribe the procedure relating to documentation, storage, movement, examination, sealing and security of containers and containerised cargoes; ( j ) to prescribe the manner and method of payment of any duty payable or chargeable under this Act; ( k ) to prescribe the days and times during which any customs office, customs station, Government warehouse, licensed warehouse or bottling warehouse may be open for business; ( l ) to regulate the deposit, custody and withdrawal of goods in and from Government warehouses, licensed warehouses and bottling warehouses and the management and control of the same; ( m ) to prescribe the amount to be paid as warehouse rent on goods deposited in a Government warehouse; ( n ) to prescribe the manner in which intoxicating liquor must be denatured in a Government warehouse or licensed warehouse; ( o ) to regulate the erection, inspection, supervision, management and control of distilleries, breweries or tobacco or other factories and the fittings, implements, machinery and apparatus maintained therein; ( p ) to regulate the hours during which manufacture may or may not take place and during which goods may be removed from a distillery, brewery or tobacco or other factory; ( q ) to regulate the blending, compounding, varying and bottling of intoxicating liquors in bottling warehouses and to fix the fees to be paid for bottling dutiable intoxicating liquor; ( r ) to prescribe the books to be kept by licensees; ( s ) to regulate the grant and transfer of licences; ( sa ) to provide that no compensation may be given in the event of a suspension, withdrawal or surrender of a licence; ( sb ) to prescribe the fees to be paid for any declaration, or any application for or grant of any licence, permit, authorisation, approval or registration, or for any other matter or thing done under this Act by officers of customs, and for any service rendered by officers of customs which is not required to be done under this Act, and to provide for the circumstances in which such fees or any part thereof may be refunded; ( t ) to prescribe the rates of overtime fees to be paid when officers of customs are required to work beyond the ordinary hours prescribed and the conditions under which the overtime is permitted; ( u ) [ Deleted by Act 5 of 2015 ] ( v ) [ Deleted by Act 5 of 2015 ] ( w ) [ Deleted by Act 18 of 2012 ] ( x ) to prescribe the offences which may be compounded and the manner in which, and the officers of customs by whom, they may be compounded; ( y ) to prescribe penalties for any contravention or failure to comply with any of the provisions of the regulations made under this section except that no such penalty shall exceed the penalty prescribed under section 139; and ( z ) to prescribe anything which is to be or may be prescribed under the provisions of this Act. [3/2008; 25/2011; 18/2012; 5/2015] (2) All regulations and orders made under this Act must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: ca-1960
provision_ref: s144
chapter: PART 16 - REGULATIONS
section: 144
title: References in written laws and documents
content:
144. Insofar as is necessary for preserving the effect of any written law or document on or after 1 April 2003 — ( a ) a reference therein to the Director‑General of Customs and Excise is to be read as a reference to the Director‑General of Customs; and ( b ) a reference therein to the Customs and Excise Department is to be read as a reference to the Singapore Customs.


document_id: ca-1967
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Authority” means the Monetary Authority of Singapore established under the Monetary Authority of Singapore Act 1970; “currency” means currency notes and coins which are legal tender in Singapore; “intelligent banknote neutralisation system” or “IBNS” means a security system which is designed to deter unauthorised access to currency notes by mutilating, destroying or permanently damaging the currency notes, such as by the application of a staining or degradation agent to the currency notes or otherwise; “issue” includes reissue. [31/2017; 6/2019]


document_id: ca-1967
provision_ref: s4
chapter: PART 2 - TRANSFER OF FUNCTIONS, PROPERTY, LIABILITIES AND
section: 4
title: Authority to administer Act
content:
4. —(1) The Authority is charged with the general administration of this Act and the exercise of the functions and duties imposed on the Authority by this Act. (2) The Authority may authorise any person to assist it in the exercise of its functions and duties under this Act, either generally or in a particular case.


document_id: ca-1967
provision_ref: s5
chapter: PART 2 - TRANSFER OF FUNCTIONS, PROPERTY, LIABILITIES AND
section: 5
title: Transfer to Authority of property, assets and liabilities
content:
5. —(1) As from 1 October 2002, such movable and immovable property vested in the Board as may be determined by the Minister and all assets, interests, rights, privileges, liabilities and obligations of the Board shall be transferred to and shall vest in the Authority without further assurance, act or deed. (2) If any question arises as to whether any particular property, asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Authority under subsection (1), a certificate under the hand of the Minister 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 to be held by the Authority upon such tenure and subject to such terms and conditions as the President may determine. (4) Every proceedings by or against the Board which are pending on 1 October 2002 may be continued, completed and enforced by or against the Authority. (5) Every agreement relating to any of the transferred properties to which the Board was a party immediately before 1 October 2002, whether or not of such nature that the rights and liabilities thereunder could be assigned, has effect as from that date as if — ( a ) the Authority had been a party to such an agreement; and ( b ) for any reference to the Board there were substituted in respect of anything to be done on or after 1 October 2002 a reference to the Authority. (6) To avoid doubt, it is declared that — ( a ) any reference in this Part to property vested in the Board is a reference to such property of the Board whether situated in Singapore or elsewhere; and ( b ) any such reference to rights and liabilities of the Board is a reference to such rights to which the Board is entitled or (as the case may be) such liabilities to which the Board is subject, whether under the laws of Singapore or any country outside Singapore and includes rights and liabilities arising under loans raised by the Board.


document_id: ca-1967
provision_ref: s6
chapter: PART 2 - TRANSFER OF FUNCTIONS, PROPERTY, LIABILITIES AND
section: 6
title: Transfer of employees
content:
6. —(1) As from 1 October 2002, all persons employed immediately before that date by the Board shall be transferred to the service of the Authority on terms no less favourable than those enjoyed by them immediately prior to their transfer. (2) Until such time as terms and conditions of service are drawn up by the Authority, the scheme and terms and conditions of service in the Board 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 Board.


document_id: ca-1967
provision_ref: s7
chapter: PART 2 - TRANSFER OF FUNCTIONS, PROPERTY, LIABILITIES AND
section: 7
title: Service rights, etc., of transferred employees to be preserved
content:
7. —(1) The terms and conditions to be drawn up by the Authority must take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by the persons transferred to the service of the Authority under section 6 while in the employment of the Board. (2) Any term or condition relating to the length of service with the Authority must provide for the recognition of service under the Board by the persons transferred under section 6 to be service by them under the Authority.


document_id: ca-1967
provision_ref: s8
chapter: PART 2 - TRANSFER OF FUNCTIONS, PROPERTY, LIABILITIES AND
section: 8
title: Existing contracts
content:
8. All deeds, bonds, agreements, instruments and arrangements subsisting immediately before 1 October 2002 to which the Board is a party 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 Board.


document_id: ca-1967
provision_ref: s9
chapter: PART 2 - TRANSFER OF FUNCTIONS, PROPERTY, LIABILITIES AND
section: 9
title: Continuation and completion of disciplinary proceedings
content:
9. —(1) Where on 1 October 2002 any disciplinary proceedings were pending against any employee of the Board transferred to the service of the Authority under section 6, the proceedings must be carried on and completed by the Authority. (2) Where on 1 October 2002 any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order, ruling or direction had been made on the matter, the committee must — ( a ) complete the hearing or investigation; and ( b ) make such order, ruling or direction as it could have made under the authority vested in it before that date. (3) Any order, ruling or direction made by a committee under this section is to be treated as an order, a ruling or a direction of the 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.


document_id: ca-1967
provision_ref: s10
chapter: PART 2 - TRANSFER OF FUNCTIONS, PROPERTY, LIABILITIES AND
section: 10
title: Misconduct or neglect of duty by employee before transfer
content:
10. The Authority may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, while the person was in the employment of the Board, been guilty of any misconduct or neglect of duty which would have rendered the person liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if the person had continued to be in the employment of the Board and if this Act had not been enacted.


document_id: ca-1967
provision_ref: s11
chapter: PART 3 - CURRENCY
section: 11
title: Currency of Singapore
content:
11. —(1) The unit of currency of Singapore is the Singapore dollar, which is divided into 100 cents. (2) The abbreviated form of the Singapore dollar is “S$” or “SGD”.


document_id: ca-1967
provision_ref: s12
chapter: PART 3 - CURRENCY
section: 12
title: Use of Singapore dollar
content:
12. All monetary obligations or transactions in Singapore are deemed to be expressed and recorded, and must be settled in the Singapore dollar unless otherwise provided for by law or validly agreed upon between the parties.


document_id: ca-1967
provision_ref: s13
chapter: PART 3 - CURRENCY
section: 13
title: Authority to have sole right to issue currency; legal tender
content:
13. —(1) The Authority has the sole right to issue currency notes and coins in Singapore and only such notes and coins issued by the Authority are legal tender in Singapore. (2) Currency notes issued by the Authority, if the notes have not been illegally dealt with, are legal tender up to their face value for the payment of any amount. (3) Coins of a denomination issued by the Authority, if the coins have not been illegally dealt with, are legal tender up to their face value for the payment of an amount not exceeding 20 times the face value of a coin of that denomination. [6/2019] (4) Where a payee has given written notice to the payer that the payee would not accept as payment all or any of the denominations of currency notes or coins in satisfaction of a debt, subsection (2) or (3) (as the case may be) does not apply to the payment of the debt to the extent specified in the notice. (5) Where no written notice under subsection (4) has been given by the payee, payment by the payer in accordance with subsection (2) or (3) (as the case may be) in satisfaction of a debt, is deemed to have satisfied that debt. (6) For the purposes of this Act — ( a ) a coin is deemed to have been illegally dealt with where the coin has been impaired, diminished, or lightened otherwise than by fair wear and tear, or has been defaced by having any name, word, device or number stamped or engraved on the coin, whether the coin has or has not been diminished or lightened by such defacement; and ( b ) a currency note is deemed to have been illegally dealt with where the note has been impaired, diminished or affected otherwise than by fair wear and tear, or has been defaced by writing or impressing on any note any mark, word, letter or figure or by perforation, cutting, splitting or in any other manner, whether the note has or has not been impaired or diminished by such defacement. (7) For the purposes of this Act, a currency note is also deemed to have been illegally dealt with if the currency note has been mutilated, destroyed or permanently damaged (whether by the application of a staining or degradation agent to the currency notes or otherwise) as a result of the activation of an IBNS. [6/2019] (8) In any criminal proceedings in which the genuineness of any currency note or coin may be in question, a certificate signed by an officer of the Authority authorised for that purpose that the officer is satisfied by personal examination that such note or coin is or is not forged shall be held to be conclusive evidence of the same. (9) An officer of the Authority must not be cross‑examined with regard to the contents of such certificate unless the court otherwise orders.


document_id: ca-1967
provision_ref: s14
chapter: PART 3 - CURRENCY
section: 14
title: Bills and notes payable to bearer on demand
content:
14. —(1) No person, except with the permission of the Authority, may — ( a ) draw, accept, make or issue any bill of exchange, promissory note or engagement for the payment of money payable to bearer on demand; or ( b ) borrow, owe or take up any sum or sums of money on bills or notes payable to bearer on demand. (2) Cheques or drafts payable to bearer on demand may be drawn on bankers or agents by their customers or constituents in respect of moneys in the hands of these bankers or agents held by them at the disposal of the persons drawing such cheques or drafts. (3) A person who contravenes this section shall, despite anything to the contrary in the Criminal Procedure Code 2010, be liable on conviction by a Magistrate’s Court to a fine equal to the amount of the bill, note or engagement in respect of which the offence is committed even if the amount of such fine may be in excess of the original jurisdiction of such Court.


document_id: ca-1967
provision_ref: s15
chapter: PART 3 - CURRENCY
section: 15
title: Exchange of currency notes and coins
content:
15. —(1) The Authority is to arrange for the reissue and exchange of currency notes and coins subject to such conditions as may be prescribed. (2) Where the Authority transfers its functions in relation to the reissue and exchange of currency notes and coins to another body, that body may charge for its services in respect thereof. (3) The Authority may charge any person or class of persons such fee as may be prescribed for the reissue and exchange of currency notes or coins with the Authority under this section. 16. [ Repealed by Act 31 of 2017 ]


document_id: ca-1967
provision_ref: s17
chapter: PART 3 - CURRENCY
section: 17
title: Form and design of currency notes and coins
content:
17. —(1) Currency notes issued by the Authority must be of such denomination and of such form and design and printed from such plates and on such material as the Authority may, from time to time, decide. (2) The dies, plates and other instruments or materials used for the printing of notes and the currency notes printed must be prepared and kept, issued and destroyed in accordance with any direction of the Authority. (3) Coins issued by the Authority must be of such denominations and of such weight, form and design, and made of such materials as the Authority may, from time to time, decide. (4) The dies and other instruments or materials used for the minting of coins and the currency coins minted must be prepared and kept, issued and destroyed in accordance with any direction of the Authority. (5) The Authority must publish in the Gazette the denominations and other characteristics of currency notes and coins issued by it.


document_id: ca-1967
provision_ref: s18
chapter: PART 3 - CURRENCY
section: 18
title: Demonetisation of currency notes and coins
content:
18. —(1) The Authority may, by notification in the Gazette , withdraw any particular issue or denomination of currency notes and coins issued by the Authority which upon such withdrawal cease to be legal tender. (2) Any such notification must give holders of the currency notes and coins to be withdrawn a reasonable period, in any event at least 6 months, within which such notes or coins may be exchanged at their face value for other legal tender issued by the Authority.


document_id: ca-1967
provision_ref: s19
chapter: PART 3 - CURRENCY
section: 19
title: Mutilated currency notes and coins
content:
19. —(1) A person is not entitled to recover from the Authority the value of any mutilated currency note or coin or any note or coin which has been illegally dealt with. (2) The circumstances in which, and the conditions and limitations subject to which the value of mutilated currency notes or coins, or notes or coins which have been illegally dealt with, may be refunded as an act of grace are in the absolute discretion of the Authority. (3) Mutilated currency notes or coins, or currency notes or coins that have been illegally dealt with, must be repossessed by any officer of the Authority or other person authorised by the Authority when tendered to the Authority or such person, as the case may be.


document_id: ca-1967
provision_ref: s20
chapter: PART 3 - CURRENCY
section: 20
title:
Restriction on use of photographs, drawing or design of currency notes and coins in advertisements, etc.

content:
20. —(1) Except with the permission of the Authority, a person must not — ( a ) in any size, scale or colour, use any photograph of or any drawing or design resembling any currency note or coin or part thereof, in any advertisement; or ( b ) import, manufacture, sell, circulate or otherwise distribute any merchandise or product containing such a photograph, drawing or design in any size, scale or colour. (2) Except with the permission of the Authority, a person must not import, manufacture, sell, circulate or otherwise distribute any merchandise or product containing any design or part thereof used in or on any currency note or coin. (3) The Authority may, in granting any permission under subsection (1) or (2), impose such conditions as it thinks fit. (4) A person must not make or issue a piece of gold, silver, copper, nickel, bronze or of any other material whether metal or otherwise, of any value, resembling or similar to any coin issued under this Act or any other written law relating to the issue of currency which was in force at any time before 30 April 1982. (5) A person who contravenes this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: ca-1967
provision_ref: s21
chapter: PART 3 - CURRENCY
section: 21
title: Dissolution of Currency Fund
content:
21. The Currency Fund established under section 21 in force immediately before 15 August 2017 is dissolved on the date of the completion of the transfer of all of its assets and liabilities to the accounts holding the Authority’s assets and liabilities, as set out in the notification mentioned in section 6A(2) of the Monetary Authority of Singapore Act 1970. [31/2017]


document_id: ca-1967
provision_ref: s22
chapter: PART 3 - CURRENCY
section: 22
title: Authority’s assets must not be less than currency in circulation
content:
22. —(1) The gross assets of the Authority must at all times be not less than 100% of the face value of the Authority’s currency in circulation. [31/2017] (2) If, at any time, the face value of the Authority’s currency in circulation exceeds the gross assets of the Authority, the amount of the deficiency is to be charged on and paid out of the Consolidated Fund. [31/2017]


document_id: ca-1967
provision_ref: s23
chapter: PART 4 - MISCELLANEOUS
section: 23
title: Mutilating, destroying or defacing currency notes and coins
content:
23. —(1) Subject to subsections (2) and (3), any person who — ( a ) mutilates or destroys any currency note or coin; ( b ) causes any change in a coin so as to destroy or diminish its value or utility; ( c ) prints or stamps, or by any similar means writes, or impresses, on any currency note any mark, word, letter or figure; or ( d ) defaces any coin by stamping thereon any name or word, whether the coin is or is not thereby impaired, diminished or lightened, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [6/2019] (2) To avoid doubt, a licensed security service provider who sells any IBNS or who employs an IBNS in carrying out cash‑in‑transit services is not, by reason only of such sale or employment, liable to be convicted of an offence under — ( a ) subsection (1)( a ) for any mutilation or destruction of a currency note; or ( b ) subsection (1)( c ) for any printing or stamping, or by any similar means any writing or impressing, of any mark, word, letter or figure on a currency note, that is caused by the activation of the IBNS. [6/2019] (3) An applicant for a security service provider’s licence to sell any IBNS, or to employ an IBNS in carrying out cash‑in‑transit services, is not liable to be convicted of an offence under — ( a ) subsection (1)( a ) for any mutilation or destruction of a currency note; or ( b ) subsection (1)( c ) for any printing or stamping, or by any similar means any writing or impressing, of any mark, word, letter or figure on a currency note, that is caused by the activation of the IBNS in any trial or demonstration of the applicant’s IBNS that is required by a licensing officer for the purpose of deciding the application. [6/2019] (4) This section is not to be construed as limiting or affecting the provisions of the Penal Code 1871. (5) In this section — “licensed security service provider” means a holder of a security service provider’s licence under the Private Security Industry Act 2007 — ( a ) to sell any IBNS; or ( b ) to employ an IBNS in carrying out cash‑in‑transit services; “licensing officer” means a licensing officer as defined in section 2 of the Private Security Industry Act 2007; “security service provider’s licence” means a security service provider’s licence granted under the Private Security Industry Act 2007. [6/2019]


document_id: ca-1967
provision_ref: s24
chapter: PART 4 - MISCELLANEOUS
section: 24
title: Counterfeit currency notes and coins to be forfeited
content:
24. An officer of the Authority is empowered to seize any currency note or coin tendered to the Authority, which the officer believes on reasonable grounds to be counterfeit and, upon such seizure, that note or coin is forfeited to the Authority.


document_id: ca-1967
provision_ref: s25
chapter: PART 4 - MISCELLANEOUS
section: 25
title: Power of arrest
content:
25. Any police officer may arrest without warrant any person — ( a ) offending in the police officer’s view against section 14, 20 or 23; or ( b ) against whom a reasonable complaint has been made or creditable information has been received or a reasonable suspicion exists of the person having contravened section 14, 20 or 23.


document_id: ca-1967
provision_ref: s26
chapter: PART 4 - MISCELLANEOUS
section: 26
title: Consent of Public Prosecutor
content:
26. No prosecution for any offence under this Act may be instituted without the consent of the Public Prosecutor. [15/2010] 27. [ Repealed by Act 24 of 2003 ]


document_id: ca-1967
provision_ref: s28
chapter: PART 4 - MISCELLANEOUS
section: 28
title: Regulations
content:
28. The Authority may make such regulations as may be required from time to time for carrying into effect the provisions of this Act or prescribing anything that may be prescribed.


document_id: ca-1967
provision_ref: s29
chapter: PART 4 - MISCELLANEOUS
section: 29
title: Saving and transitional provisions
content:
29. —(1) On 1 October 2002 — ( a ) the Board of Commissioners of Currency, Singapore (called in this section the Board) shall be dissolved; ( b ) currency notes and coins issued by the Board before 1 October 2002 shall for all purposes be deemed to have been issued by the Authority; ( c ) the reserves accumulated by the Board before the current term of office of the Government shall be added to the reserves accumulated by the Authority before such term; and ( d ) all assets and moneys of the Currency Reserve Fund shall be transferred to the Currency Fund. (2) Any decision made by the Board under this Act before 1 October 2002 is deemed to be a decision made by the Authority. (3) Any permission, consent, approval or authorisation granted by the Board under this Act before 1 October 2002 is, so far as it is not inconsistent with the provisions of this Act, deemed to be a permission, consent, approval or authorisation granted by the Authority. (4) Any certificate, notice, order, direction or declaration issued or made by the Board or an officer of the Board under this Act before 1 October 2002 is deemed to be a certificate, notice, order, direction or declaration issued or made by the Authority or an officer of the Authority. (5) Where in any document any reference is made to the Board of Commissioners of Currency, Singapore, such reference is, as from 1 October 2002, to be read as the Monetary Authority of Singapore.


document_id: ca-1973
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “census officer” means any person appointed under section 4, 5 or 6; “competent authority” means any public officer or any statutory body established by or under any written law or any officer of the statutory body, being under any obligation imposed by any written law to observe secrecy in respect of any particulars or information obtained by the public officer or the statutory body or officer of the statutory body in the administration of that written law; “dwelling house” means a building, erection or tenement, whether permanent or temporary, which is wholly or partly used for the purpose of human habitation and includes any ship or vessel in Singapore; “schedule” means a schedule in the prescribed form in which are, or are to be, entered the prescribed particulars required for the purposes of a census; “Superintendent” means the Superintendent of Census appointed under section 4.


document_id: ca-1973
provision_ref: s3
section: 3
title: Power to direct census to be taken
content:
3. The Minister may, by notification in the Gazette , direct that a census be taken throughout Singapore or of any specified area of Singapore of the population, housing, agriculture, animal husbandry, fisheries, trade, labour, industry, building and construction, commerce, education, health and family planning, transportation or any other matters that the Minister may consider necessary or desirable and may by the same or a different notification prescribe — ( a ) the date on which the census is to be taken; and ( b ) the particulars to be obtained for the purposes of the census.


document_id: ca-1973
provision_ref: s4
section: 4
title: Appointment of Superintendent of Census
content:
4. —(1) The Minister may appoint a Superintendent of Census to supervise the taking of any census directed to be taken under the provisions of this Act. (2) The Superintendent, in the exercise of his or her powers and in the performance of his or her duties under this Act or any rules made under this Act, is subject to the control of, and must comply with any directions given by, the Minister.


document_id: ca-1973
provision_ref: s5
section: 5
title: Appointment of Deputy Superintendents and Assistant Superintendents of Census
content:
5. The Minister may appoint for specified areas such Deputy Superintendents and Assistant Superintendents of Census, and assign any functions to them that the Minister considers necessary for the purpose of any census directed to be taken under the provisions of this Act.


document_id: ca-1973
provision_ref: s6
section: 6
title: Appointment of supervisors and enumerators
content:
6. The Superintendent may, by writing under the hand of the Superintendent, appoint such supervisors, enumerators and other census officers as the Superintendent considers necessary to supervise or take or aid in the taking of a census within any specified area, and may at any time revoke those appointments.


document_id: ca-1973
provision_ref: s7
section: 7
title: Census officers
content:
7. —(1) Every census officer is deemed to be a public servant within the meaning of the Penal Code 1871. (2) Every census officer appointed under section 6 must carry with him or her at all times when on duty the letter of appointment furnished to him or her under that section and must produce the letter for inspection by any person who may in good faith question his or her authority as a census officer.


document_id: ca-1973
provision_ref: s8
section: 8
title: Occupier to allow access and permit affixing of numbers
content:
8. Every person occupying any dwelling house or other premises must allow any census officer such access to the dwelling house or other premises as may be necessary for the purposes of a census, and must allow the census officer to paint, mark or affix on or to the dwelling house or other premises any letters, marks or numbers that the Superintendent considers necessary for the purposes of the census and to make any alterations to those letters, marks or numbers.


document_id: ca-1973
provision_ref: s9
section: 9
title: Questions by census officers
content:
9. A census officer may ask any person within the limits of the area for which the census officer is appointed such questions as may be necessary to obtain the information required for the purposes of the census.


document_id: ca-1973
provision_ref: s10
section: 10
title: Delivery and filling in of schedule
content:
10. —(1) A census officer may leave at any dwelling house or other premises within the area for which the census officer is appointed a schedule to be filled in by the occupier of the dwelling house or other premises or of any specified part of the dwelling house or other premises. (2) The occupier must, within the time mentioned therein, fill in the schedule, or cause it to be filled in, in the manner prescribed and must thereafter deliver the schedule to an enumerator or a supervisor appointed for the area in which the dwelling house or other premises is situated or to any other person as the Superintendent may direct. (3) If the occupier is unable either to fill in the schedule or cause it to be filled in, in the manner prescribed, the occupier must preserve it in the condition he or she received it and must deliver it to the enumerator, supervisor or other person (as the case may be) who must, after exercising the powers conferred upon him or her by section 9, fill in the schedule in the manner prescribed. (4) At any time before or within one year (or such longer period as may be prescribed) after the date prescribed for the taking of a census, if directed by the Superintendent to do so, any census officer may visit any dwelling house or other premises within the area for which the census officer is appointed, for the purpose of checking any information obtained or of obtaining further information for the purposes of the census, and may, if satisfied that a schedule is incorrect in any material particular, make any necessary correction on the schedule.


document_id: ca-1973
provision_ref: s11
section: 11
title: Enumeration of persons in public institutions, hotels, etc.
content:
11. —(1) The Superintendent may deliver or cause to be delivered to the following persons a schedule to be filled in in respect of the persons who at the time of the taking of a census are in or upon those premises: ( a ) every person in charge of a hospital, workhouse, prison, police station, reformatory or lock-up, or of any public, charitable, religious or educational institution; ( b ) every keeper, secretary or manager of a hotel, boarding house, lodging house or club. (2) The person to whom the schedule is delivered must — ( a ) fill in the schedule or cause it to be filled in, to the best of his or her knowledge and belief, so far as regards the inmates of the hospital, workhouse, prison, police station, reformatory, lock-up, or public, charitable, religious or educational institution or the hotel, boarding house, lodging house or club within the time mentioned in the schedule, and must sign his or her name to the schedule; and ( b ) when so required, deliver the schedule so filled in and signed to an enumerator or a supervisor appointed for the area within which the building is situated or to any other person that the Superintendent may direct.


document_id: ca-1973
provision_ref: s12
section: 12
title: Enumeration of naval, military and air forces, travellers, etc.
content:
12. The Superintendent must obtain, by such ways and means as appear to the Superintendent best adapted for the purposes, the information required by this Act or the rules made under this Act with respect to — ( a ) any naval, military or air forces; and ( b ) all persons who during the time appointed for the taking of the census were not living in any house, of which account is to be taken by the census officers as provided by this Act, and must include that information in the abstracts to be made by the Superintendent under this Act.


document_id: ca-1973
provision_ref: s13
section: 13
title: Request for information from competent authorities
content:
13. —(1) The Superintendent may, for the purposes of a census, in writing direct any competent authority specified in the first column of the First Schedule to furnish or supply to him any particulars or information obtained by the competent authority under the written law specified in the second column of the First Schedule and, despite the provisions of any written law, the competent authority must furnish and supply those particulars and information within the time that may be agreed to by the Superintendent and the competent authority. (2) Despite the provisions of this Act or any other written law, no person shall be guilty of an offence under this Act or that other written law or of any breach of confidence by virtue merely of the person disclosing any particulars or information to the Superintendent pursuant to any direction under subsection (1). (3) Subsection (1) does not apply to any particulars or information obtained under any written law relating to taxation or administered by the Monetary Authority of Singapore.


document_id: ca-1973
provision_ref: s14
section: 14
title: Certain employers may be required to be enumerators
content:
14. —(1) Upon receipt of a written requisition in the prescribed form signed by the Superintendent, every employer of — ( a ) employees who reside in any factory or workshop; or ( b ) any other class or description of employees that the Minister may by notification in the Gazette specify, is bound to act as an enumerator in respect of all those employees. (2) An employer mentioned in subsection (1) must cause to be filled in in respect of the employees any schedule delivered to the employer for the purpose, and must deliver the schedule filled in to the best of the employer’s knowledge and belief to the supervisor appointed for the area within which the premises are situated, or to any other person that the Superintendent may direct.


document_id: ca-1973
provision_ref: s15
section: 15
title: Government employees to assist in taking census
content:
15. All Government employees are bound to assist the work of taking the census when so required by the Superintendent.


document_id: ca-1973
provision_ref: s16
section: 16
title: Schedules and returns to be delivered by enumerator to supervisor and forwarded to Superintendent
content:
16. —(1) Every enumerator must deliver to the supervisor of the area for which the enumerator is appointed all schedules and all such returns as may be required by the Superintendent on the day or days to be appointed for that purpose by the Deputy or Assistant Superintendent for the district or area. (2) It is the duty of the supervisor to verify the schedules and returns delivered by the enumerator under subsection (1) and to transmit them forthwith to the Deputy or Assistant Superintendent who, upon receipt of the schedules and returns, must immediately forward them to the Superintendent.


document_id: ca-1973
provision_ref: s17
section: 17
title: Release of census information
content:
17. —(1) The Superintendent must, upon receipt of the schedules and returns forwarded under this Act, cause reports to be made of them, and those reports must be printed and published for general information. (2) Prior to and after the publication of the reports mentioned in subsection (1), abstracts and special tabulations may be released for general information. (3) In any report or abstract prepared under subsection (1) or (2), the information compiled in the report or abstract must be so arranged as to prevent any particulars contained in the report or abstract from being identified as being particulars relating to any individual person, except with the previous consent in writing of that person. (4) Any particulars or information or part thereof relating to any individual person obtained under the provisions of this Act must not, without the previous consent in writing of that person, be disclosed except — ( a ) compiled statistics on the operation of an industry may be published irrespective of the number of persons engaged in that industry unless the industry is exempted by the Minister responsible for the Government department or ministry in possession of those particulars from having its data published; ( b ) where the disclosure can be made without identifying the individual person and, in the opinion of the Minister responsible for the Government department or ministry in possession of such particulars, an appropriate time has elapsed; ( c ) for the purposes of any proceedings for an offence under this Act or any report of those proceedings; or ( d ) information of a general nature which could be obtained from other sources. (5) It is the duty of the Minister responsible for the Government department or ministry in possession of such particulars to have due regard to the circumstances of various trades and industries and, in particular, to the importance of avoiding the disclosure in any return of any trade secret or of trading profit, or of any other information the disclosure of which would be likely to tend to the prejudice of the person furnishing the return.


document_id: ca-1973
provision_ref: s18
section: 18
title: Disclosure of census information
content:
18. —(1) Despite section 17, the Superintendent or any census officer authorised by the Superintendent in writing may, on the written request of a responsible officer of any public authority specified in the Second Schedule, disclose on a confidential basis any particulars or information relating to any individual person obtained under the provisions of this Act to the public authority if — ( a ) those particulars or information could also have been obtained by the public authority under any other written law; and ( b ) in any case where the particulars or information have been obtained from a competent authority under section 13, that competent authority consents in writing to the disclosure. (2) The Superintendent or any census officer authorised by the Superintendent in writing is not guilty of any offence under any written law or of any breach of confidence by virtue merely of the Superintendent or the census officer (as the case may be) disclosing any particulars or information in accordance with this section. (3) A person employed in or by a public authority to which any particulars or information have been disclosed under subsection (1) must not use any such particulars or information for the purpose of enforcing any obligation or liability applicable under any written law. (4) Any person employed in or by a public authority to which any particulars or information have been disclosed under subsection (1) who without the written approval of the Superintendent, or in breach of any condition of such approval, discloses any such particulars or information shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one month or to both. (5) In this section — “public authority” includes a Government department or ministry; “responsible officer”, in relation to a public authority, means an officer designated by the Minister by notification in the Gazette as a responsible officer of the public authority for the purposes of this section.


document_id: ca-1973
provision_ref: s19
section: 19
title: Offences by census officers
content:
19. Any census officer or any person employed by the Superintendent in the preparation of reports and abstracts who — ( a ) without sufficient cause, refuses or neglects to comply with any instructions or requisitions addressed to him or her by the Superintendent, or fails to use reasonable diligence in performing any duty imposed on him or her; ( b ) wilfully asks an offensive or improper question; ( c ) knowingly makes any false return; ( d ) asks, receives or takes from any person other than an authorised officer of Government any payment or reward; or ( e ) without lawful authority publishes or communicates to any person any information acquired by him or her in the course of duty or employment, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one month or to both.


document_id: ca-1973
provision_ref: s20
section: 20
title: General offences
content:
20. Any person who — ( a ) refuses to answer, to the best of his or her knowledge and belief, any question asked of the person by a census officer which is necessary to obtain any information required for the purposes of a census; ( b ) knowingly makes or causes to be made, in any form or document to be filled in for the purpose of this Act or in answer to any question asked under the authority of this Act, any statement which is untrue in any material particular; ( c ) hinders or obstructs a census officer in the performance of the census officer’s duties; ( d ) removes, obliterates, alters or destroys before the expiry of 6 months from the time of taking the census, any letters, marks or numbers which have been painted, marked or affixed for the purposes of the census; ( e ) refuses or neglects to comply with any of the provisions of this Act or any rules made under this Act; or ( f ) having possession of any information which to his or her knowledge has been disclosed in contravention of the provisions of this Act, publishes or communicates that information to any other person, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one month or to both.


document_id: ca-1973
provision_ref: s21
section: 21
title: Impersonation of census officer
content:
21. Any person who impersonates a census officer shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 6 months.


document_id: ca-1973
provision_ref: s23
section: 23
title: Census records not admissible in evidence
content:
23. No entry in any book, register or record made by a census officer or by any other person in the discharge of his or her duty under this Act is admissible as evidence in any civil or criminal proceedings, except in a prosecution instituted under this Act in respect of any entry against the person who made the entry or caused it to be made.


document_id: ca-1973
provision_ref: s24
section: 24
title: Rules
content:
24. The Minister may make rules — ( a ) to prescribe the duties of census officers; ( b ) to prescribe the persons from whom, and the mode in which, information is to be obtained for the purposes of a census; ( c ) to prescribe the forms of schedules and other documents to be used for the purposes of this Act and any matter or thing which by this Act may or is required to be prescribed; and ( d ) generally to give effect to the provisions and purposes of this Act.


document_id: ca-1973
provision_ref: s25
section: 25
title: Amendment of Schedules
content:
25. —(1) Subject to subsection (2), the Minister may by notification in the Gazette amend the First or Second Schedule. (2) The Minister must not insert or delete and substitute any written law in the First Schedule without the approval of the Minister responsible for the competent authority administering that written law.


document_id: ca-1973
provision_ref: s26
section: 26
title: Transitional provision
content:
26. All information collected under the repealed Census Act (Cap. 297, 1970 Revised Edition) is subject to the same safeguards relating to disclosure as are provided by this Act as if that information were collected under this Act.


document_id: ca-1994
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “charitable company” means a charity which is a company or other body corporate; “charitable purposes” means purposes which are exclusively charitable according to the law of Singapore; “charity” means any institution, corporate or not, which is established for charitable purposes and is subject to the control of the General Division of the High Court in exercise of the jurisdiction of the General Division of the High Court with respect to charities; “Commissioner” means the Commissioner of Charities appointed under section 3; “company” means a company incorporated or registered under any law in force in Singapore or elsewhere; “Council” means the Charity Council established under section 5; “document” includes information recorded in any form, and, in relation to information recorded otherwise than in legible form — ( a ) any reference to its production is to be construed as a reference to the furnishing of a copy of it in legible form; and ( b ) any reference to the furnishing of a copy of, or extract from, it is to be accordingly construed as a reference to the furnishing of a copy of, or extract from, it in legible form; “electronic record” has the meaning given by the Electronic Transactions Act 2010; “exempt charity” means a charity specified in the Schedule; “financial year” — ( a ) in relation to a charity which is a company, is to be construed in accordance with the Companies Act 1967; and ( b ) in relation to any other charity, is to be construed in accordance with regulations made under section 12(1); “governing board members” means members of the governing body of a charity or trustees for a charity having the general control and management of the administration of the charity; “governing instruments”, in relation to a charity, means the provisions establishing it as a charity and regulating its purposes and administration, whether or not those provisions take effect by way of trust or are set out in any document, and in relation to other institutions has a corresponding meaning; “gross income”, in relation to a charity, means its gross recorded receipts from all sources; “institution” includes any trust or undertaking; “key officer”, in relation to — ( a ) a charity; ( b ) a person that is a governing board member of a charity; or ( c ) a person that is a member of a charity, means an individual who, whether or not an employee of the charity or person (as the case may be) and by whatever name called, and whether acting alone or together with any other person — ( d ) has general control and management of all or any aspect (including the financial aspect) of the administration of the charity or person; or ( e ) provides advice to the charity or person on the control and management mentioned in paragraph ( d ), other than as a professional engaged or retained pursuant to a contract for service to provide such advice in that professional capacity; “public accountant” means a person who is registered or deemed to be registered under the Accountants Act 2004 as a public accountant; “public authority” means — ( a ) an Organ of State or a public officer of the Organ of State; ( b ) a ministry or department of the Government or a public officer of the ministry or department; or ( c ) a public authority established by or under any public Act for a public purpose or an officer or an employee of the public authority; “trustee” has the meaning given by the Trustees Act 1967. [34/2010; 2/2018; 40/2019] (2) References in this Act to a charity whose income from all sources does not in aggregate amount to more than a specified amount are to be construed — ( a ) by reference to the gross receipts of the charity; or ( b ) if the Commissioner so determines, by reference to the amount which he or she estimates to be the likely amount of those receipts, but without (in either case) bringing into account anything for the annual value of land occupied by the charity apart from the pecuniary income (if any) received from that land; and any question as to the application of any such reference to a charity is to be determined by the Commissioner, whose decision is final. (3) The Commissioner may direct that, for all or any of the purposes of this Act, an institution established for any special purposes of or in connection with a charity (being charitable purposes) is to be treated as forming part of that charity or as forming a distinct charity. (4) In this Act, a person’s conviction is treated as spent — ( a ) if the criminal record under the Registration of Criminals Act 1949 of the person’s conviction becomes spent under Part 2A of that Act; ( b ) if the person has received a free pardon for the offence; or ( c ) in the case of a conviction by a court of a country or territory outside Singapore, if circumstances in that country or territory similar to paragraph ( a ) or ( b ) occur. [2/2018]


document_id: ca-1994
provision_ref: s3
chapter: PART 2 - COMMISSIONER OF CHARITIES
section: 3
title: Appointment of Commissioner of Charities and other officers
content:
3. —(1) The Minister may appoint — ( a ) an officer called the Commissioner of Charities who has the functions conferred on him or her by this Act; and ( b ) a Deputy Commissioner and such Assistant Commissioners of Charities or such other officers as the Minister may think necessary to assist the Commissioner in the proper discharge of the Commissioner’s functions. (2) The Deputy Commissioner of Charities has and may exercise all the powers, duties and functions of the Commissioner except those which are exercisable under sections 22, 23, 24, 26, 27 and 31. (3) An Assistant Commissioner of Charities has and may exercise all the powers, duties and functions of the Commissioner as may be delegated to him or her by the Commissioner in writing, except those which are exercisable under sections 22, 23, 24, 26, 27 and 31.


document_id: ca-1994
provision_ref: s4
chapter: PART 2 - COMMISSIONER OF CHARITIES
section: 4
title: Objectives and general functions of Commissioner
content:
4. —(1) The objectives of the Commissioner are — ( a ) to maintain public trust and confidence in charities; ( b ) to promote compliance by governing board members and key officers with their legal obligations in exercising control and management of the administration of their charities; ( c ) to promote the effective use of charitable resources; and ( d ) to enhance the accountability of charities to donors, beneficiaries and the general public. [34/2010] (2) The general functions of the Commissioner are — ( a ) to determine whether institutions are or are not charities; ( b ) to encourage and facilitate the better administration of charities; ( c ) to identify and investigate apparent misconduct or mismanagement in the administration of charities; ( d ) to take remedial or protective action in connection with misconduct or mismanagement in the administration of charities; ( e ) to obtain, evaluate and disseminate information in connection with the performance of any of the Commissioner’s functions or meeting any of the Commissioner’s objectives; ( f ) to give information or advice, or make proposals, to the Minister on matters relating to any of the Commissioner’s functions or meeting any of the Commissioner’s objectives; and ( g ) to perform any other functions that the Minister may determine. (3) The Commissioner must, as soon as possible after the end of every year, submit to the Minister a report on the Commissioner's operations during that year, and the Minister must present a copy of the report to Parliament.


document_id: ca-1994
provision_ref: s5
chapter: PART 3 - CHARITY COUNCIL
section: 5
title: Charity Council
content:
5. —(1) There is established a Charity Council consisting of a Chairperson and such other members as the Minister may appoint. (2) The Chairperson and other members of the Council are appointed for the duration and on the terms and conditions that the Minister may determine. [4A


document_id: ca-1994
provision_ref: s6
chapter: PART 3 - CHARITY COUNCIL
section: 6
title: Functions of Council
content:
6. —(1) The functions of the Council are — ( a ) to advise the Commissioner on any question which he or she may refer to it in connection with the administration of this Act, and the objectives and functions of the Commissioner under this Act; ( b ) to make any recommendations to the Commissioner as it thinks fit in relation to the regulation of charities; and ( c ) to promote self-regulation and good governance standards in the charity sector. (2) The Council may perform any other functions that the Minister may determine. (3) The Council may regulate its own procedure. [4B


document_id: ca-1994
provision_ref: s7
chapter: PART 4 - REGISTRATION OF CHARITIES AND PROVISIONS FOR INQUIRING INTO CHARITIES
section: 7
title: Registration of charities
content:
7. —(1) The Commissioner must continue to keep a register of charities in which must be entered the particulars that he or she may determine of any charity registered therein. (2) There must be entered in the register every charity not excepted by subsection (6); and a charity so excepted — ( a ) may be entered in the register at the request of the charity; but ( b ) whether or not it was excepted at the time of registration, may at any time, and must at the request of the charity, be removed from the register. (3) Any institution which no longer appears to the Commissioner to be a charity must be removed from the register with effect, where the removal is due to any change in its purposes or governing instruments, from the date of that change; and there must also be removed from the register any charity which ceases to exist or does not operate. [34/2010] (4) The Commissioner must refuse to register an institution as a charity — ( a ) if it appears to the Commissioner that the registration of the institution will be contrary to the public interest; or ( b ) on any other ground that the Minister may prescribe. (5) The Commissioner must remove an institution from the register of charities — ( a ) if it appears to the Commissioner that the continued registration of the institution as a charity is contrary to the public interest; or ( b ) on any other ground that the Minister may prescribe. (6) The following charities are not required to be registered: ( a ) any charity specified in the Schedule; and ( b ) any charity which is excepted by regulations made under this Act. (7) Any application to the Commissioner for a charity to be registered must be accompanied with copies of its governing instruments (or, if any provisions of the governing instruments are not set out in any document, particulars of them) and any other documents or information that the Commissioner may require for the purpose of the application. [34/2010] (8) It is the duty of — ( a ) the governing board members of any charity which is not registered nor excepted from registration to apply for it to be registered, and to supply the documents and information required by subsection (7), within 3 months after its establishment or such longer period as the Commissioner may allow; and ( b ) the governing board members (or last governing board members) of any institution which is for the time being registered to notify the Commissioner if it ceases to exist, or if there is any change in its governing instruments, or in its particulars entered in the register, and to furnish the Commissioner with particulars of any such change and copies of any new governing instruments or alterations of the governing instruments, within 7 days after such cessation or change or such longer period as the Commissioner may allow, and any person who makes default in carrying out any of the duties imposed by this subsection shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction, and the Commissioner may by order require that person to make good that default. [34/2010; 2/2018] (9) Where the governing instrument of a registered charity requires the prior approval of the Commissioner for any amendment to the governing instrument and the Commissioner has delegated his or her power to grant such approval to a Sector Administrator under section 42(1)( e ), that requirement is deemed to apply as if it required the prior approval of the Sector Administrator (instead of the Commissioner) for the amendment of the governing instrument. [34/2010] (10) The register (including entries cancelled when institutions are removed from the register) must be open to public inspection at all reasonable times, except insofar as regulations otherwise provide. (11) The register of charities may be prepared and kept in such manner as the Commissioner thinks fit, including in electronic form in a computer. (12) Where any information contained in the register is not in documentary form, subsection (10) is to be construed as requiring the information to be available for public inspection in legible form at all reasonable times. [5


document_id: ca-1994
provision_ref: s8
chapter: PART 4 - REGISTRATION OF CHARITIES AND PROVISIONS FOR INQUIRING INTO CHARITIES
section: 8
title: Effect of, and claims and objections to, registration
content:
8. —(1) An institution is, for all purposes other than rectification of the register, conclusively presumed to be or have been a charity at any time when it is or was on the register of charities. (2) Any person who is or may be affected by the registration of an institution as a charity may, on the ground that it is not a charity, object to its being entered by the Commissioner in the register, or apply to the Commissioner for it to be removed from the register; and the objection or application must be made or dealt with in the manner prescribed by regulations made under this Act. (3) An appeal against any decision of the Commissioner to enter or not to enter an institution in the register of charities, or to remove or not to remove an institution from the register, may be brought in the General Division of the High Court by the persons who are or claim to be the governing board members of the institution, or by any person whose objection or application under subsection (2) has been disallowed by the Commissioner; and a copy of every notice of such appeal must be transmitted to the Attorney‑General. [34/2010; 40/2019] (4) If there is an appeal to the General Division of the High Court against any decision of the Commissioner to enter an institution in the register, or not to remove an institution from the register, then until the Commissioner is satisfied whether his or her decision is or is not to stand, the entry in the register is to be maintained, but is in suspense and marked to indicate that it is in suspense; and for the purposes of subsection (1) an institution is deemed not to be on the register during any period when the entry relating to it is in suspense under this subsection. [40/2019] (5) Any question affecting the registration or removal from the register of an institution may, even though it has been determined by a decision on appeal under subsection (3), be considered afresh by the Commissioner and is not to be concluded by that decision, if it appears to the Commissioner that there has been a change of circumstances or that the decision is inconsistent with a later judicial decision, whether given on such an appeal or not. [6


document_id: ca-1994
provision_ref: s9
chapter: PART 4 - REGISTRATION OF CHARITIES AND PROVISIONS FOR INQUIRING INTO CHARITIES
section: 9
title: Power of Commissioner to require change of charity’s name
content:
9. —(1) The Commissioner may, with respect to a charity to which this subsection applies, give a direction requiring the name of the charity to be changed, within the period specified in the direction, to any other name that the governing board members may determine with the Commissioner’s approval. [34/2010] (2) Subsection (1) applies to a charity if — ( a ) it is a registered charity and its name (called in this Act the registered name) is the same as, or is in the Commissioner’s opinion too like, the name, at the time when the registered name was entered in the register in respect of the charity, of any other charity (whether registered or not); ( b ) the name of the charity is in the Commissioner’s opinion likely to mislead the public as to the true nature of — (i) the purposes of the charity as set out in its governing instruments; or (ii) the activities which the charity carries on under its governing instruments in pursuit of those purposes; ( c ) the name of the charity includes any word or expression which in the Commissioner’s opinion is likely to mislead the public in any respect as to the status of the charity; ( d ) the name of the charity is in the Commissioner’s opinion likely to give the impression that the charity is connected in some way with the Government or any public authority, or with any other body of persons or any individual, when it is not so connected; or ( e ) the name of the charity is in the Commissioner’s opinion offensive, and any reference in this subsection to the name of a charity is, in relation to a registered charity, a reference to the name by which it is registered. [34/2010] (3) Any direction given by virtue of subsection (2)( a ) must be given within 12 months of the time when the registered name was entered in the register in respect of the charity. (4) Any direction given under this section with respect to a charity must be given to the governing board members; and on receiving any such direction the governing board members must give effect to it despite anything in the governing instruments of the charity. [34/2010] (5) Where the name of any charity is changed under this section, it is the duty of the governing board members to notify the Commissioner, within 7 days after the change or such longer period as the Commissioner may allow, of the new name of the charity and of the date on which the change occurred. [34/2010] (6) A change of name by a charity under this section does not affect any rights or obligations of the charity; and any legal proceedings that might have been continued or commenced by or against it in its former name may be continued or commenced by or against it in its new name. (7) Any reference in this section to the governing board members of a charity is, in relation to a charity which is a company, to be read as a reference to the directors of the company. [34/2010] (8) Where any direction is given under this section with respect to a charity which is a company, the direction is taken to require the directors of the company to take the necessary steps to effect the change of the name of the company, including applying to the Registrar of Companies for the reservation and approval of the new name under section 27 or 378 of the Companies Act 1967, as the case may be. (9) Nothing in this section applies to an exempt charity. [7


document_id: ca-1994
provision_ref: s10
chapter: PART 4 - REGISTRATION OF CHARITIES AND PROVISIONS FOR INQUIRING INTO CHARITIES
section: 10
title: General power of Commissioner to institute inquiries
content:
10. —(1) The Commissioner may from time to time institute inquiries with regard to charities or a particular charity or class of charities, either generally or for particular purposes. (2) The Commissioner may either conduct such an inquiry personally or appoint a person to conduct it and make a report to the Commissioner. (3) For the purposes of any such inquiry, the Commissioner or a person appointed by the Commissioner to conduct the inquiry may by order require any person — ( a ) to furnish accounts and statements in writing with respect to any matter in question at the inquiry, being a matter on which that person has or can reasonably obtain information, or to return answers in writing to any questions or inquiries addressed to the person on any such matter, and to verify any such accounts, statements or answers by statutory declaration; ( b ) to furnish copies of documents in the person’s custody or under the person’s control which relate to any matter in question at the inquiry, and to verify any such copies by statutory declaration; and ( c ) to attend at a specified time and place and give evidence or produce any such documents, and any person who fails to comply with any requirement specified in the order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. [2/2018] (4) For the purposes of any such inquiry, evidence may be taken on oath, and the person conducting the inquiry may for that purpose administer oaths, or may instead of administering an oath require the person examined to make and subscribe a declaration of the truth of the matters about which the person is examined. (5) Where the Commissioner proposes to take any action in consequence of an inquiry under this section, the Commissioner may publish the report of the person conducting the inquiry, or any other statement of the results of the inquiry as the Commissioner thinks fit, in any manner calculated in the Commissioner’s opinion to bring it to the attention of persons who may wish to make representations to the Commissioner about the action to be taken. (6) A copy of the report of the person conducting an inquiry under this section is, if certified by the Commissioner to be a true copy, admissible as evidence of any fact stated in the report, and as evidence of the opinion of that person as to any matter referred to in the report, in any legal proceedings instituted by the Commissioner under section 23 and in any legal proceedings instituted by the Attorney‑General in respect of a charity. (7) A document purporting to be a certificate issued for the purposes of subsection (6) is to be received in evidence and deemed to be such a certificate unless the contrary is proved. (8) If any person wilfully alters, suppresses, conceals or destroys any document which the person may be required to produce under this section, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. [8 [2/2018]


document_id: ca-1994
provision_ref: s11
chapter: PART 5 - CHARITY ACCOUNTS, REPORTS AND RETURNS
section: 11
title: Duty to keep accounting records
content:
11. —(1) Unless otherwise excepted by regulations made under this Act, the governing board members of a charity must ensure that accounting records are kept in respect of the charity which are sufficient to show and explain all the charity’s transactions, and which — ( a ) disclose at any time, with reasonable accuracy, the financial position of the charity at that time; and ( b ) enable the governing board members to ensure that, where any financial statements are prepared by them under regulations made under section 12, those financial statements comply with the requirements of those regulations. [34/2010; 2/2018] (2) The accounting records must, in particular, contain — ( a ) entries showing from day to day all sums of money received and expended by the charity, and the matters in respect of which the receipt and expenditure takes place; and ( b ) a record of the assets and liabilities of the charity. (3) Subject to subsection (4), the governing board members of a charity must preserve any accounting records made for the purposes of this section in respect of the charity for at least 5 years after the end of the financial year of the charity in which they are made. [34/2010; 2/2018] (4) Where a charity ceases to exist before the end of the minimum period in subsection (3) for preserving of accounting records in respect of the charity — ( a ) the last governing board members of the charity; or ( b ) any one or more of the last governing board members of the charity, as may be agreed by the last governing board members, must preserve the accounting records to the end of that period, unless the Commissioner allows the accounting records to be earlier destroyed or otherwise disposed of. [2/2018] (5) Subsection (4) also applies to a charity that ceases to exist before 1 April 2018, if the minimum period in subsection (3) as it applies to any accounting record of the charity has not ended on that date. [12 [2/2018]


document_id: ca-1994
provision_ref: s12
chapter: PART 5 - CHARITY ACCOUNTS, REPORTS AND RETURNS
section: 12
title: Financial statements
content:
12. —(1) The Minister may make regulations relating to the financial reporting requirements for charities, including provisions — ( a ) allowing the governing board members of specified classes of charities to prepare a receipts and payments account and a statement of assets and liabilities instead of financial statements in respect of any financial year of the charity; ( b ) prescribing requirements as to the form and contents of accounts and statements of charities; ( c ) requiring the accounts and statements of specified classes of charities to be in compliance with all or any of the following: (i) specified accounting standards that are made or formulated by the Accounting Standards Committee under Part 3 of the Accounting Standards Act 2007; [Act 36 of 2022 wef 01/04/2023] (ii) other accounting standards or requirements specified in the regulations; ( d ) providing for relief from the requirements of such accounting standards applicable to charities; ( e ) determining the financial years of a charity for the purposes of this Act; ( f ) modifying the application of any provisions in the Companies Act 1967 as to the form and content of a company’s accounts or consolidated accounts being in compliance with the Accounting Standards (as defined in the Companies Act 1967) in respect of a company that is registered as a charity or approved as an institution of a public character under this Act; or ( g ) providing that any person who is guilty of an offence under any regulations made under paragraph ( c ) in respect of a charity which is registered as a company under the Companies Act 1967 shall be liable on conviction to the same penalty as that provided under section 204(1) or (3)( a ) (as the case may be) of that Act. [34/2010; 2/2018] (2) Subject to subsection (3), the governing board members of a charity must preserve any financial statement or other accounts and statements prepared by them for the purposes of regulations made under this section, for at least 5 years after the end of the financial year to which the financial statement or accounts and statements (as the case may be) relate. [2/2018] (3) Where a charity ceases to exist before the end of the minimum period in subsection (2) for preserving financial statements or other accounts and statements in respect of the charity — ( a ) the last governing board members of the charity; or ( b ) any one or more of the last governing board members of the charity, as may be agreed by the last governing board members, must preserve the financial statements or other accounts and statements to the end of that period, unless the Commissioner allows the financial statements or other accounts and statements (as the case may be) to be earlier destroyed or otherwise disposed of. [2/2018] (4) Subsection (3) also applies to a charity that ceases to exist before 1 April 2018, if the minimum period in subsection (2) as it applies to any financial statement or other accounts and statements of the charity has not ended on that date. [13 [2/2018]


document_id: ca-1994
provision_ref: s13
chapter: PART 5 - CHARITY ACCOUNTS, REPORTS AND RETURNS
section: 13
title: Annual audit or examination of charity accounts
content:
13. —(1) The Minister may by regulations make provision — ( a ) requiring the accounts of charities to be audited or examined and specify the circumstances in which such audits or examinations must be carried out by a public accountant, an independent qualified accountant or an independent person; ( b ) with respect to the duties of an auditor or independent examiner carrying out an audit or examination for the purposes of this section; ( c ) conferring on the auditor or independent examiner a right of access with respect to books, documents and other records (however kept) which relate to the charity concerned; ( d ) entitling the auditor or independent examiner to require, in the case of a charity, information and explanations from past or present governing board members or trustees for the charity, or from past or present officers, employees or auditors of the charity; and ( e ) enabling the Commissioner, in prescribed circumstances, to dispense with any of the requirements prescribed under paragraph ( a ) in the case of a particular charity or in the case of any particular financial year of a charity. [34/2010] (2) Where it appears to the Commissioner — ( a ) that any requirement under this section for the accounts of a charity to be audited or examined has not been complied with in relation to a financial year of a charity within 10 months from the end of that year; or ( b ) that it would be desirable for the accounts of a particular charity for any year to be audited by a public accountant although the regulations made under this Act do not so require, the Commissioner may by order require the accounts of the charity for that year to be audited by a person appointed by the Commissioner. [34/2010] (3) The expenses of any audit carried out by a person appointed by the Commissioner under subsection (2), including the person’s remuneration, must be paid — ( a ) by the governing board members of the charity concerned who shall be personally liable, jointly and severally, for those expenses; or ( b ) to the extent that it appears to the Commissioner not to be practical to pay those expenses in accordance with paragraph ( a ), from the funds of the charity. [34/2010] (4) The Commissioner may give any directions that he or she may think appropriate with respect to the carrying out of an examination required by regulations made under this Act, and any such directions may either be of general application or apply to a particular charity only. [34/2010] (5) If any person fails to provide an auditor or independent examiner any facility to which the auditor or independent auditor is entitled by virtue of regulations made under subsection (1)( c ) or ( d ), without affecting any regulations made under section 57(4) for such failure, the Commissioner may by order give to that person or to the governing board members for the time being of the charity concerned, such directions as the Commissioner thinks appropriate for securing that the default is made good. [34/2010; 2/2018] (6) Section 391 of the Companies Act 1967 has effect in relation to an auditor or independent examiner appointed by a charity pursuant to this section as it has effect in relation to a person employed as auditor by a company within the meaning of that Act. [14 [34/2010]


document_id: ca-1994
provision_ref: s14
chapter: PART 5 - CHARITY ACCOUNTS, REPORTS AND RETURNS
section: 14
title: Annual reports
content:
14. —(1) Unless otherwise excepted by regulations made under this Act, the governing board members of a charity must prepare in respect of each financial year of the charity an annual report containing — ( a ) a prescribed report by the governing board members on the activities of the charity during that year; and ( b ) any other information relating to the charity or to its governing board members or officers that may be prescribed by regulations made under this Act. [34/2010] (2) The annual report required to be prepared under this section in respect of any financial year of a charity that is a registered charity or an exempt charity, must be transmitted to the Commissioner by the governing board members — ( a ) within 6 months from the end of that year; or ( b ) within such longer period as the Commissioner may for any special reason allow in the case of that report. [34/2010; 2/2018] (3) Subject to subsection (4), every annual report of a registered charity or an exempt charity must have attached to it the financial statements or account and statement prepared for the financial year in question pursuant to section 12(1), together with — ( a ) where the accounts of the charity for that year have been audited under section 13, a copy of the report made by the auditor on the financial statements or account and statement, as the case may be; or ( b ) where the accounts of the charity for that year have been examined under section 13, a copy of the report made by the independent examiner in respect of the examination carried out by the independent examiner under that section. [34/2010; 2/2018] (4) Subsection (3) does not apply to a charity which is a company, and any annual report transmitted by the governing board members of such a charity under subsection (2) must have attached to it a copy of the charity’s annual accounts prepared for the financial year in question under Part 6 of the Companies Act 1967, together with a copy of the auditor’s report on those accounts. [34/2010] (5) Any annual report transmitted to the Commissioner under subsection (2), together with the documents attached to it, must be kept by the Commissioner for such period as he or she may think fit. (6) Subject to subsection (7), the governing board members of a charity must preserve every annual report prepared under this section for a financial year that ends on or after 1 April 2018 in respect of the charity, for at least 5 years after the end of the financial year of the charity to which the report relates. [2/2018] (7) Where a charity ceases to exist before the end of the minimum period in subsection (6) for preserving annual reports in respect of the charity — ( a ) the last governing board members of the charity; or ( b ) any one or more of the last governing board members of the charity, as may be agreed by the last governing board members, must preserve the annual reports to the end of that period, unless the Commissioner allows the annual reports to be earlier destroyed or otherwise disposed of. [2/2018] (8) Subsection (7) also applies to a charity that ceases to exist before 1 April 2018, if the minimum period in subsection (6) as it applies to any annual report of the charity has not ended on that date. [16 [2/2018]


document_id: ca-1994
provision_ref: s15
chapter: PART 5 - CHARITY ACCOUNTS, REPORTS AND RETURNS
section: 15
title: Public inspection of annual reports, etc.
content:
15. —(1) Any annual report or other document kept by the Commissioner pursuant to section 14(5) must be open to public inspection at all reasonable times — ( a ) during the period for which it is so kept; or ( b ) if the Commissioner so determines, during a shorter period that he or she may specify. (2) Where any interested person — ( a ) requests the governing board members of a charity in writing to provide the interested person with a copy of the charity’s most recent accounts; and ( b ) pays the governing board members such reasonable fee (if any) as they may require in respect of the costs of complying with the request, those governing board members must comply with the request within the period of 2 months beginning with the date on which the request is made. [34/2010] (3) In subsection (2), the reference to a charity’s most recent accounts is — ( a ) a reference to the financial statements or account and statement prepared pursuant to section 12(1) in respect of the last financial year of the charity the accounts for which have been audited or examined under section 13; and ( b ) in the case of a charity which is a company, a reference to the annual accounts of the company most recently audited under Part 6 of the Companies Act 1967. [17 [34/2010; 2/2018]


document_id: ca-1994
provision_ref: s16
chapter: PART 5 - CHARITY ACCOUNTS, REPORTS AND RETURNS
section: 16
title: Offences
content:
16. Any person who, without reasonable excuse, is in default in relation to any requirement imposed by section 11(3) or (4), 12(2) or (3), 14(2), (6) or (7) or 15(2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. [18 [2/2018]


document_id: ca-1994
provision_ref: s17
chapter: PART 6 - SMALL CHARITIES
section: 17
title: Power to transfer all property, modify objects, etc.
content:
17. —(1) This section applies to a charity if — ( a ) its gross income in its last financial year did not exceed $20,000; and ( b ) it does not hold any land on trusts which stipulate that the land is to be used for the purpose, or any particular purpose, of the charity, and it is neither an exempt charity nor a charitable company. (2) Subject to the following provisions of this section, the governing board members of a charity to which this section applies may resolve for the purposes of this section — ( a ) that all the property of the charity should be transferred to such other charity as is specified in the resolution, being either a registered charity or a charity which is not required to be registered; ( b ) that all the property of the charity should be divided, in such manner as is specified in the resolution, between such 2 or more other charities as are so specified, being in each case either a registered charity or a charity which is not required to be registered; ( c ) that the governing instruments of the charity should be modified by replacing all or any of the purposes of the charity with such other purposes, being in law charitable, as are specified in the resolution; or ( d ) that any provision of the governing instruments of the charity — (i) relating to any of the powers exercisable by the governing board members in the administration of the charity; or (ii) regulating the procedure to be followed in any respect in connection with its administration, should be modified in such manner as is specified in the resolution. [34/2010] (3) Any resolution passed under subsection (2) must be passed by a majority of not less than two‑thirds of the governing board members present and voting on the resolution. [34/2010] (4) The governing board members of a charity to which this section applies (called in this Act the transferor charity) do not have power to pass a resolution under subsection (2)( a ) or ( b ) unless they are satisfied — ( a ) that the existing purposes of the transferor charity have ceased to be conducive to a suitable and effective application of the charity’s resources; and ( b ) that the purposes of the charity or charities specified in the resolution are as similar in character to the purposes of the transferor charity as is reasonably practicable, and before passing the resolution they must have received from the governing board members of the charity, or (as the case may be) of each of the charities, specified in the resolution written confirmation that those governing board members are willing to accept a transfer of property under this section. [34/2010] (5) The governing board members of any such charity do not have power to pass a resolution under subsection (2)( c ) unless they are satisfied — ( a ) that the existing purposes of the charity (or, as the case may be, such of them as it is proposed to replace) have ceased to be conducive to a suitable and effective application of the charity’s resources; and ( b ) that the purposes specified in the resolution are as similar in character to those existing purposes as is practical in the circumstances. [34/2010] (6) Where the governing board members have passed a resolution under subsection (2), they must — ( a ) give public notice of the resolution in such manner as they think reasonable in the circumstances; and ( b ) send a copy of the resolution to the Commissioner, together with a statement of their reasons for passing it. [34/2010] (7) The Commissioner may, when considering the resolution, require the governing board members to provide additional information or explanation — ( a ) as to the circumstances in and by reference to which they have determined to act under this section; or ( b ) relating to their compliance with this section in connection with the resolution, and the Commissioner must take into account any representations made to the Commissioner by persons appearing to him or her to be interested in the charity where those representations are made within the period of 6 weeks beginning with the date when the Commissioner receives a copy of the resolution by virtue of subsection (6)( b ). [34/2010] (8) Where the Commissioner has so received a copy of a resolution from any governing board members and it appears to the Commissioner that they have complied with this section in connection with the resolution, the Commissioner must, within the period of 3 months beginning with the date when he or she receives the copy of the resolution, notify them in writing either — ( a ) that the Commissioner concurs with the resolution; or ( b ) that he or she does not concur with it. [34/2010] (9) Where the Commissioner so notifies his or her concurrence with the resolution, then — ( a ) if the resolution was passed under subsection (2)( a ) or ( b ), the governing board members must arrange for all the property of the transferor charity to be transferred in accordance with the resolution and on terms that any property so transferred — (i) must be held and applied by the charity to which it is transferred (called in this Act the transferee charity) for the purposes of that charity; but (ii) must, as property of the transferee charity, nevertheless be subject to any restrictions on expenditure to which it is subject as property of the transferor charity, and those governing board members must arrange for it to be so transferred by such date as may be specified in the notification; and ( b ) if the resolution was passed under subsection (2)( c ) or ( d ), the governing instruments of the charity are deemed, as from such date as may be specified in the notification, to have been modified in accordance with the terms of the resolution. [34/2010] (10) For the purpose of enabling any property to be transferred to a charity under this section, the Commissioner has the power, at the request of the governing board members of that charity, to make orders vesting any property of the transferor charity — ( a ) in the governing board members of the firstmentioned charity or in any trustee for that charity; or ( b ) in any other person nominated by those governing board members to hold the property in trust for that charity. [34/2010] (11) The Minister may by order amend subsection (1)( a ) by substituting a different sum for the sum for the time being specified in the order. (12) In this section, references to the transfer of property to a charity are references to its transfer — ( a ) to the governing board members; ( b ) to any trustee for the charity; or ( c ) to a person nominated by the governing board members to hold it in trust for the charity, as the governing board members may determine. [19 [34/2010]


document_id: ca-1994
provision_ref: s18
chapter: PART 6 - SMALL CHARITIES
section: 18
title: Power to spend capital
content:
18. —(1) This section applies to a charity if — ( a ) it has a permanent endowment which does not consist of or comprise any land; and ( b ) its gross income in its last financial year did not exceed $5,000, and it is neither an exempt charity nor a charitable company. (2) Where the governing board members of a charity to which this section applies are of the opinion that the property of the charity is too small, in relation to its purposes, for any useful purpose to be achieved by the expenditure of income alone, they may resolve for the purposes of this section that the charity ought to be freed from the restrictions with respect to expenditure of capital to which its permanent endowment is subject. [34/2010] (3) Any resolution passed under subsection (2) must be passed by a majority of not less than two‑thirds of the governing board members present and voting on the resolution. [34/2010] (4) Before passing such a resolution, the governing board members must consider whether any reasonable possibility exists of effecting a transfer or division of all the charity’s property under section 17 (disregarding any such transfer or division as would, in their opinion, impose on the charity an unacceptable burden of costs). [34/2010] (5) Where the governing board members have passed a resolution under subsection (2), they must — ( a ) give public notice of the resolution in such manner as they think reasonable in the circumstances; and ( b ) send a copy of the resolution to the Commissioner, together with a statement of their reasons for passing it. [34/2010] (6) The Commissioner may, when considering the resolution, require the governing board members to provide additional information or explanation — ( a ) as to the circumstances in and by reference to which they have determined to act under this section; or ( b ) relating to their compliance with this section in connection with the resolution, and the Commissioner must take into account any representations made to the Commissioner by persons appearing to him or her to be interested in the charity where those representations are made within the period of 6 weeks beginning with the date when the Commissioner receives a copy of the resolution by virtue of subsection (5)( b ). [34/2010] (7) Where the Commissioner has so received a copy of a resolution from any governing board members and it appears to the Commissioner that they have complied with this section in connection with the resolution, the Commissioner must, within the period of 3 months beginning with the date when he or she receives the copy of the resolution, notify them in writing either — ( a ) that the Commissioner concurs with the resolution; or ( b ) that he or she does not concur with it. [34/2010] (8) Where the Commissioner so notifies his or her concurrence with the resolution, the governing board members have, as from the date specified in the notification, power by virtue of this section to expend any property of the charity without regard to the restrictions mentioned in subsection (2). [34/2010] (9) The Minister may by order amend subsection (1)( b ) by substituting a different sum for the sum for the time being specified in the order. (10) A charity is deemed for the purposes of this section to have a permanent endowment unless all property held for the purposes of the charity may be expended for those purposes without distinction between capital and income, and in this section “permanent endowment” means, in relation to any charity, property held subject to a restriction on its being expended for the purposes of the charity. [20


document_id: ca-1994
provision_ref: s19
chapter: PART 7 - APPLICATION OF PROPERTY CY-PR&#200;S
section: 19
title: Occasions for applying property cy-pr&#232;s
content:
19. —(1) Subject to subsection (2), the circumstances in which the original purposes of a charitable gift can be altered to allow the property given or part of it to be applied cy‑pr&#232;s are as follows: ( a ) where the original purposes, in whole or in part — (i) have been as far as may be fulfilled; (ii) cannot be carried out; or (iii) cannot be carried out according to the directions given and to the spirit of the gift; ( b ) where the original purposes provide a use for part only of the property available by virtue of the gift; ( c ) where the property available by virtue of the gift and other property applicable for similar purposes can be more effectively used in conjunction and to that end can suitably, regard being had to the spirit of the gift, be made applicable to common purposes; ( d ) where the original purposes were laid down by reference to an area which then was but has since ceased to be a unit for some other purpose, or by reference to a class of persons or to an area which has for any reason since ceased to be suitable, regard being had to the spirit of the gift, or to be practical in administering the gift; or ( e ) where the original purposes, in whole or in part, have, since they were laid down — (i) been adequately provided for by other means; (ii) ceased, as being useless or harmful to the community or for other reasons, to be in law charitable; or (iii) ceased in any other way to provide a suitable and effective method of using the property available by virtue of the gift, regard being had to the spirit of the gift. (2) Subsection (1) does not affect the conditions which must be satisfied in order that property given for charitable purposes may be applied cy‑pr&#232;s, except insofar as those conditions require a failure of the original purposes. (3) References in subsections (1) and (2) to the original purposes of a gift are to be construed, where the application of the property given has been altered or regulated by a scheme or otherwise, as referring to the purposes for which the property is for the time being applicable. (4) It is declared that a trust for charitable purposes places a trustee under a duty, where the case permits and requires the property or some part of it to be applied cy‑pr&#232;s, to secure its effective use for charity by taking steps to enable it to be so applied. (5) This section applies to property given for charitable purposes, even though it was so given before 1 January 1995. [21


document_id: ca-1994
provision_ref: s20
chapter: PART 7 - APPLICATION OF PROPERTY CY-PR&#200;S
section: 20
title: Application cy-pr&#232;s of gifts of donors unknown or disclaiming
content:
20. —(1) Property given for specific charitable purposes which fail is to be applicable cy-pr&#232;s as if given for charitable purposes generally, where it belongs to a donor who — ( a ) after the prescribed advertisements and inquiries have been published and made, and after the prescribed period beginning with the publication of those advertisements has expired, cannot be identified or cannot be found; or ( b ) has executed a disclaimer in the prescribed form of the donor’s right to have the property returned. (2) Where the prescribed advertisements and inquiries have been published and made by or on behalf of trustees with respect to any such property, the trustees are not liable to pay to any person in respect of the property if no claim by the person to be interested in the property is received by the trustees before the expiry of the period specified in subsection (1)( a ). (3) For the purposes of this section, property is conclusively presumed (without any advertisement or inquiry) to belong to donors who cannot be identified, insofar as it consists of the proceeds of — ( a ) cash collections made by means of collecting boxes or by other means not adapted for distinguishing one gift from another; or ( b ) any lottery, competition, entertainment, sale or similar money‑raising activity, after allowing for property given to provide prizes or articles for sale or otherwise to enable the activity to be undertaken. (4) The General Division of the High Court may by order direct that property not falling within subsection (3) is, for the purposes of this section, to be treated (without any advertisement or inquiry) as belonging to donors who cannot be identified, where it appears to the General Division of the High Court — ( a ) that it would be unreasonable, having regard to the amounts likely to be returned to the donors, to incur expense with a view to returning the property; or ( b ) that it would be unreasonable, having regard to the nature, circumstances and amount of the gifts, and to the lapse of time since the gifts were made, for the donors to expect the property to be returned. [40/2019] (5) Where property is applied cy-pr&#232;s by virtue of this section, the donor is deemed to have parted with all the donor’s interest at the time when the gift was made; but where property is so applied as belonging to donors who cannot be identified or cannot be found, and is not so applied by virtue of subsection (3) or (4) — ( a ) the scheme must specify the total amount of that property; ( b ) the donor of any part of that amount is entitled, if the donor makes a claim not later than 6 months after the date on which the scheme is made, to recover from the charity for which the property is applied a sum equal to that part, less any expenses properly incurred by the governing board members of the charity after that date in connection with claims relating to the donor’s gift; and ( c ) the scheme may include directions as to the provision to be made for meeting any such claim. [34/2010] (6) Where — ( a ) any sum is, in accordance with any directions in a scheme, set aside for meeting any such claims; but ( b ) the aggregate amount of any such claims actually made exceeds the relevant amount, then if the Commissioner so directs, each of the donors in question is entitled only to such proportion of the relevant amount as the amount of the donor’s claim bears to the aggregate amount referred to in paragraph ( b ); and for this purpose, “relevant amount” means the amount of the sum so set aside after deduction of any expenses properly incurred by the governing board members of the charity in connection with claims relating to the donors’ gifts. [34/2010] (7) For the purposes of this section, charitable purposes are deemed to fail where any difficulty in applying property to those purposes makes that property or the part not applicable cy‑pr&#232;s available to be returned to the donors. (8) In this section, except insofar as the context otherwise requires, references to a donor include persons claiming through or under the original donor, and references to property given include the property for the time being representing the property originally given or property derived from it. (9) This section applies to property given for charitable purposes, even though it was so given before 1 January 1995. [22


document_id: ca-1994
provision_ref: s21
chapter: PART 7 - APPLICATION OF PROPERTY CY-PR&#200;S
section: 21
title: Entrusting charity property to Public Trustee and termination of trust
content:
21. —(1) The General Division of the High Court may by order vest any property held by or in trust for a charity in the Public Trustee or authorise or require the persons in whom the property is vested to transfer it to the Public Trustee, or appoint any person to transfer the property to the Public Trustee; and the property may be vested in the Public Trustee with or without powers of management as the General Division of the High Court may direct. [40/2019] (2) Where any property is held by or in trust for a charity, or is comprised in any testamentary gift to a charity, the property may, with the agreement of the Public Trustee, be transferred to him or her; and the Public Trustee’s receipt for the property comprised in a testamentary gift to a charity is a complete discharge of the personal representative. (3) Where property is vested in the Public Trustee in trust for a charity, the General Division of the High Court may make an order discharging the Public Trustee from the trusteeship as respects all or any of that property. [40/2019] (4) Where the Public Trustee is discharged from his or her trusteeship of any property, or the trusts on which he or she holds any property come to an end, the General Division of the High Court may make such vesting orders and give such directions as may seem to the General Division of the High Court to be necessary or expedient in consequence. [40/2019] (5) No person is — ( a ) liable for any loss occasioned by the person’s acting in conformity with an order under this section or by the person’s giving effect to anything done pursuant to that order; or ( b ) excused from so doing by reason of the order under this section having been in any respect improperly obtained. (6) No vesting or transfer of any property pursuant to this section operates as a breach of a covenant or condition against alienation or give rise to a forfeiture. [23


document_id: ca-1994
provision_ref: s22
chapter: PART 7 - APPLICATION OF PROPERTY CY-PR&#200;S
section: 22
title: Concurrent jurisdiction with General Division of High Court for certain purposes
content:
22. —(1) Subject to the provisions of this Act, the Commissioner may, with the consent of the Attorney‑General, by order exercise the same jurisdiction and powers as are exercisable by the General Division of the High Court in charity proceedings for the following purposes: ( a ) establishing a scheme for the administration of a charity; ( b ) appointing, discharging or removing a governing board member of a charity or trustee for a charity, or removing an officer or employee; ( c ) vesting or transferring property, or requiring or entitling any person to call for or make any transfer of property or any payment. [34/2010; 40/2019] (2) The Commissioner does not have jurisdiction under this section to try or determine the title to any property as between a charity or trustee for a charity and a person holding or claiming the property or an interest in it adversely to the charity, or to try or determine any question as to the existence or extent of any charge or trust. (3) Before exercising any jurisdiction under this section, the Commissioner must give notice of his or her intention to do so to each of the governing board members except those who cannot be found or who have no known address in Singapore; and the notice may be given by post and, if given by post, may be addressed to the governing board member’s last known address in Singapore. [34/2010] (4) The Commissioner must not exercise his or her jurisdiction under this section in any case (not referred to him or her by order of the General Division of the High Court) which, by reason of its contentious character, or of any special question of law or of fact which it may involve, or for other reasons, the Commissioner may consider more fit to be adjudicated on by the General Division of the High Court. [40/2019] (5) An appeal against any order of the Commissioner under this section may at any time, within the 3 months beginning with the day following that on which the order is published, be brought in the General Division of the High Court by the charity or any of the governing board members, or any person interested in the charity, or by any person removed from any office or employment by the order. [24 [34/2010; 40/2019]


document_id: ca-1994
provision_ref: s23
chapter: PART 7 - APPLICATION OF PROPERTY CY-PR&#200;S
section: 23
title: Power to act for protection of charities
content:
23. —(1) Where, at any time after the Commissioner has instituted an inquiry under section 10 with respect to any charity, the Commissioner is satisfied — ( a ) that there is or has been any misconduct or mismanagement in the administration of the charity; and ( b ) that it is necessary or desirable to act for the purpose of protecting the property of the charity or securing a proper application for the purposes of the charity of that property or of property coming to the charity, the Commissioner may, with the consent of the Attorney‑General, do one or more of the following things: ( c ) by order remove any trustee, governing board member, officer, agent or employee of the charity who has been responsible for or privy to the misconduct or mismanagement or has by his or her conduct contributed to it or facilitated it; ( d ) by order establish a scheme for the administration of the charity; ( e ) despite anything in the governing instruments of the charity, by order restrict the transactions which may be entered into, or the nature or amount of the payments which may be made, in the administration of the charity without the Commissioner’s approval. [34/2010] (2) Where, at any time after the Commissioner has instituted an inquiry under section 10 with respect to any charity, the Commissioner is satisfied — ( a ) that there is or has been any misconduct or mismanagement in the administration of the charity; or ( b ) that it is necessary or desirable to act for the purpose of protecting the property of the charity or securing a proper application for the purposes of the charity of that property or of property coming to the charity, the Commissioner may, with the consent of the Attorney‑General, do one or more of the following things: ( c ) by order suspend any trustee, governing board member, officer, agent or employee of the charity from the exercise of his or her office or employment pending consideration being given to his or her removal (whether under this section or otherwise); ( d ) by order appoint such number of additional governing board members or key officers as the Commissioner considers necessary for the proper administration of the charity; ( e ) by order vest any property held by or in trust for the charity in the Public Trustee, or require the persons in whom the property is vested to transfer it to the Public Trustee, or appoint any person to transfer the property to the Public Trustee; ( f ) order any person who holds any property on behalf of the charity, or of any trustee for it, not to part with the property without the approval of the Commissioner; ( g ) order any debtor of the charity not to make any payment in or towards the discharge of the debtor’s liability to the charity without the approval of the Commissioner; ( h ) by order restrict (despite anything in the governing instruments of the charity) the transactions which may be entered into, or the nature or amount of the payments which may be made, in the administration of the charity without the approval of the Commissioner; ( i ) by order appoint (in accordance with section 25) a receiver and manager in respect of the property and affairs of the charity. [34/2010] (3) The references in subsections (1) and (2) to misconduct or mismanagement (despite anything in the governing instruments of the charity) extend to the employment for remuneration or reward of persons acting in the affairs of the charity, or for other administrative purposes, of sums which are excessive in relation to the property which is or is likely to be applied or applicable for the purposes of the charity. [34/2010] (4) The Commissioner may remove a governing board member or key officer of a charity by order made of the Commissioner’s own motion where the governing board member or key officer — ( a ) has been convicted, whether in Singapore or in any other country or territory, and whether before, on or after 1 April 2018, of an offence involving moral turpitude (but not one mentioned in section 28(1)( a )) and the conviction is not spent; ( b ) acts as a governing board member or key officer of the charity despite being disqualified under section 28(1) or (6); ( c ) is a corporation in liquidation; ( d ) lacks capacity (within the meaning of the Mental Capacity Act 2008) to exercise his or her functions as governing board member or key officer; ( e ) has not acted, and will not declare his or her willingness or unwillingness to act; or ( f ) is outside Singapore or cannot be found or does not act, and his or her absence or failure to act impedes the proper administration of the charity. [21/2008; 34/2010; 2/2018] (5) Where a person resigns as a trustee, a governing board member, an officer, an agent or an employee of a charity — ( a ) after the Commissioner has instituted an inquiry under section 10 with respect to the charity (whether before, on or after 1 April 2018), but before the Commissioner (with the consent of the Attorney‑General) makes an order under subsection (1)( c ) removing the person; or ( b ) after the Commissioner has given notice (whether before, on or after 1 April 2018) under section 30(3) of intention to remove the person under subsection (4), but before the Commissioner makes the order, the Commissioner may, if the Commissioner is satisfied that the person is a person against whom the Commissioner would have made an order of removal under subsection (1)( c ) or (4) if the person had not resigned, make an order declaring the person as such. [2/2018] (6) Section 30 applies to an order under subsection (5) as it applies to an order of removal under subsection (1) or (4). [2/2018] (7) Subject to section 47, an order of removal under subsection (1) or (4), and an order under subsection (5), remains in force despite any ground on which the order was made ceasing to exist or have effect (including a conviction becoming spent). [2/2018] (8) The Commissioner may, by order made of his or her own motion, appoint a person to be a governing board member or key officer — ( a ) in place of a governing board member or key officer removed by the Commissioner under this section or otherwise; ( b ) where there are no governing board members, or where by reason of vacancies in their number or the absence or incapacity of any of their number the charity cannot apply for the appointment; ( c ) where there is a single governing board member or key officer, not being a corporation, and the Commissioner is of the opinion that it is necessary to increase the number for the proper administration of the charity; or ( d ) where the Commissioner is of the opinion that it is necessary for the proper administration of the charity to have an additional governing board member or key officer, because one of the existing governing board members or key officers who ought nevertheless to remain a governing board member or key officer cannot be found or does not act or is outside Singapore. [34/2010] (9) The powers of the Commissioner under this section to remove or appoint governing board members or trustees for a charity include the power to make any order with respect to the vesting in or transfer to the governing board members or trustees for a charity of any property as the Commissioner may make on the removal or appointment of a governing board member or trustee for the charity by the Commissioner under section 22. [34/2010] (10) Any order under this section for the removal or appointment of a governing board member or trustee for a charity, or for the vesting or transfer of any property, has the like effect as an order made under section 22. [34/2010] (11) Section 22(4) applies to orders under this section as it applies to orders under section 22. (12) An order of suspension under subsection (2)( c ) must be for a fixed period, but the Commissioner may make one or more further extensions of that order, each for a fixed period. [2/2018] (13) The total period of suspension under an order of suspension under subsection (2)( c ) and every extension under subsection (12) of such an order must not exceed 24 months. [2/2018] (14) Without affecting section 47, any order of suspension under subsection (2)( c ) and any extension under subsection (12) may make provision for any matter arising out of the suspension; and if there is any inconsistency amongst the provisions made by any of the orders, the latest in time prevails. [2/2018] (15) For the purposes of subsection (14), provision may be made in particular — ( a ) to enable any person to execute any instrument in the name of the person suspended or to otherwise act for the person suspended; and ( b ) in the case of a governing board member of a charity, for adjusting any rules governing the proceedings of the governing board members to take account of the reduction in the number capable of acting. [2/2018] (16) Before exercising any jurisdiction under this section (otherwise than by virtue of subsection (2) or (5)), the Commissioner must give notice of his or her intention to do so to — ( a ) each of the governing board members; and ( b ) in the case of an order — (i) for the removal of any trustee for the charity or key officer; (ii) for the appointment of an additional trustee for the charity or a key officer; or (iii) for the transfer of any property, each trustee for the charity or key officer concerned, except those who cannot be found or who have no known address in Singapore. [34/2010; 2/2018] (17) Before exercising any jurisdiction under subsection (5), the Commissioner must give notice of the Commissioner’s intention to do so to — ( a ) the person against whom the Commissioner proposes to make the order under that subsection, unless the person cannot be found or has no known address in Singapore; and ( b ) each of the governing board members of the charity from which the person resigned, if the Commissioner thinks it necessary to do so. [2/2018] (18) A notice referred to in subsection (16) or (17) may be given by post and, if given by post, may be addressed to the last known address in Singapore of the governing board member or trustee for the charity or key officer or person, as the case may be. [34/2010; 2/2018] (19) The Commissioner must, at such intervals as he or she thinks fit, review any order made by the Commissioner under subsection (2)( c ), ( e ), ( f ), ( g ), ( h ) or ( i ); and if on any such review it appears to the Commissioner that it would be appropriate to discharge the order in whole or in part, he or she must so discharge it (whether subject to any saving or transitional provisions or not). (20) Any person who contravenes an order under subsection (2)( f ), ( g ) or ( h ) 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. [2/2018] (21) Nothing in subsection (20) is to be taken to preclude the bringing of proceedings for breach of trust against any governing board member or trustee for a charity in respect of a contravention of an order under subsection (2)( f ) or ( h ) (whether proceedings in respect of the contravention are brought against the governing board member or trustee under subsection (20)). [34/2010] (22) This section does not apply to an exempt charity. [25


document_id: ca-1994
provision_ref: s24
chapter: PART 7 - APPLICATION OF PROPERTY CY-PR&#200;S
section: 24
title: Power to suspend or remove trustees, etc., from membership of charity
content:
24. —(1) This section applies where the Commissioner makes an order under section 23 removing or suspending any trustee, governing board member, officer, agent or employee of a charity from his or her office or employment (as the case may be) and the person in question is a member of the charity. [10/2007; 34/2010] (2) If the order suspends the person in question from his or her office or employment, the Commissioner may also make an order suspending his or her membership of the charity for the period for which he or she is suspended from his or her office or employment. [10/2007] (3) If the order removes the person in question from his or her office or employment, the Commissioner may also make an order — ( a ) terminating his or her membership of the charity; and ( b ) prohibiting him or her from resuming his or her membership of the charity for not less than 2 years or such time as the Commissioner may specify. [10/2007] (4) Any person who continues in his or her membership of a charity in contravention of an order under subsection (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. [10/2007; 2/2018] (5) This section does not apply to an exempt charity. [25A [10/2007]


document_id: ca-1994
provision_ref: s25
chapter: PART 7 - APPLICATION OF PROPERTY CY-PR&#200;S
section: 25
title: Supplementary provisions relating to receiver and manager appointed for charity
content:
25. —(1) The Commissioner may under section 23(2)( i ) appoint to be receiver and manager in respect of the property and affairs of a charity any person (other than an officer or employee of the charity) that the Commissioner thinks fit. (2) Without limiting section 47(1), any order made by the Commissioner under section 23(2)( i ) may make provision with respect to the functions to be discharged by the receiver and manager appointed by the order; and those functions must be discharged by the receiver and manager under the supervision of the Commissioner. (3) In connection with the discharge of those functions, any such order may provide — ( a ) for the receiver and manager appointed by the order to have such powers and duties of the governing board members of the charity concerned (whether arising under this Act or otherwise) as are specified in the order; and ( b ) for any powers or duties exercisable or falling to be performed by the receiver and manager by virtue of paragraph ( a ) to be exercisable or performed by the receiver and manager to the exclusion of those governing board members. [34/2010] (4) Where a person has been appointed receiver and manager by any such order, the Commissioner may apply to the General Division of the High Court for directions in relation to any particular matter arising in connection with the discharge of those functions. [40/2019] (5) The General Division of the High Court may, on an application under subsection (4), give such directions or make such orders declaring the rights of any person (whether before the General Division of the High Court or not), as the General Division of the High Court thinks just; and the costs of the application must be paid by the charity concerned. [40/2019] (6) The Minister may make regulations with respect to — ( a ) the appointment and removal of receivers and managers appointed in accordance with this section; ( b ) the remuneration of such receivers and managers out of the income of the charities concerned; and ( c ) the making of reports to the Commissioner by receivers and managers. [40/2019] (7) Regulations made under subsection (6) may, in particular, authorise the Commissioner to require a receiver and manager so appointed to give security for the due discharge of the functions of the receiver and manager, to determine the amount of remuneration of the receiver and manager, and to disallow any amount of remuneration in such circumstances as are prescribed by the regulations. [26


document_id: ca-1994
provision_ref: s26
chapter: PART 7 - APPLICATION OF PROPERTY CY-PR&#200;S
section: 26
title: Power to direct application of charity property
content:
26. —(1) This section applies where the Commissioner is satisfied — ( a ) that a person or persons in possession or control of any property held by or on trust for a charity is or are unwilling to apply it properly for the purposes of the charity; and ( b ) that it is necessary or desirable to make an order under this section for the purpose of securing a proper application of that property for the purposes of the charity. [10/2007] (2) The Commissioner may by order direct the person or persons concerned to apply the property in the manner specified in the order. [10/2007] (3) An order under this section — ( a ) may require action to be taken whether or not it would otherwise be within the powers exercisable by the person or persons concerned in relation to the property; but ( b ) may not require any action to be taken which is prohibited by any written law or expressly prohibited by the governing instruments of the charity. [10/2007; 34/2010] (4) Anything done by a person under the authority of an order under this section is deemed to be properly done in the exercise of the powers mentioned in subsection (3)( a ). [10/2007] (5) Subsection (4) does not affect any contractual or other rights arising in connection with anything which has been done under the authority of such an order. [10/2007] (6) Any person who contravenes an order under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. [10/2007; 2/2018] [26A


document_id: ca-1994
provision_ref: s27
chapter: PART 7 - APPLICATION OF PROPERTY CY-PR&#200;S
section: 27
title: Power to direct application of charity property after charity ceases to exist
content:
27. —(1) This section applies in respect of any institution that was a charity (whether or not registered under section 7) — ( a ) from the time the institution ceases to be a charity, or ceases to exist or operate, whichever occurs earlier; and ( b ) where the Commissioner is satisfied — (i) that a person or persons in possession or control of any property held by or on trust for the institution is or are unwilling to apply it properly for the purposes of the trust; and (ii) that it is necessary or desirable to make an order under this section for the purpose of securing a proper application of that property for the purposes of the trust. [10/2007] (2) The Commissioner may by order direct the person or persons concerned to apply the property in the manner specified in the order. [10/2007] (3) An order under this section — ( a ) may require action to be taken whether or not it would otherwise be within the powers exercisable by the person or persons concerned in relation to the property; but ( b ) may not require any action to be taken which is prohibited by any written law or expressly prohibited by the governing instruments of the institution. [10/2007; 34/2010] (4) Anything done by a person under the authority of an order under this section is deemed to be properly done in the exercise of the powers mentioned in subsection (3)( a ). [10/2007] (5) Subsection (4) does not affect any contractual or other rights arising in connection with anything which has been done under the authority of such an order. [10/2007] (6) Any person who contravenes an order under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. [26B [10/2007; 2/2018]


document_id: ca-1994
provision_ref: s28
chapter: PART 7 - APPLICATION OF PROPERTY CY-PR&#200;S
section: 28
title: Disqualifications and effects of removal
content:
28. —(1) Subject to subsections (3) and (4), a person is disqualified from acting in any capacity specified in subsection (2) on the happening of any of the following, whether before, on or after 1 April 2018: ( a ) the person is convicted, whether in Singapore or in any other country or territory, of any offence involving — (i) dishonesty (including fraud, corruption, bribery and deception); or (ii) terrorism, terrorism financing or money laundering; ( b ) the person becomes an undischarged bankrupt; ( c ) the person makes a composition or arrangement with, or grants a trust deed for, the person’s creditors and has not been discharged in respect of it; ( d ) the person becomes subject to any disqualification under section 149, 149A or 154 of the Companies Act 1967. [2/2018] (2) The capacities for the purposes of subsection (1) are the following: ( a ) any member of the governing body or any key officer of — (i) any charity; (ii) any person that is a governing board member of any charity; or (iii) any person that is a member of any charity; ( b ) any trustee for any charity. [2/2018] (3) However, a person who is subject to a disqualification in subsection (1)( b ) or ( d ) may act in a capacity specified in subsection (2) in relation to a charity or person (as the case may be) that is a company, if the person subject to the disqualification has permission under section 148, 149 or 154 of the Companies Act 1967 to act as a director, or to (directly or indirectly) take part in or be concerned in the management, of that company. [2/2018] [Act 25 of 2021 wef 01/04/2022] (4) A person ceases to be disqualified under subsection (1) in the following applicable circumstances: ( a ) for disqualification under subsection (1)( a ), when the person’s conviction is spent; ( b ) for disqualification under subsection (1)( b ), when the person is discharged from bankruptcy; ( c ) for disqualification under subsection (1)( c ), when the person is discharged from the composition, arrangement or trust deed; ( d ) for disqualification under subsection (1)( d ), when the period of disqualification ends. [2/2018] (5) To avoid doubt, nothing in this section affects section 7E(2)( d ) of the Registration of Criminals Act 1949. [2/2018] (6) A person is disqualified from acting in any capacity specified in subsection (7) on the happening of all of the following, whether before, on or after 1 April 2018: ( a ) the person is removed as a governing board member, an officer, an agent or an employee, of a charity or trustee for a charity by an order made by the Commissioner under section 23(1)( c ) or by the General Division of the High Court, or an order is made under section 23(5) declaring that the person is one against whom the Commissioner would have made an order of removal under section 23(1)( c ); and ( b ) the removal is or would have been on the ground of any misconduct or mismanagement in the administration of the charity — (i) for which the person was responsible; (ii) to which the person was privy; or (iii) which the conduct of the person contributed to or facilitated. [2/2018; 40/2019] (7) The capacities for the purposes of subsection (6) are the following: ( a ) any capacity specified in subsection (2); ( b ) each of the relevant capacities as follows: (i) if the person was removed as an officer of a charity, any officer of that charity; (ii) if the person was removed as an agent of a charity, any agent of that charity; (iii) if the person was removed as an employee of a charity, any employee of that charity. [2/2018] (8) A person who is removed (whether before, on or after 1 April 2018) as a governing board member or a key officer of a charity by an order made under section 23(4), is disqualified from acting — ( a ) as any governing board member of that charity; and ( b ) as any key officer of that charity. [2/2018] (9) Where an order is made under section 23(5) declaring that a person is one against whom the Commissioner would have made an order of removal under section 23(4) in respect of a charity, the person is disqualified from acting — ( a ) as any governing board member of that charity; and ( b ) as any key officer of that charity. [27 [2/2018]


document_id: ca-1994
provision_ref: s29
chapter: PART 7 - APPLICATION OF PROPERTY CY-PR&#200;S
section: 29
title: Persons acting in capacity from which disqualified
content:
29. —(1) Any person who acts in a capacity that the person is by reason of section 28 disqualified from acting in (called in this section a disqualified capacity) shall be guilty of an offence. [2/2018] (2) Any thing done by the person acting in a disqualified capacity is not invalid by reason only of the person’s disqualification. [2/2018] (3) Where the Commissioner is satisfied that any person — ( a ) has acted in a disqualified capacity; and ( b ) has received any money by way of remuneration or for expenses, or any benefit in kind, for acting in that disqualified capacity, then, the Commissioner may by order direct the person to repay the whole or any part of the money, or benefit (at the monetary value determined by the Commissioner), received. [2/2018] (4) If the person to whom the order of the Commissioner under subsection (3) is given, without reasonable excuse, fails to comply with the order within the time specified in the order — ( a ) the person shall be guilty of an offence; and ( b ) any amount under the order that is not repaid accrues and is recoverable as a debt due from that person to the person who paid the amount, or provided the benefit represented by the amount, to the firstmentioned person. [2/2018] (5) A person who is guilty of an offence under this section shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. [28 [2/2018]


document_id: ca-1994
provision_ref: s30
chapter: PART 7 - APPLICATION OF PROPERTY CY-PR&#200;S
section: 30
title: Publicity for proceedings under this Part
content:
30. —(1) The Commissioner must not make any order under this Part to establish a scheme for the administration of a charity unless at least one month previously there has been given public notice of the Commissioner’s proposals, inviting representations to be made to the Commissioner within a time specified in the notice, which must be at least one month from the date of the notice. (2) The Commissioner must not make any order under this Part to appoint, discharge or remove a governing board member or key officer of a charity or trustee for a charity (other than the Public Trustee), unless at least one month previously there has been given the like public notice as is required by subsection (1) for an order establishing a scheme, but this subsection does not apply in the case of — ( a ) an order under section 23(2)( d ); or ( b ) an order discharging or removing a governing board member or key officer or trustee if the Commissioner is of the opinion that it is unnecessary and not in the interest of the charity to give publicity to the proposal to discharge or remove the governing board member or key officer or trustee. [34/2010] (3) Before the Commissioner makes an order under this Part to remove without his or her consent a governing board member of a charity or trustee for a charity, or an officer, agent or employee of a charity, the Commissioner must, unless that person cannot be found or has no known address in Singapore, give him or her at least one month’s notice of the Commissioner’s proposal, inviting representations to be made to the Commissioner within a time specified in the notice. [34/2010] (4) Where notice is given of any proposal as required by subsection (1), (2) or (3), the Commissioner must take into consideration any representation made about the proposal within the time specified in the notice, and may (without further notice) proceed with the proposal either without modification or with such modification as appears to the Commissioner to be desirable. (5) Where the Commissioner makes an order which is subject to appeal under section 22(5), the order must be published either by giving public notice of it or by giving notice of it to all persons entitled to appeal against it under that subsection, as the Commissioner thinks fit. (6) Where the Commissioner makes an order under this Part to establish a scheme for the administration of a charity, a copy of the order must, for at least one month after the order is published, be available for public inspection at all reasonable times at the office of the Commissioner. (7) Any notice to be given under this section of any proposals or order must give such particulars of the proposals or order, or such directions for obtaining information about them, as the Commissioner thinks sufficient and appropriate, and any public notice is to be given in the manner the Commissioner thinks sufficient and appropriate. (8) Any notice to be given under this section, other than a public notice, may be given by post and, if given by post, may be addressed to the recipient’s last known address in Singapore. [29


document_id: ca-1994
provision_ref: s31
chapter: PART 7 - APPLICATION OF PROPERTY CY-PR&#200;S
section: 31
title: Power to authorise dealings with charity property, etc.
content:
31. —(1) Subject to this section, where it appears to the Commissioner that any action proposed or contemplated in the administration of a charity is expedient in the interests of the charity, the Commissioner may by order sanction that action, whether or not it would otherwise be within the powers exercisable by the governing board members in the administration of the charity; and anything done under the authority of that order is deemed to be properly done in the exercise of those powers. [34/2010] (2) An order under this section may be made so as to authorise a particular transaction, compromise or the like, or a particular application of property, or so as to give a more general authority, and (without limiting subsection (1)) may authorise a charity to use common premises, or employ a common staff, or otherwise combine for any purpose of administration, with any other charity. (3) An order under this section may give directions as to the manner in which any expenditure is to be borne and as to other matters connected with or arising out of the action thereby authorised; and where anything is done pursuant to an authority given by any such order, any directions given in connection therewith are binding on the governing board members for the time being as if contained in the governing instruments of the charity except that those directions may on the application of the charity be modified or superseded by a further order. [34/2010] (4) Without limiting subsection (3), the directions which may be given by an order under this section in particular include directions for — ( a ) meeting any expenditure out of a specified fund; ( b ) charging any expenditure to capital or to income; ( c ) requiring expenditure charged to capital to be recouped out of income within a specified period; ( d ) restricting the costs to be incurred at the expense of the charity; or ( e ) the investment of moneys arising from any transaction. [30


document_id: ca-1994
provision_ref: s32
chapter: PART 7 - APPLICATION OF PROPERTY CY-PR&#200;S
section: 32
title: Taking of legal proceedings
content:
32. —(1) Charity proceedings may be taken with reference to a charity either by the charity, or by any of the governing board members, or by any person interested in the charity, but not by any other person. [34/2010] (2) Subject to this section, no charity proceedings relating to a charity (other than an exempt charity) may be entertained or proceeded with in any court unless the taking of the proceedings is authorised by order of the Commissioner. (3) The Commissioner must not, without special reasons, authorise the taking of charity proceedings where in his or her opinion the case can be dealt with by him or her under the powers of this Act. (4) This section does not require any order for the taking of proceedings in a pending cause or matter or for the bringing of any appeal. (5) Where subsection (2) requires the taking of charity proceedings to be authorised by an order of the Commissioner, the proceedings may nevertheless be entertained or proceeded with if, after the order had been applied for and refused, permission to take the proceedings was obtained from the General Division of the High Court. [40/2019] [Act 25 of 2021 wef 01/04/2022] (6) Nothing in subsections (1) to (5) applies to the taking of proceedings by the Attorney‑General, with or without a relator. (7) Where it appears to the Commissioner, on an application for an order under this section or otherwise, that it is desirable for legal proceedings to be taken with reference to any charity (other than an exempt charity) or its property or affairs, and for the proceedings to be taken by the Attorney‑General, the Commissioner must so inform the Attorney‑General, and send the Attorney‑General such statements and particulars as the Commissioner thinks necessary to explain the matter. (8) In this section, “charity proceedings” means proceedings in the General Division of the High Court brought under the jurisdiction of the General Division of the High Court with respect to charities, or brought under the jurisdiction of the General Division of the High Court with respect to trusts in relation to the administration of a trust for charitable purposes. [31 [40/2019]


document_id: ca-1994
provision_ref: s33
chapter: PART 7 - APPLICATION OF PROPERTY CY-PR&#200;S
section: 33
title: Charitable companies
content:
33. —(1) Where a charity may be wound up by the General Division of the High Court under the Insolvency, Restructuring and Dissolution Act 2018, an application for it to be wound up under that Act by the General Division of the High Court may be made by the Attorney‑General, as well as by any person authorised by that Act. [40/2018; 40/2019] (2) Where a charity is a company or other body corporate, and has power to alter the instruments establishing or regulating it as a body corporate, no exercise of that power which has the effect of the body corporate ceasing to be a charity is valid so as to affect the application of — ( a ) any property acquired under any disposition or agreement previously made otherwise than for full consideration in money or money’s worth; ( b ) any property representing property referred to in paragraph ( a ); ( c ) any property representing income which has accrued before the alteration is made; or ( d ) the income from any property referred to in paragraphs ( a ) to ( c ). [32


document_id: ca-1994
provision_ref: s34
chapter: PART 7 - APPLICATION OF PROPERTY CY-PR&#200;S
section: 34
title: Power to relieve governing board members, etc., from personal liability
content:
34. —(1) If in any proceedings for negligence, default, breach of duty or breach of trust against a person to whom this section applies, whether appointed by the court or otherwise, it appears to the court before which the proceedings are taken that — ( a ) the person is or may be liable in respect thereof; but ( b ) the person has acted honestly and reasonably and, having regard to all the circumstances of the case, the person ought fairly to be excused for the negligence, default or breach, the court may relieve the person either wholly or partly from the person’s liability on such terms as the court thinks fit. [34/2010] (2) Where any person to whom this section applies has reason to apprehend that any claim will or might be made against the person in respect of any negligence, default, breach of duty or breach of trust, the person may apply to the General Division of the High Court for relief, and the General Division of the High Court has the same power to relieve the person as it would have had, under subsection (1), if it had been a court before which proceedings against the person for negligence, default, breach of duty or breach of trust had been brought. [34/2010; 40/2019] (3) Without limiting subsection (1), the circumstances of the case referred to in subsection (1) may include the circumstances connected with the appointment of the person. [34/2010] (4) To avoid doubt and without limiting subsection (1), “liability” includes the liability of a person to whom this section applies to account for profits made or received. [34/2010] (5) The persons to whom this section applies are — ( a ) governing board members or trustees for charities; and ( b ) receivers and managers in respect of the property and affairs of a charity (whether appointed under this Act or otherwise). [32A [34/2010]


document_id: ca-1994
provision_ref: s35
chapter: PART 8 - FUND-RAISING APPEALS
section: 35
title: Interpretation of this Part
content:
35. —(1) In this Part and any regulations made for the purpose of this Part, unless the context otherwise requires — “charitable contributions”, in relation to any representation made by any commercial participator or other person, means — ( a ) the whole or part of — (i) the consideration given for goods or services sold or supplied by the commercial participator or person; or (ii) any proceeds (other than such consideration) of a promotional venture undertaken by the commercial participator or person; or ( b ) sums given by the commercial participator or person by way of donation in connection with the sale or supply of any such goods or services (whether the amount of such sums is determined by reference to the value of the goods or services or otherwise); “charitable institution” means a charity or an institution (other than a charity) which is established for charitable, benevolent or philanthropic purposes; “collector”, in relation to a fund-raising appeal, means any person by whom that appeal is made (whether made by the person alone or with others and whether made by the person for remuneration or otherwise); “commercial fund-raiser” means any person who for reward solicits or otherwise procures money or other property for, or purportedly for, the benefit of a charity or any charitable, benevolent or philanthropic purpose; “commercial participator”, in relation to any charitable institution, means any person who carries on for gain a business other than a fund‑raising business, but in the course of that business, engages in any promotional venture in the course of which it is represented that charitable contributions are to be given to or applied for the benefit of the institution; “fund‑raising appeal” means — ( a ) an appeal by any person, whether made expressly or impliedly, for money or other property (whether as consideration or otherwise) that is made in association with a representation that the whole or any part of the money or property, or proceeds or returns from the money or property, will be applied for any charitable, benevolent or philanthropic purpose; or ( b ) the receipt by any person of any money or other property (whether as consideration or otherwise) that is given in whole or in part for any charitable, benevolent or philanthropic purpose; “fund-raising business” means any business carried on for gain and wholly or primarily engaged in soliciting or otherwise procuring money or other property for charitable, benevolent or philanthropic purposes; “proceeds”, in relation to a fund-raising appeal, means all money or other property given (whether for consideration or otherwise) in response to the fund‑raising appeal in question; “promotional venture” means any advertising or sales campaign or any other venture undertaken for promotional purposes; “represent” and “solicit” mean, respectively, represent and solicit in any manner, whether expressly or impliedly and whether done — ( a ) by speaking directly to the person or persons to whom the representation or solicitation is addressed (whether or not in the presence of the person or persons); or ( b ) by means of a statement published in any newspaper, film or radio or television programme, or otherwise, and references to a representation or solicitation are to be construed accordingly; “services” includes facilities and, in particular — ( a ) access to any premises or event; ( b ) membership of any organisation; ( c ) the provision of advertising space; and ( d ) the provision of any financial facilities, and references to the supply of services are to be construed accordingly. [34/2010; 2/2018] (2) In this Part and any regulations made for the purpose of this Part — ( a ) any reference to charitable purposes, where occurring in the context of a reference to charitable, benevolent or philanthropic purposes, is a reference to charitable purposes whether or not the purposes are charitable within the meaning of any rule of law; and ( b ) any reference to soliciting or otherwise procuring money or other property is a reference to soliciting or otherwise procuring money or other property whether any consideration is, or is to be, given in return for the money or other property or not. [34/2010] (3) Where — ( a ) any solicitation of money or other property for the benefit of a charitable institution is made in accordance with arrangements between any person and that institution; and ( b ) under those arrangements, the person will be responsible for receiving on behalf of the institution money or other property given in response to the solicitation, then (if the person would not be so regarded apart from this subsection) that person is regarded for the purposes of this Part as soliciting money or other property for the benefit of the institution. [39 [34/2010]


document_id: ca-1994
provision_ref: s36
chapter: PART 8 - FUND-RAISING APPEALS
section: 36
title: Prohibition on conducting fund-raising appeal without permit
content:
36. —(1) No person may conduct or participate in any fund‑raising appeal unless the person is — ( a ) exempt from the provision of this section; or ( b ) a person to whom a permit has been granted by the Commissioner in accordance with regulations made for the purpose of this section. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. (3) The Minister, or such person as he or she may appoint, may exempt any person or class of persons from the provision of this section. [39A


document_id: ca-1994
provision_ref: s37
chapter: PART 8 - FUND-RAISING APPEALS
section: 37
title: Power of Commissioner to prohibit or restrict, or suspend, fund‑raising appeal
content:
37. —(1) Despite any exemption or permit granted under section 36, the Commissioner may, at any time, by order in the Gazette — ( a ) prohibit or stop the conduct of any fund‑raising appeal by any charity or person; or ( b ) restrict the conduct of any fund‑raising appeal by any charity or person by imposing conditions, if the Commissioner is satisfied — ( c ) that any fund-raising appeal conducted by the charity or person has not been conducted in good faith for charitable, benevolent or philanthropic purposes; ( d ) that any of the persons who have conducted a fund-raising appeal, or any persons associated with any such appeal, are not fit and proper persons to administer, or to be associated with, a fund‑raising appeal for charitable, benevolent or philanthropic purposes; ( e ) that any fund-raising appeal has been improperly administered; ( f ) that, in connection with any fund-raising appeal conducted, the provisions of this Act or the regulations or the conditions imposed by the Commissioner were not complied with by any person conducting or participating in the appeal; or ( g ) that, in the public interest, the fund-raising appeal should not be conducted. [10/2007; 2/2018] (2) Without affecting subsection (1) and despite any exemption or permit granted under section 36, the Commissioner may by order in the Gazette suspend the conduct of any fund‑raising appeal if the Commissioner has reason to suspect that the circumstances in paragraph ( c ), ( d ), ( e ), ( f ) or ( g ) of subsection (1) apply to the fund‑raising appeal. [2/2018] (3) An order of suspension under subsection (2) must be for a fixed period, but the Commissioner may make one or more further extensions of that order, each for a fixed period. [2/2018] (4) The total period of suspension under the order of suspension and every extension under subsection (3) must not exceed 24 months. [2/2018] (5) Any person who conducts any fund-raising appeal in contravention of any order made by the Commissioner under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. [39B [2/2018]


document_id: ca-1994
provision_ref: s38
chapter: PART 8 - FUND-RAISING APPEALS
section: 38
title: Regulations relating to fund-raising appeals
content:
38. —(1) The Minister may make regulations for the purposes of this Part, including provisions — ( a ) regulating the conduct of commercial fund‑raisers and commercial participators in relation to fund‑raising appeals, and in particular — (i) prescribing the form and content of agreements between a charitable institution and commercial fund‑raisers, commercial participators or any other persons conducting or participating in a fund‑raising appeal for the benefit of the institution; (ii) providing for the refund of charitable contributions or cancellation of agreements or undertakings made by donors in response to a fund‑raising appeal, where notice of the donor’s intention to cancel the agreement, undertaking or charitable contribution has been given to the relevant fund‑raiser within a prescribed period; (iii) requiring commercial fund-raisers or commercial participators or other persons conducting or participating in a fund‑raising appeal for the benefit of a charitable institution to make available to the institution books, documents or other records (however kept) which relate to the institution; and (iv) specifying the manner in which money or other property acquired by such commercial fund‑raisers or commercial participators or other persons for the benefit of, or otherwise falling to be given to or applied by such persons for the benefit of, charitable institutions is to be transmitted to the institutions; and ( b ) regulating the raising of funds for charitable, benevolent or philanthropic purposes (whether by commercial fund‑raisers or commercial participators or otherwise) or the conduct of fund‑raising appeals, including provisions prohibiting persons under a prescribed age from acting as collectors and prohibiting others from causing them so to act and determining the remuneration of the collectors. [34/2010] (2) In subsection (1)( a )(iv), the reference to money or other property includes a reference to money or other property which, in the case of a commercial fund‑raiser or commercial participator, has been acquired by the commercial fundraiser or commercial participator otherwise than in accordance with an agreement with a charitable institution, but by reason of any solicitation or representation in consequence of which it has been acquired, is held by the commercial fundraiser or commercial participator on trust for such an institution. [39C [34/2010]


document_id: ca-1994
provision_ref: s39
chapter: PART 8 - FUND-RAISING APPEALS
section: 39
title: Exclusion of judicial review
content:
39. —(1) There is to be no judicial review in any court of any act done or decision made by the Minister or Commissioner under any regulations made for the purpose of section 36 except in regard to any question relating to compliance with any procedural requirement of 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; or ( c ) any other suit or action relating to or arising out of any act done or decision made pursuant to any power conferred upon the Minister or Commissioner by any regulations made for the purpose of section 36. [40


document_id: ca-1994
provision_ref: s40
chapter: PART 9 - INSTITUTIONS OF A PUBLIC CHARACTER AND
section: 40
title: Interpretation of this Part
content:
40. In this Part, unless the context otherwise requires — “institution of a public character” means a registered charity or an exempt charity in Singapore — ( a ) that is approved as an institution of a public character by the Minister, Commissioner or any Sector Administrator on the application of the charity; or ( b ) which is deemed as an institution of a public character under any written law; “sector”, in relation to a Sector Administrator, means the class or classes of charities or institutions of a public character that the Minister has by notice in the Gazette designated as under the supervision of that Sector Administrator; “Sector Administrator” means any person or organisation appointed to be a Sector Administrator under section 41. [40A [2/2018]


document_id: ca-1994
provision_ref: s41
chapter: PART 9 - INSTITUTIONS OF A PUBLIC CHARACTER AND
section: 41
title: Appointment of Sector Administrators
content:
41. The Minister may appoint any person or organisation to be a Sector Administrator for one or more of the following purposes: ( a ) regulating the administration of charities within the sector; ( b ) approving institutions as institutions of a public character from among such class or classes of institutions as the Minister or Commissioner may determine; ( c ) regulating the administration of donations made to institutions of a public character within the sector; ( d ) exercising such other functions and powers as the Minister may determine. [40B


document_id: ca-1994
provision_ref: s42
chapter: PART 9 - INSTITUTIONS OF A PUBLIC CHARACTER AND
section: 42
title: Regulations relating to institutions of a public character and Sector Administrators
content:
42. —(1) The Minister may make regulations to provide for — ( a ) the manner and criteria to be adopted — (i) for the approval of institutions of a public character; and (ii) for the extension and revocation of the approval granted to institutions of a public character; ( b ) the regulation of any amendment of the constitution or any other governing instrument of any institution of a public character; ( c ) the use of donations, issue of tax deduction receipts and maintenance of donation records and accounts by institutions of a public character; ( d ) the regulation of institutions of a public character, including the application of provisions in the Act to institutions of a public character, whether or not such institutions are charities; ( e ) the delegation by the Commissioner to any Sector Administrator of any of the Commissioner’s functions or powers, except those which are exercisable under sections 22, 23, 24, 26, 27 and 31; ( f ) the procedures for appeal against decisions made by Sector Administrators; and ( g ) generally giving effect to or for carrying out the purposes of this Part. (2) Regulations made under subsection (1) may provide for the consequences of a contravention by any person of any regulation made under that subsection, as follows: ( a ) where the person is a registered charity or an exempt charity, the Minister, Commissioner or appropriate Sector Administrator may revoke the approval of the person as an institution of a public character given by the Minister, Commissioner or Sector Administrator, as the case may be; ( b ) that the person shall be guilty of an offence and shall be liable on conviction — (i) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and (ii) in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction; ( c ) for a contravention of a regulation relating to the issue of tax deduction receipts which is not an offence under paragraph ( b ), that the person shall be liable to pay to the Commissioner a financial penalty, being the higher of the following amounts: (i) $100; (ii) the amount ascertained by the formula 0.4 &#215; the total value of the donations (as determined under section 37(3) of the Income Tax Act 1947) which ought not to be allowed a deduction under section 37(3) of the Income Tax Act 1947 by reason of the contravention, if any. [2/2018] (3) Any financial penalty payable by any institution of a public character under subsection (2)( c ) is recoverable as a debt due to the Government. [2/2018] (4) The Commissioner may remit or refund the whole or any part of the financial penalty payable by any institution of a public character under subsection (2)( c ). [2/2018] (5) Any financial penalty paid under subsection (2)( c ) must, after deducting any remission or refund under subsection (4), be paid into the Consolidated Fund. [2/2018] (6) Any financial penalty imposed under subsection (2)( c ) is deemed to be interest on tax for the purposes of section 33(2) of the Limitation Act 1959. [2/2018] (7) Where any Sector Administrator contravenes any regulations made under subsection (1), the Minister may revoke the appointment of the Sector Administrator. [40C


document_id: ca-1994
provision_ref: s43
chapter: PART 10 - MISCELLANEOUS
section: 43
title: Manner of giving notice of charity meetings, etc.
content:
43. —(1) All notices which are required or authorised by the governing instruments of a charity to be given to a governing board member, member or subscriber may be sent by post, and, if sent by post, may be addressed to any address given as the address of the governing board member, member or subscriber (as the case may be) in the list of governing board members, members or subscribers for the time being in use at the office or principal office of the charity. [34/2010] (2) Where any such notice required to be given under subsection (1) is given by post, it is deemed to have been given by the time at which the letter containing it would be delivered in the ordinary course of post. (3) No notice required to be given under subsection (1) of any meeting or election need be given to any governing board member, member or subscriber, if in the list of governing board members, members or subscribers, the governing board member, member or subscriber (as the case may be) has no address in Singapore. [41 [34/2010]


document_id: ca-1994
provision_ref: s44
chapter: PART 10 - MISCELLANEOUS
section: 44
title: Power of Commissioner to call for documents and search records
content:
44. —(1) The Commissioner may, for the purpose of discharging the functions of the Commissioner under this Act, by order require any person to furnish the Commissioner, within the time specified in the order — ( a ) any information relating to any charity or fund‑raising appeal that — (i) is within the knowledge of the person; or (ii) comes within the knowledge of the person within a period specified in the order that does not exceed 2 years after the date of the order; and ( b ) any document relating to any charity or fund-raising appeal that — (i) is in the possession or under the control of the person; or (ii) comes into the possession or under the control of the person within a period specified in the order that does not exceed 2 years after the date of the order. [34/2010; 2/2018] (2) An order under subsection (1)( b ) may require — ( a ) a copy or extract of the document to be furnished to the Commissioner; or ( b ) unless the document forms part of the records or other documents of a court or public authority, the document itself to be furnished to the Commissioner for the Commissioner’s inspection. [2/2018] (3) The Commissioner is entitled without payment to keep any copy or extract furnished to the Commissioner under subsection (1); and where a document furnished to the Commissioner for his or her inspection relates only to one or more charities and is not held by any person entitled as trustee or otherwise to the custody of the document, the Commissioner may keep it or may deliver it to the governing board members or to any other person who may be so entitled. [34/2010; 2/2018] (4) The Commissioner or any officer authorised by the Commissioner in that behalf has at all times full and free access to all buildings, places, books, documents and other papers for the purpose of discharging his or her functions under this Act, and may, without payment, inspect, copy or make extracts from any such books, documents or papers. [34/2010] (5) The Commissioner may take possession of any books, documents or papers where in his or her opinion — ( a ) the inspection, copying thereof or extraction therefrom cannot reasonably be performed without taking possession; ( b ) the books, documents or papers may be interfered with or destroyed unless possession is taken; or ( c ) the books, documents or papers may be required as evidence in proceedings for an offence under this Act or any regulations made thereunder. [34/2010] (6) The Commissioner may require any person to give orally or in writing, as may be required, all such information concerning any charity or fund‑raising appeal as may be demanded of the person by the Commissioner for the purposes of this Act. [34/2010] (7) The rights conferred by this section, in relation to information recorded otherwise than in legible form, include the right to require the information to be made available in legible form for inspection or for a copy or extract to be made of or from it. [34/2010] (8) Any person who, without reasonable excuse, fails to comply with any requirement specified in any order under subsection (1) or any requirement under subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. [34/2010; 2/2018] (9) Subject to section 46(2), no person is, by virtue of this section, obliged to disclose any particulars as to which the person is under any statutory obligation to observe secrecy. [34/2010] (10) In this section, “fund-raising appeal” has the meaning given by section 35(1). [41A [34/2010]


document_id: ca-1994
provision_ref: s45
chapter: PART 10 - MISCELLANEOUS
section: 45
title: Supply of false or misleading information to Commissioner, etc.
content:
45. —(1) Any person who knowingly or recklessly provides the Commissioner with information which is false or misleading in a material particular shall be guilty of an offence if the information is provided — ( a ) in purported compliance with a requirement imposed by or under this Act; or ( b ) otherwise than as mentioned in paragraph ( a ) but in circumstances in which the person providing the information intends, or could reasonably be expected to know, that it would be used by the Commissioner for the purpose of discharging the Commissioner’s functions under this Act. [34/2010] (2) Any person who wilfully alters, suppresses, conceals or destroys any document which the person is or is liable to be required, by or under this Act, to produce to the Commissioner shall be guilty of an offence. [34/2010] (3) Any person guilty of an offence under this section 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. [34/2010; 2/2018] (4) In this section, references to the Commissioner include references to any person conducting an inquiry under section 10. [41B [34/2010]


document_id: ca-1994
provision_ref: s46
chapter: PART 10 - MISCELLANEOUS
section: 46
title: Disclosure of information to and by Commissioner
content:
46. —(1) Subject to subsection (2) and to any express restriction imposed by or under any other written law, a body or person to whom this section applies may disclose to the Commissioner any information received by that body or person under or for the purposes of any written law, where the disclosure is made by the body or person for the purpose of enabling or assisting the Commissioner to discharge any of the Commissioner’s functions. [34/2010] (2) Subsection (1) does not have effect in relation to the Comptroller of Income Tax; but the Comptroller may disclose to the Commissioner the following information: ( a ) the name and address of any institution which has for any purpose been treated by the Comptroller as established for charitable purposes; ( b ) information as to the purposes of an institution and the governing instruments under which it is established or regulated, where the disclosure is made by the Comptroller in order to give or obtain assistance in determining whether the institution ought for any purpose to be treated as established for charitable purposes; ( c ) information with respect to an institution which has for any purpose been treated as so established but which appears to the Comptroller — (i) to be, or to have been, carrying on activities which are not charitable; or (ii) to be, or to have been, applying any of its funds for purposes which are not charitable. [34/2010] (3) Subject to subsection (4), the Commissioner may disclose to a body or person to whom this section applies any information received by the Commissioner under or for the purposes of any written law, where the disclosure is made by the Commissioner — ( a ) for any purpose connected with the discharge of the Commissioner’s functions; and ( b ) for the purpose of enabling or assisting that body or person to discharge any of the functions of that body or person. [34/2010] (4) Where any information disclosed to the Commissioner under subsection (1) or (2) is so disclosed subject to any express restriction on the disclosure of the information by the Commissioner, the Commissioner’s power of disclosure under subsection (3) is, in relation to the information, exercisable by him or her subject to any such restriction. [34/2010] (5) This section applies to the following bodies and persons: ( a ) any Government department; ( b ) any statutory authority; ( c ) any police officer; ( d ) any other body or person discharging functions of a public nature (including a body or person discharging regulatory functions in relation to any description of activities). [34/2010] (6) Nothing in this section is to be construed as affecting any power of disclosure exercisable apart from this section. [41C [34/2010]


document_id: ca-1994
provision_ref: s47
chapter: PART 10 - MISCELLANEOUS
section: 47
title: Miscellaneous provisions as to orders of Commissioner
content:
47. —(1) Any order made by the Commissioner under this Act may include such incidental or supplementary provisions as the Commissioner thinks expedient for carrying into effect the objects of the order. (2) Where the Commissioner makes an order under this Act, then (without affecting the requirements of this Act where the order is subject to appeal) the Commissioner may personally give such public notice as he or she thinks fit of the making or contents of the order, or may require it to be given by any person on whose application the order is made or by any charity affected by the order. (3) The Commissioner may, at any time within 12 months after making an order under this Act, if the Commissioner is satisfied that the order was made by mistake or on misrepresentation or otherwise than in conformity with this Act, with or without any application or reference to him or her, discharge the order in whole or in part, and subject or not to any saving or other transitional provisions. (4) Except for the purposes of subsection (3) or of an appeal under this Act, an order made by the Commissioner under this Act is deemed to have been duly and formally made and not be called in question on the ground only of irregularity or informality, but (subject to any further order) have effect according to its tenor. [42


document_id: ca-1994
provision_ref: s48
chapter: PART 10 - MISCELLANEOUS
section: 48
title: Service of documents
content:
48. —(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. [2/2018] (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; ( f ) by sending it by email to the individual’s email address; or ( g ) by transmitting an electronic record of it to an account which the individual has with any electronic transactions service. [2/2018] (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other like officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; ( d ) by sending it by email to the partnership’s email address; or ( e ) by transmitting an electronic record of it to an account which the partnership has with any electronic transactions service. [2/2018] (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other like officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office in Singapore; ( c ) by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore; ( d ) by sending it by email to the body corporate’s or unincorporated association’s email address; or ( e ) by transmitting an electronic record of it to an account which the body corporate or unincorporated association has with any electronic transactions service. [2/2018] (5) Service of a document under this section takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; ( 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); and ( d ) if the document is sent through any electronic transactions service, at the time when the electronic record of the document enters the person’s account with the electronic transactions service. [2/2018] (6) A document may be served on a person under this Act by email only with that person’s prior written consent. [2/2018] (7) A document may be served on a person under this Act through any electronic transactions service only if the document is a prescribed document. [2/2018] (8) This section does not apply to documents to be served in proceedings in court. [2/2018] (9) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “document” includes a direction, order or notice permitted or required by this Act to be served; “electronic transactions service” means any electronic transactions service provided for in regulations made under section 57; “email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore. [43 [2/2018]


document_id: ca-1994
provision_ref: s49
chapter: PART 10 - MISCELLANEOUS
section: 49
title: Holding out as registered charity or institution of a public character
content:
49. Where any institution holds itself out to be a registered charity or an institution of a public character when it is not a registered charity or an institution of a public character (as the case may be), the institution and any person acting or purporting to act on behalf of or for the benefit of the institution, unless the person proves that such holding out by the institution was made without the person’s knowledge or consent, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. [43A [34/2010]


document_id: ca-1994
provision_ref: s50
chapter: PART 10 - MISCELLANEOUS
section: 50
title: Offences by corporations
content:
50. —(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. [2/2018] (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 the same offence as is the corporation, and shall be liable on conviction to be punished accordingly. [2/2018] (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. [2/2018] (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. [2/2018] (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 that corporation is convicted of the offence. [2/2018] (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. [44 [2/2018]


document_id: ca-1994
provision_ref: s51
chapter: PART 10 - MISCELLANEOUS
section: 51
title: Offences by unincorporated associations or partnerships
content:
51. —(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. [2/2018] (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 that unincorporated association or partnership 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, and shall be liable on conviction to be punished accordingly. [2/2018] (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. [2/2018] (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. [2/2018] (5) To avoid doubt, subsection (2) also does not affect the liability of the unincorporated association or the partnership for an offence under this Act, and applies whether or not that unincorporated association or that partnership is convicted of the offence. [2/2018] (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. [44A [2/2018]


document_id: ca-1994
provision_ref: s52
chapter: PART 10 - MISCELLANEOUS
section: 52
title: Enforcement of orders of Commissioner
content:
52. A person guilty of disobedience — ( a ) to an order of the Commissioner under section 22 or 23 requiring a transfer of property or payment to be called for or made; or ( b ) to an order of the Commissioner requiring a default under this Act to be made good, may on the application of the Commissioner to the General Division of the High Court be dealt with as for disobedience to an order of the General Division of the High Court. [45 [40/2019]


document_id: ca-1994
provision_ref: s53
chapter: PART 10 - MISCELLANEOUS
section: 53
title: Appeals from Commissioner
content:
53. —(1) Provisions may be made by Rules of Court for regulating appeals to the General Division of the High Court under this Act against orders or decisions of the Commissioner. [40/2019] (2) On such an appeal — ( a ) the Attorney-General is entitled to appear and be heard; and ( b ) such other persons as the Rules allow or as the General Division of the High Court may direct may appear and be heard. [46 [40/2019]


document_id: ca-1994
provision_ref: s54
chapter: PART 10 - MISCELLANEOUS
section: 54
title: Protection from liability
content:
54. —(1) No action, suit or other legal proceedings shall lie against the Commissioner, the Deputy Commissioner, any Assistant Commissioner, any officer appointed or authorised by the Commissioner or any Sector Administrator appointed under section 41, for anything done (including any statement made) or omitted to be done in good faith in the course of or in connection with — ( a ) the exercise or purported exercise of any power under this Act or any other written law; ( b ) the performance or purported performance of any function or the discharge or purported discharge of any duty under this Act or any other written law; or ( c ) the compliance or purported compliance with this Act or any other written law. [2/2018] (2) Without affecting subsection (1), the Commissioner, Deputy Commissioner, every Assistant Commissioner and other officer appointed under section 3, and the Government, are not liable for any loss or damage, suffered by any person by reason of any error or omission resulting from — ( a ) any malfunction in any electronic transactions service provided for in regulations made under section 57, if the malfunction occurred despite the Commissioner, Deputy Commissioner, Assistant Commissioner, officer or Government having acted in good faith and with reasonable care to prevent the malfunction; or ( b ) any fault or failure on the part of the person using the electronic transactions service. [46A [2/2018]


document_id: ca-1994
provision_ref: s55
chapter: PART 10 - MISCELLANEOUS
section: 55
title: Power to compound
content:
55. —(1) The Commissioner may compound any offence under this Act or any regulations made under this Act that is prescribed as an offence which may be compounded by collecting from a person reasonably suspected of having committed the offence a sum not exceeding one half of the amount of the maximum fine that is prescribed for the offence. (2) The Minister may prescribe the offences which may be compounded. [47


document_id: ca-1994
provision_ref: s56
chapter: PART 10 - MISCELLANEOUS
section: 56
title: Prosecution of offences
content:
56. Proceedings in respect of any offence under this Act or any regulations made under this Act may, with the authorisation of the Public Prosecutor, be conducted by any public officer who is authorised to conduct such proceedings by the Commissioner. [47A [15/2010]


document_id: ca-1994
provision_ref: s57
chapter: PART 10 - MISCELLANEOUS
section: 57
title: Regulations
content:
57. —(1) The Minister may make any regulations that the Minister considers necessary or expedient for giving full effect to the provisions and purposes of this Act and for the due administration thereof. (2) Without limiting subsection (1), any such regulations may — ( a ) prescribe the procedures and conditions for the registration of charities or any class of charities; ( b ) prescribe the fees for the inspection of the register of charities or of other material kept by the Commissioner and for other services provided by the Commissioner; ( c ) provide for the obligations, or otherwise to regulate the conduct, of any person that is given or provided with any money or other property (whether as consideration or otherwise) for or in connection with any charitable, benevolent or philanthropic purpose; ( d ) provide for an electronic transactions service for any one or more of the following purposes: (i) for any person to submit or serve on the Commissioner electronically any application, document or information; (ii) for the Commissioner to serve any notice or other document on any person under this Act; (iii) for the Commissioner to publish or supply to any person any application, document or information; (iv) for any other prescribed purpose; ( e ) prescribe any other matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Act. [34/2010; 2/2018] (3) Regulations made for the purpose of subsection (2)( d ) may — ( a ) provide for the manner in which and the persons by which the electronic transactions service may be used; ( b ) require that any prescribed application, document or information must be submitted to or served on the Commissioner only through the electronic transactions service; ( c ) provide that any prescribed application, document, or information, submitted to a prescribed public authority in the prescribed manner, is treated as having been submitted through the electronic transactions service to the Commissioner; ( d ) provide for the circumstances and the manner for correcting any error or omission in any application, document or information submitted, served, published or supplied through the electronic transactions service; ( e ) despite the Evidence Act 1893, provide for the admissibility of electronic records, and copies and printouts of such records, of any application, document or information submitted, served, published or supplied through the electronic transactions service, as evidence of the facts contained in the record, copy or printout; and ( f ) provide for any other matter necessary or incidental to the use, maintenance or management of the electronic transactions service. [2/2018] (4) Regulations made under this Act (other than section 42) may provide that any person that 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 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. [2/2018] (5) All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette . [48


document_id: ca-1994
provision_ref: s58
chapter: PART 10 - MISCELLANEOUS
section: 58
title: Transitional provisions
content:
58. —(1) Any document or order made or thing done under any provision of the repealed Charities Act (Cap. 37, 1985 Revised Edition), and every such document, order or thing so far as it is subsisting or in force on 1 January 1995, continues and has effect as if it had been made or done under the corresponding provisions of this Act. (2) In any written law, any reference to the repealed Charities Act (Cap. 37, 1985 Revised Edition) is read as a reference to this Act. [49


document_id: ca-2004
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “anticipated merger” means an arrangement that is in progress or contemplation and that, if carried into effect, will result in the occurrence of a merger referred to in section 54(2); “block exemption” has the meaning given by section 36(5); “block exemption order” has the meaning given by section 36(3); “Board” means the Competition Appeal Board established under section 72; “Chairperson” means the Chairperson of the Commission and includes any temporary Chairperson of the Commission; “Chief Executive” means the Chief Executive of the Commission, and includes any individual acting in that capacity; “Commission” means the Competition and Consumer Commission of Singapore established by section 3; “consumer” and “consumer transaction” have the meanings given by section 2(1) of the Consumer Protection (Fair Trading) Act 2003; [Act 13 of 2025 wef 01/07/2025] “consumer goods” means any goods to which Part 3 of the Consumer Protection (Trade Descriptions and Safety Requirements) Act 1975 applies, whether or not supplied in the course of a consumer transaction; [Act 13 of 2025 wef 01/07/2025] “consumer protection” means all or any of the following: ( a ) promoting fair trading practices among suppliers and consumers and enabling consumers to make informed decisions about consumer transactions in Singapore; ( b ) preventing suppliers in Singapore from engaging in unfair trading practices in relation to consumer transactions; ( c ) promoting and enforcing the supply of safe consumer goods in Singapore and the provision of relevant safety information about consumer goods; [Act 13 of 2025 wef 01/07/2025] “Deputy Chairperson” means the Deputy Chairperson of the Commission and includes any temporary Deputy Chairperson of the Commission; “document” includes information recorded in any form; “goods” includes — ( a ) buildings and other structures; ( b ) ships, aircraft and hovercraft; ( c ) gas and electricity; and ( d ) choses in action; “information” includes estimates and forecasts; “inspector” means an inspector appointed by the Commission to conduct any investigation under section 62; “investigating officer” has the meaning given by section 64(1); “legal metrology” means — ( a ) the use of uniform weights and measures; ( b ) the use of accurate weighing or measuring instruments for trade; and ( c ) the provision of relevant information relating to quantity in the supply of goods; [Act 13 of 2025 wef 01/07/2025] “member” means a member of the Commission; “party involved in a merger” means a person or an undertaking specified in section 54(2) and includes the merged entity; “party to an anticipated merger” means a person or an undertaking which would be a person or an undertaking specified in section 54(2) if the anticipated merger were carried into effect; “person” includes any undertaking; “premises” does not include domestic premises unless — ( a ) they are used in connection with the affairs of an undertaking; or ( b ) documents relating to the affairs of an undertaking are kept there, but includes any vehicle; “public interest consideration” means national or public security, defence and any other considerations that the Minister may, by order in the Gazette , prescribe; “section 34 prohibition” means the prohibition referred to in section 34(1); “section 47 prohibition” means the prohibition referred to in section 47(1); “section 54 prohibition” means the prohibition referred to in section 54(1); “service” means a service of any description whether industrial, trade, professional or otherwise; “undertaking” means any person, being an individual, a body corporate, an unincorporated body of persons or any other entity, capable of carrying on commercial or economic activities relating to goods or services. [23/2007; 5/2018; 10/2018] (2) The fact that to a limited extent the section 34 prohibition does not apply to an agreement, because of an exclusion provided by or under this Act, does not require those provisions of the agreement to which the exclusion relates to be disregarded when considering whether the agreement infringes the prohibition for other reasons. (3) For the purposes of this Act, the power to require information, in relation to information recorded otherwise than in a legible form, includes the power to require a copy of it in a legible form. (4) Any power conferred on any person by this Act to require information includes the power to require any document which the person believes may contain that information.


document_id: ca-2004
provision_ref: s3
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 3
title: Establishment and incorporation of Competition and Consumer Commission of Singapore
content:
3. A body called the Competition and Consumer Commission of Singapore is established, which is a body corporate with perpetual succession and is by that name capable of — ( a ) suing and being sued; ( b ) acquiring, owning, holding and developing or disposing of property, both movable and immovable; and ( c ) doing and suffering any other acts or things that bodies corporate may lawfully do and suffer. [10/2018]


document_id: ca-2004
provision_ref: s4
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 4
title: Common seal
content:
4. —(1) The Commission must have a common seal and the seal may be broken, changed, altered or made anew as the Commission thinks fit. (2) All deeds and other documents requiring the seal of the Commission must be sealed with the common seal of the Commission. (3) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Commission affixed to any document and presume that it was duly affixed.


document_id: ca-2004
provision_ref: s5
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 5
title: Constitution of Commission
content:
5. —(1) The Commission consists of the following members: ( a ) a Chairperson; ( b ) such other members, not being less than 2 or more than 16, as the Minister may determine. (2) The First Schedule has effect with respect to the Commission, its members and proceedings. Division 2 &#x2014; Functions, duties and powers of Commission


document_id: ca-2004
provision_ref: s6
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 6
title: Functions and duties of Commission
content:
6. —(1) Subject to the provisions of this Act, the functions and duties of the Commission are — ( a ) to maintain and enhance efficient market conduct and promote overall productivity, innovation and competitiveness of markets in Singapore; ( b ) to eliminate or control practices having adverse effect on competition in Singapore; ( c ) to promote and sustain competition in markets in Singapore; ( d ) to promote a strong competitive culture and environment throughout the economy in Singapore; ( e ) to act internationally as the national body representative of Singapore in respect of competition matters, consumer protection and legal metrology; [Act 13 of 2025 wef 01/07/2025] ( f ) to promote fair trading practices among suppliers and consumers and enable consumers to make informed purchasing decisions in Singapore; ( fa ) to promote among suppliers in Singapore, and educate consumers on, the following practices: (i) the supply of safe consumer goods; (ii) the provision of relevant safety information about consumer goods; (iii) legal metrology; [Act 13 of 2025 wef 01/07/2025] ( g ) to prevent suppliers in Singapore from engaging in unfair practices and prevent the supply of unsafe consumer goods in Singapore; [Act 13 of 2025 wef 01/07/2025] ( h ) to administer and enforce the Consumer Protection (Fair Trading) Act 2003; ( ha ) to administer and enforce the Weights and Measures Act 1975; [Act 13 of 2025 wef 01/07/2025] ( i ) to advise the Government, any public authority or any consumer protection organisation on national needs and policies in respect of competition matters, consumer protection and legal metrology generally; and [Act 13 of 2025 wef 01/07/2025] ( j ) to perform such other functions and discharge such other duties as may be conferred on the Commission by or under any other written law. [10/2018] (2) In performing the functions and discharging the duties imposed on it by subsection (1), the Commission must have regard to — ( a ) the differences in the nature of various markets in Singapore; ( b ) the economic, industrial and commercial needs of Singapore; and ( c ) maintaining the efficient functioning of the markets in Singapore. (3) The Commission may undertake such other functions and duties as the Minister may assign to the Commission and in so doing, the Commission is deemed to be fulfilling the purposes of this Act, and the provisions of this Act apply to the Commission in respect of such functions and duties. (4) Nothing in this section imposes on the Commission, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.


document_id: ca-2004
provision_ref: s7
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 7
title: Powers of Commission
content:
7. —(1) Subject to the provisions of this Act, the Commission may carry on any activities as appear to the Commission to be advantageous, necessary or convenient for it to carry on for or in connection with the performance of its functions and the discharge of its duties under this Act or any other written law and, in particular, the Commission may exercise any of the powers specified in the Second Schedule. (2) This section does not limit any power of the Commission conferred by or under any other written law. (3) The Commission must provide the Minister information with respect to its property and activities in such manner and at such times as the Minister may require.


document_id: ca-2004
provision_ref: s8
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 8
title: Directions of Minister, etc.
content:
8. —(1) The Minister may give to the Commission any direction under section 5 of the Public Sector (Governance) Act 2018. [Act 13 of 2025 wef 01/07/2025] (2) Without limiting subsection (1), the Minister may give any direction to the Commission that is necessary in the circumstances if it appears to the Minister to be requisite or expedient to do so — ( a ) in the interests of relations with the government of another country; or ( b ) in order to — (i) discharge or facilitate the discharge of an obligation binding on the Government by virtue of it being a member of an international organisation or a party to an international agreement; (ii) attain or facilitate the attainment of any other object the attainment of which is in the Minister’s opinion requisite or expedient in view of the Government being a member of an international organisation or a party to an international agreement; or (iii) enable the Government to become a member of an international organisation or a party to an international agreement. [Act 13 of 2025 wef 01/07/2025] (3) To avoid doubt, the Minister is entitled — ( a ) to information in the possession of the Commission; and ( b ) where the information is in or on a document, to have, and make and retain copies of, that document. [Act 13 of 2025 wef 01/07/2025] (4) For the purposes of this section, the Minister may request the Commission — ( a ) to provide information to the Minister; or ( b ) to give the Minister access to information. [Act 13 of 2025 wef 01/07/2025] (5) The Commission must give effect to any direction given to it under subsection (1) or (2) and must comply with a request under subsection (4). [Act 13 of 2025 wef 01/07/2025] (6) The Commission must not disclose any direction given or request made under this section if the Minister notifies the Commission that, in the Minister’s opinion, disclosure of the direction or request is against the public interest. [Act 13 of 2025 wef 01/07/2025] (7) In this section, “information” means information specified, or of a description specified, by the Minister that relates to the functions of the Commission. [Act 13 of 2025 wef 01/07/2025]


document_id: ca-2004
provision_ref: s9
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 9
title: Appointment of committees and delegation of powers
content:
9. —(1) The Commission may appoint from among its own members or persons who are not members any number of committees that it thinks fit consisting of members or other persons or members and other persons for purposes which, in the opinion of the Commission, would be better regulated and managed by means of those committees. (2) The Commission may, subject to any conditions or restrictions that it thinks fit, delegate to any such committee or to the Chairperson all or any of the powers, functions and duties vested in the Commission by this Act or any other written law, except the powers to prescribe or levy dues and rates and borrow money. [5/2018] (3) The Commission may, subject to any conditions or restrictions that it thinks fit, delegate to any employee of the Commission or any person all or any of the powers, functions and duties vested in the Commission by this Act or any other written law, except the powers to prescribe or levy dues and rates and borrow money; and any power, function or duty so delegated may be exercised, performed or discharged by the employee or person in the name and on behalf of the Commission. [5/2018] Division 3 &#x2014; Provisions relating to staff


document_id: ca-2004
provision_ref: s10
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 10
title: Chief Executive, officers and employees, etc.
content:
10. —(1) There must be a Chief Executive of the Commission, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Commission 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 Commission 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] Division 4 &#x2014; Financial provisions


document_id: ca-2004
provision_ref: s11
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 11
title: Financial year
content:
11. The financial year of the Commission begins on 1 April of each year and ends on 31 March of the succeeding year.


document_id: ca-2004
provision_ref: s12
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 12
title: Minister’s approval of estimates
content:
12. —(1) A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Commission, be sent without delay to the Minister. [5/2018] (2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates. [5/2018] (3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Commission, and the Commission is bound by the Minister’s decision. [5/2018] (4) However, the Commission may transfer all or any part of moneys assigned to one item of expenditure to any item under the same head of expenditure in any estimates approved by the Minister. [5/2018]


document_id: ca-2004
provision_ref: s13
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 13
title: Moneys recovered or collected by Commission
content:
13. —(1) All moneys recovered or charges or composition sums collected under this Act, other than financial penalties, must be paid into and form part of the moneys of the Commission. (2) All financial penalties collected under this Act must be paid into the Consolidated Fund.


document_id: ca-2004
provision_ref: s14
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 14
title: Grants-in-aid
content:
14. For the purpose of enabling the Commission to perform its functions and discharge its duties under this Act, the Minister may make grants‑in‑aid to the Commission of such sums of money, as the Minister may determine, out of moneys to be provided by Parliament.


document_id: ca-2004
provision_ref: s15
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 15
title: Power to borrow
content:
15. —(1) For the performance of its functions or discharge of its duties under this Act or any other written law, the Commission may raise loans from the Government or, with the Minister’s approval, raise loans within or outside Singapore from such source as the Minister may direct by — ( a ) mortgage, overdraft or other means, with or without security; ( b ) charge, whether legal or equitable, on any property vested in the Commission or on any other revenue receivable by the Commission 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. (2) For the purposes of this section, the power to raise loans includes the power to make any financial agreement whereby credit facilities are granted to the Commission for the purchase of goods, materials or things.


document_id: ca-2004
provision_ref: s16
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 16
title: Issue of shares, etc.
content:
16. As a consequence of — ( a ) the vesting of any property, rights or liabilities of the Government in the Commission under this Act; or ( b ) any capital injection or other investment by the Government in the Commission in accordance with any written law, the Commission must issue such shares or other securities to the Minister for Finance as that Minister may direct.


document_id: ca-2004
provision_ref: s17
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 17
title: Bank account
content:
17. —(1) The Commission must open and maintain an account with such bank as the Commission thinks fit. (2) Every such account must be operated by such person authorised to do so by the Commission.


document_id: ca-2004
provision_ref: s18
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 18
title: Application of moneys
content:
18. The moneys of the Commission must be applied only in payment or discharge of the expenses, obligations and liabilities of the Commission and in making any payment that the Commission is authorised or required to make.


document_id: ca-2004
provision_ref: s19
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 19
title: Investment
content:
19. The Commission may, subject to the general or special direction of the Minister — ( a ) invest its moneys in such manner as it thinks fit; and ( b ) engage in any financial activity or participate in any financial arrangement for the purpose of managing or hedging against any financial risk that arises or is likely to arise from such investment. 20. [ Repealed by Act 5 of 2018 ]


document_id: ca-2004
provision_ref: s21
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 21
title: Audit of accounts
content:
21. The auditor must submit such periodical and special reports to the Minister and to the Commission as may appear to the auditor to be necessary or as the Minister or the Commission may require. 22. [ Repealed by Act 5 of 2018 ] 23. [ Repealed by Act 5 of 2018 ] Division 5 &#x2014; Transfer of property, assets, liabilities and employees


document_id: ca-2004
provision_ref: s24
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 24
title: Transfer to Commission of property, assets and liabilities
content:
24. —(1) As from 1 January 2005, such movable and immovable property vested in the Government as may be determined by the Minister for Finance and used or managed by the Market Analysis Division of the Ministry of Trade and Industry (called in this Division the transferred Division) and all assets, interests, rights, privileges, liabilities and obligations of the Government relating to the transferred Division are transferred to and vest in the Commission without further assurance, act or deed. (2) If any question arises as to whether any particular property, asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Commission 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 Commission under subsection (1) is held by the Commission upon such tenure and subject to such terms and conditions as the President may determine. (4) Every agreement relating to any of the transferred properties to which the Government was a party immediately before 1 January 2005, whether or not of such nature that the rights and liabilities under the agreement could be assigned, has effect as from that date as if — ( a ) the Commission had been a party to such an agreement; and ( b ) for any reference to the Government there was substituted in respect of anything to be done on or after 1 January 2005 a reference to the Commission.


document_id: ca-2004
provision_ref: s25
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 25
title: Transfer of employees
content:
25. —(1) As from 1 January 2005, such persons or categories of persons as the Minister may determine who, immediately before that date, were employed by the Government and posted to the transferred Division are transferred to the service of the Commission 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 any category of persons has been transferred to the service of the Commission under subsection (1), a certificate under the hand of the Minister is conclusive evidence that the person or category of persons was or was not so transferred. (3) Until such time as terms and conditions of service are drawn up by the Commission, the scheme and terms and conditions of service in the Government continue to apply to every person transferred to the service of the Commission under subsection (1) as if he or she were still in the service of the Government.


document_id: ca-2004
provision_ref: s26
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 26
title: Service rights, etc., of transferred employees to be preserved
content:
26. —(1) The terms and conditions to be drawn up by the Commission 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 Commission under section 25 while in the employment of the Government. (2) Any term or condition relating to the length of service with the Commission must recognise the length of service of the persons so transferred while in the employment of the Government to be service with the Commission. (3) Nothing in the terms and conditions of service to be drawn up by the Commission adversely affects the conditions that would have been applicable to persons transferred to the service of the Commission 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 Commission under section 25, the Government shall be liable to pay to the Commission such portion of any pension, gratuity or allowance payable to the person on the person’s retirement as the same bears to the proportion which the aggregate amount of the person’s pensionable emoluments during the person’s service with the Government bears to the aggregate amount of the person’s pensionable emoluments during the person’s service under both the Government and the Commission. (5) Where any person in the service of the Commission, 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 Commission or is discharged from such service, the Commission may grant to him or her or to such other person wholly or partly dependent on him or her, as the Commission thinks fit, such allowance or gratuity as the Commission may determine.


document_id: ca-2004
provision_ref: s27
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 27
title: No benefits in respect of abolition or reorganisation of office
content:
27. Despite the provisions of the Pensions Act 1956, a person who is transferred to the service of the Commission under section 25 is not entitled to claim any benefit under that Act on the ground that he or she has been retired from the public service on account of abolition or reorganisation of office in consequence of the establishment and incorporation of the Commission.


document_id: ca-2004
provision_ref: s28
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 28
title: Existing contracts
content:
28. All deeds, contracts, schemes, bonds, agreements, instruments and arrangements subsisting immediately before 1 January 2005 to which the Government is a party and relating to the transferred Division or to any person transferred to the service of the Commission under section 25 continue in force on and after that date and are enforceable by or against the Commission as if the Commission had been named therein or had been a party thereto instead of the Government.


document_id: ca-2004
provision_ref: s29
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 29
title: Continuation and completion of disciplinary proceedings and other legal proceedings
content:
29. —(1) Where, on 1 January 2005, any disciplinary proceedings were pending against any employee of the Government transferred to the service of the Commission, the proceedings must be carried on and completed by the Commission. (2) Where, on 1 January 2005, any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order, ruling or direction had been made on the matter, the committee must complete the hearing or investigation and must make such order, ruling or direction as it could have made under the authority vested in it before that date. (3) Any order, ruling or direction made by a committee under this section is treated as an order, a ruling or a direction of the Commission and has the same force or effect as if it had been made by the Commission pursuant to the authority vested in the Commission under this Act. (4) Any proceedings or cause of action pending or existing immediately before 1 January 2005 by or against the Government, or any person acting on its behalf, in relation to — ( a ) the transferred Division; ( b ) any portion of the property, assets, interests, rights, privileges, liabilities and obligations transferred to the Commission under section 24; or ( c ) any employee transferred to the service of the Commission under section 25, may be continued, completed and enforced by or against the Commission.


document_id: ca-2004
provision_ref: s30
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 30
title: Misconduct or neglect of duty by employee before transfer
content:
30. The Commission may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, whilst the person was in the employment of the Government, been guilty of any misconduct or neglect of duty which would have rendered the person liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if the person had continued to be in the employment of the Government, and if this Act had not been enacted. Division 6 &#x2014; General 31. [ Repealed by Act 5 of 2018 ]


document_id: ca-2004
provision_ref: s32
chapter: PART 2 - COMPETITION AND CONSUMER COMMISSION OF SINGAPORE
section: 32
title: Symbol or representation of Commission
content:
32. —(1) The Commission has the exclusive right to the use of such symbol or representation as the Commission may select or devise and to display or exhibit that symbol or representation in connection with its activities or affairs. (2) A person who — ( a ) uses a symbol or representation identical with that of the Commission; or ( b ) uses a symbol or representation which so resembles the Commission’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 $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.


document_id: ca-2004
provision_ref: s33
chapter: PART 3 - COMPETITION
section: 33
title: Application of Part
content:
33. —(1) Despite the fact that — ( a ) an agreement referred to in section 34 has been entered into outside Singapore; ( b ) any party to such agreement is outside Singapore; ( c ) any undertaking abusing the dominant position referred to in section 47 is outside Singapore; ( d ) an anticipated merger will be carried into effect outside Singapore; ( e ) a merger referred to in section 54 has taken place outside Singapore; ( f ) any party to an anticipated merger or any party involved in a merger is outside Singapore; or ( g ) any other matter, practice or action arising out of such agreement, such dominant position, an anticipated merger or a merger is outside Singapore, this Part applies to such party, agreement, abuse of dominant position, anticipated merger or merger if (as the case may be) — ( h ) such agreement infringes or has infringed the section 34 prohibition; ( i ) such abuse infringes or has infringed the section 47 prohibition; ( j ) such anticipated merger, if carried into effect, will infringe the section 54 prohibition; or ( k ) such merger infringes or has infringed the section 54 prohibition. [23/2007] (2) Insofar as this Part applies to an industry or a sector of industry that is subject to the regulation and control of another regulatory authority — ( a ) the exercise of powers by that other regulatory authority must not be construed as derogating from the exercise of powers by the Commission; and ( b ) the exercise of powers by the Commission must not be construed as derogating from the exercise of powers by that other regulatory authority. (3) The Minister may make regulations for the purpose of coordinating the exercise of powers by the Commission under this Part and the exercise of powers by any other regulatory authority referred to in subsection (2), and may, in particular, make regulations to provide for the procedure to be followed — ( a ) in determining in a particular case or category of cases whether the Commission should exercise its powers under this Part or the other regulatory authority should exercise its powers; and ( b ) where the Commission and the other regulatory authority may exercise their respective powers concurrently or conjunctively. (4) Nothing in this Part applies to any activity carried on by, any agreement entered into or any conduct on the part of — ( a ) the Government; ( b ) any statutory body; or ( c ) any person acting on behalf of the Government or that statutory body (as the case may be) in relation to that activity, agreement or conduct. (5) Despite subsection (4), this Part applies to — ( a ) such statutory body or person acting on behalf of such statutory body; or ( b ) such activity carried on, agreement entered into or conduct engaged in, by a statutory body or person acting on behalf of the statutory body in relation to such activity, agreement or conduct, as the Minister may, by order in the Gazette , prescribe. (6) In this section, “statutory body” means a body corporate established by or under any written law. Division 2 &#x2014; Agreements, etc., preventing, restricting or distorting competition


document_id: ca-2004
provision_ref: s34
chapter: PART 3 - COMPETITION
section: 34
title: Agreements, etc., preventing, restricting or distorting competition
content:
34. —(1) Subject to section 35, agreements between undertakings, decisions by associations of undertakings or concerted practices which have as their object or effect the prevention, restriction or distortion of competition within Singapore are prohibited unless they are exempt in accordance with the provisions of this Part. (2) For the purposes of subsection (1), agreements, decisions or concerted practices may, in particular, have the object or effect of preventing, restricting or distorting competition within Singapore if they — ( a ) directly or indirectly fix purchase or selling prices or any other trading conditions; ( b ) limit or control production, markets, technical development or investment; ( c ) share markets or sources of supply; ( d ) apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; or ( e ) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts. (3) Any provision of any agreement or any decision which is prohibited by subsection (1) is void on or after 1 January 2006 to the extent that it infringes that subsection. (4) Unless the context otherwise requires, a provision of this Act which is expressed to apply to, or in relation to, an agreement is to be read as applying, with the necessary modifications, equally to, or in relation to, a decision by an association of undertakings or a concerted practice. (5) Subsection (1) applies to agreements, decisions and concerted practices implemented before, on or after 1 January 2006.


document_id: ca-2004
provision_ref: s35
chapter: PART 3 - COMPETITION
section: 35
title: Excluded agreements
content:
35. The section 34 prohibition does not apply to such matter as may be specified in the Third Schedule.


document_id: ca-2004
provision_ref: s36
chapter: PART 3 - COMPETITION
section: 36
title: Block exemptions
content:
36. —(1) If agreements which fall within a particular category of agreements are, in the Commission’s opinion, likely to be agreements referred to in section 41, the Commission may recommend that the Minister make an order specifying that category for the purposes of this section. (2) The Minister may make an order giving effect to such a recommendation — ( a ) in the form in which the recommendation is made; or ( b ) subject to such modifications as the Minister considers appropriate. (3) An order made under this section is referred to in this Part as a block exemption order. (4) An agreement which falls within a category specified in a block exemption order is exempt from the section 34 prohibition. (5) An exemption under this section is called in this Part a block exemption.


document_id: ca-2004
provision_ref: s37
chapter: PART 3 - COMPETITION
section: 37
title: Block exemption orders
content:
37. —(1) A block exemption order may impose conditions or obligations subject to which a block exemption has effect. (2) A block exemption order may provide — ( a ) that breach of a condition imposed by the order has the effect of cancelling the block exemption in respect of an agreement as from such date as the Commission may specify; ( b ) that if there is a failure to comply with an obligation imposed by the order, the Commission may, by written notice, cancel the block exemption in respect of the agreement as from such date as the Commission may specify; and ( c ) that if the Commission considers that a particular agreement is not one to which section 41 applies, it may cancel the block exemption in respect of that agreement as from such date as the Commission may specify. (3) A block exemption order may provide for a block exemption to have effect from a date earlier than that on which the order is made. (4) A block exemption order may provide that the order ceases to have effect at the end of a specified period. (5) In this section, “specified” means specified in a block exemption order.


document_id: ca-2004
provision_ref: s38
chapter: PART 3 - COMPETITION
section: 38
title: Opposition to block exemptions
content:
38. —(1) A block exemption order may provide that a party to an agreement which does not qualify for the block exemption created by the order, but satisfies specified criteria, may notify the Commission of the agreement for the purposes of subsection (2). (2) An agreement which is notified under any provision included in a block exemption order by virtue of subsection (1) is treated, as from the end of the notice period, as falling within a category specified in a block exemption order unless the Commission — ( a ) is opposed to it being so treated; and ( b ) gives written notice to the party concerned of its opposition before the end of that period. (3) If the Commission gives notice of its opposition under subsection (2), the notification under subsection (1) is treated as a notification under section 44. (4) In this section — “notice period” means such period as may be specified with a view to giving the Commission sufficient time to consider whether to oppose under subsection (2); “specified” means specified in a block exemption order.


document_id: ca-2004
provision_ref: s39
chapter: PART 3 - COMPETITION
section: 39
title: Procedure for block exemptions
content:
39. —(1) Before making a recommendation under section 36(1), the Commission must — ( a ) publish details of its proposed recommendation in such a way as the Commission thinks most suitable for bringing it to the attention of those likely to be affected; and ( b ) consider any representations made to the Commission regarding its proposed recommendation. (2) If the Minister proposes to give effect to such a recommendation subject to modifications, the Minister must inform the Commission of the proposed modifications and take into account any comments made by the Commission.


document_id: ca-2004
provision_ref: s40
chapter: PART 3 - COMPETITION
section: 40
title: Variation and revocation of block exemption orders
content:
40. —(1) If, in the opinion of the Commission, it is appropriate to vary or revoke a block exemption order, the Commission may make a recommendation to that effect to the Minister. (2) Section 39 applies to any proposed recommendation under subsection (1). (3) Where there has been no recommendation under subsection (1), the Minister must, before exercising the Minister’s power to vary or revoke a block exemption order — ( a ) inform the Commission of the proposed variation or revocation; and ( b ) take into account any comments made by the Commission.


document_id: ca-2004
provision_ref: s41
chapter: PART 3 - COMPETITION
section: 41
title: Criteria for block exemptions
content:
41. Section 36 applies to any agreement which contributes to — ( a ) improving production or distribution; or ( b ) promoting technical or economic progress, but which does not — ( c ) impose on the undertakings concerned restrictions which are not indispensable to the attainment of those objectives; or ( d ) afford the undertakings concerned the possibility of eliminating competition in respect of a substantial part of the goods or services in question.


document_id: ca-2004
provision_ref: s42
chapter: PART 3 - COMPETITION
section: 42
title: Requests for Commission to examine agreements
content:
42. —(1) Sections 43 and 44 provide for an agreement to be examined by the Commission on the application of a party to the agreement who thinks that it may infringe the section 34 prohibition. (2) The Minister may make regulations to provide — ( a ) for the procedure to be followed — (i) by any person making an application under subsection (1); and (ii) by the Commission, in considering such an application; and ( b ) as to the application of sections 43 to 46 and the procedure referred to in paragraph ( a ), with such modifications (if any) as may be prescribed, in cases where the Commission — (i) has given a direction withdrawing an exclusion; or (ii) is considering whether to give such a direction.


document_id: ca-2004
provision_ref: s43
chapter: PART 3 - COMPETITION
section: 43
title: Notification for guidance
content:
43. —(1) A party to an agreement who applies for the agreement to be examined under this section must — ( a ) notify the Commission of the agreement; and ( b ) apply to it for guidance. (2) On an application under this section, the Commission may give the applicant guidance as to whether or not, in its view, the agreement is likely to infringe the section 34 prohibition. (3) If the Commission considers that the agreement is likely to infringe the section 34 prohibition if it is not exempt, its guidance may indicate whether the agreement is likely to be exempt from the prohibition under a block exemption. (4) If an agreement to which the section 34 prohibition applies has been notified to the Commission under this section, no penalty may be imposed under this Part in respect of any infringement of the prohibition by the agreement which occurs during the period — ( a ) beginning with the date on which the notification was given; and ( b ) ending with such date as may be specified in a written notice given to the applicant by the Commission when the application has been determined. (5) The date specified in a notice under subsection (4)( b ) must not be earlier than the date on which the notice is given.


document_id: ca-2004
provision_ref: s44
chapter: PART 3 - COMPETITION
section: 44
title: Notification for decision
content:
44. —(1) A party to an agreement who applies for the agreement to be examined under this section must — ( a ) notify the Commission of the agreement; and ( b ) apply to it for a decision. (2) On an application under this section, the Commission may make a decision as to — ( a ) whether the section 34 prohibition has been infringed; and ( b ) if it has not been infringed, whether that is — (i) because of the effect of an exclusion; (ii) because the agreement is exempt from the prohibition; or (iii) because a commitment has been accepted pursuant to section 60A(2). [15/2018] (3) If an agreement to which the section 34 prohibition applies has been notified to the Commission under this section, no penalty shall be imposed under this Part in respect of any infringement of the prohibition by the agreement which occurs during the period — ( a ) beginning with the date on which the notification was given; and ( b ) ending with such date as may be specified in a written notice given to the applicant by the Commission when the application has been determined. (4) The date specified in a notice under subsection (3)( b ) must not be earlier than the date on which the notice is given.


document_id: ca-2004
provision_ref: s45
chapter: PART 3 - COMPETITION
section: 45
title: Effect of guidance
content:
45. —(1) This section applies to an agreement if the Commission has determined an application under section 43 by giving guidance that — ( a ) the agreement is unlikely to infringe the section 34 prohibition, regardless of whether or not it is exempt; or ( b ) the agreement is likely to be exempt under a block exemption. (2) The Commission must not take any further action in relation to the section 34 prohibition with respect to an agreement to which this section applies, unless — ( a ) it has reasonable grounds for believing that there has been a material change of circumstance since it gave its guidance; ( b ) it has reasonable grounds for suspecting that the information on which it based its guidance was incomplete, false or misleading in a material particular; ( c ) one of the parties to the agreement applies to it for a decision under section 44 with respect to the agreement; or ( d ) a complaint about the agreement has been made to it by a person who is not a party to the agreement. [23/2007] (3) No penalty may be imposed under this Part in respect of any infringement of the section 34 prohibition by an agreement to which this section applies. (4) The Commission may remove the immunity given by subsection (3) if — ( a ) it takes action under this Part with respect to the agreement in one of the circumstances mentioned in subsection (2); ( b ) it considers that it is likely that the agreement will infringe the section 34 prohibition; and ( c ) it gives written notice to the party on whose application the guidance was given that it is removing the immunity as from the date specified in its notice. (5) If the Commission has reasonable grounds for suspecting that information — ( a ) on which it based its guidance; and ( b ) which was provided to it by a party to the agreement, was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)( c ) may be earlier than the date on which the notice is given.


document_id: ca-2004
provision_ref: s46
chapter: PART 3 - COMPETITION
section: 46
title: Effect of decision that section 34 prohibition has not been infringed
content:
46. —(1) This section applies to an agreement if the Commission has determined an application under section 44 by making a decision that the agreement has not infringed the section 34 prohibition. (2) The Commission must not take any further action in relation to the section 34 prohibition with respect to the agreement unless — ( a ) it has reasonable grounds for believing that there has been a material change of circumstance since it gave its decision; or ( b ) it has reasonable grounds for suspecting that the information on which it based its decision was incomplete, false or misleading in a material particular. [23/2007] (3) No penalty may be imposed under this Part in respect of any infringement of the section 34 prohibition by an agreement to which this section applies. (4) The Commission may remove the immunity given by subsection (3) if — ( a ) it takes action under this Part with respect to the agreement in one of the circumstances mentioned in subsection (2); ( b ) it considers that it is likely that the agreement will infringe the section 34 prohibition; and ( c ) it gives written notice to the party on whose application the decision was made that it is removing the immunity as from the date specified in its notice. (5) If the Commission has reasonable grounds for suspecting that information — ( a ) on which it based its decision; and ( b ) which was provided to it by a party to the agreement, was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)( c ) may be earlier than the date on which the notice is given. Division 3 &#x2014; Abuse of dominant position


document_id: ca-2004
provision_ref: s47
chapter: PART 3 - COMPETITION
section: 47
title: Abuse of dominant position
content:
47. —(1) Subject to section 48, any conduct on the part of one or more undertakings which amounts to the abuse of a dominant position in any market in Singapore is prohibited. (2) For the purposes of subsection (1), conduct may, in particular, constitute such an abuse if it consists in — ( a ) predatory behaviour towards competitors; ( b ) limiting production, markets or technical development to the prejudice of consumers; ( c ) applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; or ( d ) making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of the contracts. (3) In this section, “dominant position” means a dominant position within Singapore or elsewhere.


document_id: ca-2004
provision_ref: s48
chapter: PART 3 - COMPETITION
section: 48
title: Excluded cases
content:
48. The section 47 prohibition does not apply to such matter as may be specified in the Third Schedule.


document_id: ca-2004
provision_ref: s49
chapter: PART 3 - COMPETITION
section: 49
title: Requests for Commission to consider conduct
content:
49. —(1) Sections 50 and 51 provide for conduct of a person to be considered by the Commission on the application of that person who thinks the conduct may infringe the section 47 prohibition. (2) The Minister may make regulations to provide for the procedure to be followed — ( a ) by any person making an application under subsection (1); and ( b ) by the Commission, in considering such an application.


document_id: ca-2004
provision_ref: s50
chapter: PART 3 - COMPETITION
section: 50
title: Notification for guidance
content:
50. —(1) A person who applies for conduct to be considered under this section must — ( a ) notify the Commission of the conduct; and ( b ) apply to it for guidance. (2) On an application under this section, the Commission may give the applicant guidance as to whether or not, in its view, the conduct is likely to infringe the section 47 prohibition.


document_id: ca-2004
provision_ref: s51
chapter: PART 3 - COMPETITION
section: 51
title: Notification for decision
content:
51. —(1) A person who applies for conduct to be considered under this section must — ( a ) notify the Commission of the conduct; and ( b ) apply to it for a decision. (2) On an application under this section, the Commission may make a decision as to — ( a ) whether the section 47 prohibition has been infringed; and ( b ) if it has not been infringed, whether that is — (i) because of the effect of an exclusion; or (ii) because a commitment has been accepted pursuant to section 60A(3). [15/2018]


document_id: ca-2004
provision_ref: s52
chapter: PART 3 - COMPETITION
section: 52
title: Effect of guidance
content:
52. —(1) This section applies to conduct if the Commission has determined an application under section 50 by giving guidance that the conduct is unlikely to infringe the section 47 prohibition. (2) The Commission must not take any further action in relation to the section 47 prohibition with respect to the conduct to which this section applies, unless — ( a ) it has reasonable grounds for believing that there has been a material change of circumstance since it gave its guidance; ( b ) it has reasonable grounds for suspecting that the information on which it based its guidance was incomplete, false or misleading in a material particular; or ( c ) a complaint about the conduct has been made to it. [23/2007] (3) No penalty may be imposed under this Part in respect of any infringement of the section 47 prohibition by conduct to which this section applies. (4) The Commission may remove the immunity given by subsection (3) if — ( a ) it takes action under this Part with respect to the conduct in one of the circumstances mentioned in subsection (2); ( b ) it considers that it is likely that the conduct will infringe the section 47 prohibition; and ( c ) it gives written notice to the undertaking on whose application the guidance was given that it is removing the immunity as from the date specified in its notice. (5) If the Commission has reasonable grounds for suspecting that information — ( a ) on which it based its guidance; and ( b ) which was provided to it by an undertaking engaging in the conduct, was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)( c ) may be earlier than the date on which the notice is given.


document_id: ca-2004
provision_ref: s53
chapter: PART 3 - COMPETITION
section: 53
title: Effect of decision that section 47 prohibition has not been infringed
content:
53. —(1) This section applies to conduct if the Commission has determined an application under section 51 by making a decision that the conduct has not infringed the section 47 prohibition. (2) The Commission must not take any further action in relation to the section 47 prohibition with respect to the conduct unless — ( a ) it has reasonable grounds for believing that there has been a material change of circumstance since it gave its decision; or ( b ) it has reasonable grounds for suspecting that the information on which it based its decision was incomplete, false or misleading in a material particular. [23/2007] (3) No penalty may be imposed under this Part in respect of any infringement of the section 47 prohibition by conduct to which this section applies. (4) The Commission may remove the immunity given by subsection (3) if — ( a ) it takes action under this Part with respect to the conduct in one of the circumstances mentioned in subsection (2); ( b ) it considers that it is likely that the conduct will infringe the section 47 prohibition; and ( c ) it gives written notice to the undertaking on whose application the decision was made that it is removing the immunity as from the date specified in its notice. (5) If the Commission has reasonable grounds for suspecting that information — ( a ) on which it based its decision; and ( b ) which was provided to it by an undertaking engaging in the conduct, was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)( c ) may be earlier than the date on which the notice is given. Division 4 &#x2014; Mergers


document_id: ca-2004
provision_ref: s54
chapter: PART 3 - COMPETITION
section: 54
title: Mergers
content:
54. —(1) Subject to section 55, mergers that have resulted, or may be expected to result, in a substantial lessening of competition within any market in Singapore for goods or services are prohibited. [23/2007] (2) For the purposes of this Part, a merger occurs if — ( a ) 2 or more undertakings, previously independent of one another, merge; ( b ) one or more persons or other undertakings acquire direct or indirect control of the whole or part of one or more other undertakings; or ( c ) the result of an acquisition by one undertaking (the first undertaking) of the assets (including goodwill), or a substantial part of the assets, of another undertaking (the second undertaking) is to place the first undertaking in a position to replace or substantially replace the second undertaking in the business or, as appropriate, the part concerned of the business in which that undertaking was engaged immediately before the acquisition. [23/2007] (3) For the purposes of this Part, control is, in relation to an undertaking, regarded as existing if, by reason of rights, contracts or any other means, or any combination of rights, contracts or other means, decisive influence is capable of being exercised with regard to the activities of the undertaking and, in particular, by — ( a ) ownership of, or the right to use all or part of, the assets of an undertaking; or ( b ) rights or contracts which enable decisive influence to be exercised with regard to the composition, voting or decisions of the organs of an undertaking. [23/2007] (4) For the purposes of this Part, control is acquired by any person or other undertaking if that person or undertaking — ( a ) becomes a holder of the rights or contracts, or entitled to use the other means, referred to in subsection (3); or ( b ) although not becoming such a holder or entitled to use those other means, acquires the power to exercise the rights derived therefrom. [23/2007] (5) The creation of a joint venture to perform, on a lasting basis, all the functions of an autonomous economic entity constitutes a merger falling within subsection (2)( b ). [23/2007] (6) In determining whether influence of the kind referred to in subsection (3) is capable of being exercised, regard must be had to all the circumstances of the matter and not solely to the legal effect of any instrument, deed, transfer, assignment or other act done or made. [23/2007] (7) For the purposes of this Part, a merger is not to be deemed to occur if — ( a ) the person acquiring control is a receiver or liquidator acting as such or is an underwriter acting as such; ( b ) all of the undertakings involved in the merger are, directly or indirectly, under the control of the same undertaking; ( c ) control is acquired solely as a result of a testamentary disposition, intestacy or the right of survivorship under a joint tenancy; or ( d ) control is acquired by an undertaking referred to in subsection (8) in the circumstances specified in subsection (9). [23/2007] (8) The undertaking referred to in subsection (7)( d ) is an undertaking the normal activities of which include the carrying out of transactions and dealings in securities for its own account or for the account of others. [23/2007] (9) The circumstances referred to in subsection (7)( d ) are that — ( a ) the control concerned is constituted by the undertaking’s holding, on a temporary basis, securities acquired in another undertaking; and ( b ) any exercise by the undertaking of voting rights in respect of those securities, whilst that control subsists — (i) is for the purpose of arranging for the disposal, within the specified period, of all or part of the other undertaking or its assets or securities; and (ii) is not for the purpose of determining the manner in which any activity of the other undertaking, being an activity that could affect competition in markets for goods or services in Singapore, is carried on. [23/2007] (10) In subsection (9), “specified period” means — ( a ) the period of 12 months from the date on which control of the other undertaking was acquired; or ( b ) if in a particular case the undertaking shows that it is not reasonably possible to effect the disposal concerned within the period referred to in paragraph ( a ), within such longer period as the Commission determines and specifies with respect to that case. [23/2007]


document_id: ca-2004
provision_ref: s55
chapter: PART 3 - COMPETITION
section: 55
title: Excluded mergers
content:
55. The section 54 prohibition does not apply to any merger specified in the Fourth Schedule. [23/2007]


document_id: ca-2004
provision_ref: s55A
chapter: PART 3 - COMPETITION
section: 55A
title: Confidential advice by Commission on anticipated mergers
content:
55A. —(1) A party to an anticipated merger may apply to the Commission for its advice as to whether the view of the Commission is that the anticipated merger, if carried into effect, is likely to infringe the section 54 prohibition. [15/2018] (2) Subject to regulations made under subsection (5), the Commission may issue the advice under subsection (1) if the Commission is satisfied — ( a ) that all parties to the anticipated merger intend to carry into effect the anticipated merger; ( b ) that no information relating to the anticipated merger is in the public domain at the time that the application under subsection (1) is made; and ( c ) if information relating to the anticipated merger enters the public domain after the application under subsection (1) is made, that there are good reasons for the applicant not notifying the Commission of the anticipated merger and not applying to the Commission for its decision, under section 57. [15/2018] (3) Despite subsection (2), the Commission may refuse to issue the advice mentioned in subsection (1) if the Commission is of the view that, given the facts and circumstances of the anticipated merger, the parties to the anticipated merger are able to assess whether an application under section 57 in respect of the anticipated merger should be made without the advice. [15/2018] (4) Advice issued by the Commission under this section is not binding on the Commission. [15/2018] (5) The Minister may make regulations to provide — ( a ) that the Commission may issue advice under this section in relation to only such anticipated mergers as are prescribed; and ( b ) for the procedure to be followed — (i) by any party making an application under this section; and (ii) by the Commission, in considering such an application. [15/2018]


document_id: ca-2004
provision_ref: s56
chapter: PART 3 - COMPETITION
section: 56
title: Requests for Commission to consider anticipated mergers and mergers
content:
56. —(1) Section 57 provides for an anticipated merger to be considered by the Commission on the application of a party to that anticipated merger who thinks the anticipated merger, if carried into effect, may infringe the section 54 prohibition. [23/2007] (2) Section 58 provides for a merger to be considered by the Commission on the application of a party involved in that merger who thinks the merger may infringe the section 54 prohibition. [23/2007] (3) The Minister may by regulations provide — ( a ) that only such anticipated mergers as are prescribed may be notified to the Commission under section 57; and ( b ) for the procedure to be followed — (i) by any party making an application under section 57 or 58; and (ii) by the Commission, in considering such an application. [23/2007]


document_id: ca-2004
provision_ref: s57
chapter: PART 3 - COMPETITION
section: 57
title: Notification of anticipated merger
content:
57. —(1) A party to an anticipated merger of the relevant type which applies for the anticipated merger to be considered under this section must — ( a ) notify the Commission of the anticipated merger; and ( b ) apply to it for a decision. (2) Subject to subsections (3) and (5) and sections 60A(1) and 60B(1), on an application under this section, the Commission may make a decision as to — ( a ) whether the section 54 prohibition will be infringed by the anticipated merger, if carried into effect; and ( b ) if it will not be infringed, whether it is — (i) because of the effect of an exclusion which will apply if the anticipated merger is carried into effect; (ii) because the anticipated merger, if carried into effect, is exempted from the application of the prohibition under subsection (3); or (iii) because a commitment has been accepted pursuant to section 60A(1). [23/2007; 15/2018] (3) Where the Commission proposes to make a decision that the section 54 prohibition will be infringed by an anticipated merger, if carried into effect, the Commission must give written notice to the party who applied for a decision on the anticipated merger and the party may, within 14 days of the date of the notice, apply to the Minister for the anticipated merger, if carried into effect, to be exempted from the section 54 prohibition on the ground of any public interest consideration. [23/2007] (4) The decision of the Minister made under subsection (3) is final. [23/2007] (5) Where the Minister exempts an anticipated merger under subsection (3), the Commission may make a decision under subsection (2)( b )(ii). [23/2007] (6) The Minister may revoke the exemption of an anticipated merger granted under subsection (3) if the Minister has reasonable grounds for suspecting that the information on which the Minister based his or her decision was incomplete, false or misleading in a material particular. [23/2007] (7) Subject to subsection (8), where the Commission makes a decision that an anticipated merger, if carried into effect, will not infringe the section 54 prohibition, the Commission may, if it thinks fit, state that the decision is valid only for the period it specifies therein. [23/2007] (8) Before the expiry of the period referred to in subsection (7), if any, an application may be made by all parties to the anticipated merger who applied to the Commission for a decision on the anticipated merger under this section for that period to be extended. [23/2007] (9) Where an application for an anticipated merger to be considered has been made to the Commission in accordance with subsection (1) and the anticipated merger is carried into effect before the Commission makes a decision under subsection (2) in respect thereof, the application relating to the anticipated merger — ( a ) may be treated by the Commission as if it were an application for the resulting merger to be considered made in accordance with section 58; and ( b ) the Commission may make a decision under section 58 in respect of the resulting merger. [23/2007] (10) For the purpose of subsection (9), the Commission may make a decision under section 58(2)( b )(ii) (read with section 58(5)) in respect of the merger referred to in subsection (9), even though the exemption was granted by the Minister under subsection (3) in respect of the anticipated merger. [23/2007] (11) Despite subsection (9), the Commission may refuse to make any decision in respect of a merger referred to therein and require any party involved in the merger to apply to the Commission for the merger to be considered under section 58(1). [23/2007] (12) In this section, “an anticipated merger of the relevant type” means an anticipated merger of the type prescribed by regulations made under section 56(3)( a ). [23/2007]


document_id: ca-2004
provision_ref: s58
chapter: PART 3 - COMPETITION
section: 58
title: Notification of merger
content:
58. —(1) A party involved in a merger which applies for the merger to be considered under this section must — ( a ) notify the Commission of the merger; and ( b ) apply to it for a decision. [23/2007] (2) Subject to subsections (3) and (5) and sections 60A(1) and 60B(1), on an application under this section, the Commission may make a decision as to — ( a ) whether the section 54 prohibition has been infringed; and ( b ) if it has not been infringed, whether that is — (i) because of the effect of an exclusion; (ii) because the merger is exempted from the prohibition under subsection (3); or (iii) because a commitment has been accepted pursuant to section 60A(1). [23/2007; 15/2018] (3) Where the Commission proposes to make a decision that the section 54 prohibition has been infringed, the Commission must give written notice to — ( a ) the party who applied for a decision on the merger; or ( b ) in a case where section 57(9) applies, the party who applied for a decision on the anticipated merger (which was carried into effect) or, where that party no longer exists, the merged entity, and the party or merged entity so notified by the Commission may, within 14 days of the date of the notice, apply to the Minister for the merger to be exempted from the section 54 prohibition on the ground of any public interest consideration. [23/2007] (4) The decision of the Minister made under subsection (3) is final. [23/2007] (5) Where the Minister exempts a merger under subsection (3), the Commission may make a decision under subsection (2)( b )(ii). [23/2007] (6) The Minister may revoke the exemption of a merger granted under subsection (3) if the Minister has reasonable grounds for suspecting that the information on which the Minister based his or her decision was incomplete, false or misleading in a material particular. [23/2007] (7) A reference in any provision of this Act to an application or a notification under section 58 includes a reference to an application or a notification under section 57 that the Commission treats as an application or a notification under section 58 pursuant to section 57(9). [23/2007]


document_id: ca-2004
provision_ref: s58A
chapter: PART 3 - COMPETITION
section: 58A
title: Interim measures in relation to notifications of anticipated mergers and mergers
content:
58A. —(1) If, in respect of an application under section 57 or 58, the Commission has reasonable grounds for suspecting that — ( a ) the section 54 prohibition will be infringed by an anticipated merger, if carried into effect; or ( b ) the section 54 prohibition has been infringed by a merger, but has not completed its consideration of the matter, and the Commission considers that it is necessary for it to act under this section — ( c ) for the purpose of preventing any action that may prejudice — (i) the consideration of the anticipated merger or merger; or (ii) the giving of any direction under section 69; or ( d ) as a matter of urgency for the purpose — (i) of preventing serious, irreparable damage to a particular person or category of persons; or (ii) of protecting the public interest, the Commission may give such directions as it considers appropriate for that purpose. [23/2007] (2) Before giving a direction under this section, the Commission must — ( a ) give written notice to the person to whom it proposes to give the direction; and ( b ) give that person an opportunity to make representations. [23/2007] (3) A notice under subsection (2) must indicate the nature of the direction which the Commission is proposing to give and its reasons for wishing to give it. [23/2007] (4) A direction given under this section has effect while subsection (1) applies, but may be replaced if the circumstances permit by a direction under section 69. [23/2007] (5) Sections 69(2)( c )(i) and ( d )(i) and 85 also apply to directions given under this section. [23/2007]


document_id: ca-2004
provision_ref: s59
chapter: PART 3 - COMPETITION
section: 59
title:
Effect of decision that anticipated merger, if carried into effect, will not infringe section 54 prohibition

content:
59. —(1) This section applies to an anticipated merger in respect of which the Commission has determined an application under section 57 by making a decision that the anticipated merger, if carried into effect, will not infringe the section 54 prohibition. [23/2007] (2) The Commission must not take any further action in relation to the section 54 prohibition with respect to the anticipated merger (including where the anticipated merger is carried into effect, or if the Commission’s decision is valid for a specified period, where the anticipated merger is carried into effect within that period) unless — ( a ) it has reasonable grounds for suspecting that any information on which it based its decision (which may include information on the basis of which it accepted a commitment) was incomplete, false or misleading in a material particular; or ( b ) it has reasonable grounds for suspecting that a party who provided a commitment has failed to adhere to one or more of the terms of the commitment. [23/2007] (3) Action that may be taken in respect of the circumstances referred to in subsection (2) may include the revocation of the decision that the anticipated merger, if carried into effect, will not infringe the section 54 prohibition. [23/2007] (4) No penalty may be imposed under this Part in respect of any infringement of the section 54 prohibition by the anticipated merger to which this section applies, if carried into effect or, where the Commission’s decision is valid for a specified period, if carried into effect within that period. [23/2007] (5) The Commission may remove the immunity given by subsection (4) if — ( a ) it takes action under this Part with respect to one of the circumstances referred to in subsection (2); ( b ) it considers that it is likely that the anticipated merger, if carried into effect, or the resulting merger will infringe the section 54 prohibition; and ( c ) it gives written notice to the party on whose application the decision was made that it is removing the immunity as from the date specified in its notice. [23/2007] (6) If the Commission has reasonable grounds for suspecting that — ( a ) any information on which it based its decision (which may include information on the basis of which it accepted a commitment), and which was provided to it by a party to the anticipated merger, was incomplete, false or misleading in a material particular; or ( b ) a party who provided a commitment has failed to adhere to one or more of the terms of the commitment, the date specified in a notice under subsection (5)( c ) may be earlier than the date on which the notice is given. [23/2007] (7) Where — ( a ) the Commission has made a decision that an anticipated merger, if carried into effect, will not infringe the section 54 prohibition; and ( b ) the merger resulting from a purported carrying into effect of the anticipated merger is materially different from the anticipated merger, nothing in this section prevents the Commission from taking any action in relation to the section 54 prohibition in respect of the merger. [23/2007]


document_id: ca-2004
provision_ref: s60
chapter: PART 3 - COMPETITION
section: 60
title: Effect of decision that merger has not infringed section 54 prohibition
content:
60. —(1) This section applies to a merger if the Commission has determined an application under section 58 by making a decision that the merger has not infringed the section 54 prohibition. [23/2007] (2) The Commission must not take any further action in relation to the section 54 prohibition with respect to the merger unless — ( a ) it has reasonable grounds for suspecting that any information on which it based its decision (which may include information on the basis of which it accepted a commitment) was incomplete, false or misleading in a material particular; or ( b ) it has reasonable grounds for suspecting that a party who provided a commitment has failed to adhere to one or more of the terms of the commitment. [23/2007] (3) Action that may be taken in respect of the circumstances referred to in subsection (2) may include the revocation of the decision that the merger has not infringed the section 54 prohibition. [23/2007] (4) No penalty may be imposed under this Part in respect of any infringement of the section 54 prohibition by a merger to which this section applies. [23/2007] (5) The Commission may remove the immunity given by subsection (4) if — ( a ) it takes action under this Part with respect to the merger in one of the circumstances mentioned in subsection (2); ( b ) it considers that it is likely that the merger will infringe the section 54 prohibition; and ( c ) it gives written notice to — (i) the party on whose application the decision was made; or (ii) in a case where section 57(9) applies, the party who applied for a decision on the anticipated merger (which was carried into effect) or, where that party no longer exists, the merged entity, that it is removing the immunity as from the date specified in its notice. [23/2007] (6) If the Commission has reasonable grounds for suspecting that — ( a ) any information on which it based its decision (which may include information on the basis of which it accepted a commitment), and which was provided to it by a party involved in the merger, was incomplete, false or misleading in a material particular; or ( b ) a party who provided a commitment has failed to adhere to one or more of the terms of the commitment, the date specified in a notice under subsection (5)( c ) may be earlier than the date on which the notice is given. [23/2007] Division 4A &#x2014; Commitments


document_id: ca-2004
provision_ref: s60A
chapter: PART 3 - COMPETITION
section: 60A
title: Commitments
content:
60A. —(1) The Commission may, at any time before making a decision pursuant to an application under section 57 or 58 or an investigation under section 62(1)( c ) or ( d ) as to whether — ( a ) the section 54 prohibition will be infringed by an anticipated merger, if carried into effect; or ( b ) the section 54 prohibition has been infringed by a merger, accept from such person as it thinks appropriate, a commitment to take or refrain from taking such action as it considers appropriate for the purpose of remedying, mitigating or preventing the substantial lessening of competition or any adverse effect which — ( c ) may be expected to result from the anticipated merger, if carried into effect; or ( d ) has resulted or may be expected to result from the merger. [23/2007] (2) The Commission may, at any time before making a decision pursuant to an application under section 44 or an investigation under section 62(1)( a ) as to whether the section 34 prohibition has been infringed by an agreement, accept from such person as the Commission thinks appropriate, a commitment to take or refrain from taking such action as the Commission considers appropriate for the purpose of remedying, mitigating or preventing the prevention, restriction or distortion of competition which has resulted or may be expected to result from the agreement. [15/2018] (3) The Commission may, at any time before making a decision pursuant to an application under section 51 or an investigation under section 62(1)( b ) as to whether the section 47 prohibition has been infringed by any conduct, accept from such person as the Commission thinks appropriate, a commitment to take or refrain from taking such action as the Commission considers appropriate for the purpose of remedying, mitigating or preventing the abuse of a dominant position in a market which has resulted or may be expected to result from the conduct. [15/2018] (4) A commitment comes into force on the date specified by the Commission when it is accepted. [23/2007] (5) The Commission may, at any time when a commitment is in force, accept — ( a ) a variation of the commitment; or ( b ) another commitment in substitution, for the purpose referred to in subsection (1), (2) or (3), whichever is applicable, and any reference to a commitment accepted under any of those subsections includes a reference to a commitment varied or substituted under this subsection. [23/2007; 15/2018] (6) A commitment may be released by the Commission where it has reasonable grounds for believing that the commitment is no longer necessary or appropriate for the purpose referred to in subsection (1), (2) or (3), whichever is applicable. [23/2007; 15/2018] (7) Before accepting, varying, substituting or releasing a commitment, the Commission must, except in exceptional circumstances, consult with such person as it thinks appropriate. [23/2007]


document_id: ca-2004
provision_ref: s60B
chapter: PART 3 - COMPETITION
section: 60B
title: Effect of commitments
content:
60B. —(1) Where the Commission has accepted a commitment under section 60A(1), and subject to subsection (4), the Commission must make a decision that — ( a ) the section 54 prohibition will not be infringed by an anticipated merger, if carried into effect; or ( b ) the section 54 prohibition has not been infringed by a merger, as the case may be. [23/2007; 15/2018] (2) Where the Commission has accepted a commitment under section 60A(2) in relation to an agreement, and subject to subsection (4), the Commission must make a decision that the section 34 prohibition has not been infringed by the agreement. [15/2018] (3) Where the Commission has accepted a commitment under section 60A(3) in relation to any conduct, and subject to subsection (4), the Commission must make a decision that the section 47 prohibition has not been infringed by the conduct. [15/2018] (4) Nothing in subsection (1), (2) or (3) prevents the Commission from revoking the decision already made, commencing or continuing any investigation, or making a decision or giving a direction, where — ( a ) it has reasonable grounds for suspecting that any information on the basis of which it accepted a commitment was incomplete, false or misleading in a material particular; or ( b ) it has reasonable grounds for suspecting that a party who provided a commitment has failed to adhere to one or more of the terms of the commitment. [23/2007; 15/2018] (5) If the Commission revokes a decision referred to in subsection (1), (2) or (3), the commitment is treated, unless otherwise stated, as released from the date of that revocation. [23/2007; 15/2018] (6) The Commission may review the effectiveness of commitments it has accepted under section 60A in such circumstances as it considers appropriate. [23/2007] Division 5 &#x2014; Enforcement


document_id: ca-2004
provision_ref: s61
chapter: PART 3 - COMPETITION
section: 61
title: Guidelines on enforcement of Part
content:
61. —(1) The Commission may, with a view to enabling any person to order the person’s affairs in compliance with the provisions of this Part, cause to be published in the Gazette guidelines indicating the manner in which the Commission will interpret, and give effect to, the provisions of this Part. (2) For the purpose of preparing any guidelines under subsection (1), the Commission may consult with such persons as it thinks appropriate. (3) Where the guidelines would apply to an industry or a sector of industry that is subject to the regulation and control of another regulatory authority, the Commission must, in preparing those guidelines, consult with that regulatory authority. (4) Guidelines published under this section are not binding on the Commission.


document_id: ca-2004
provision_ref: s61A
chapter: PART 3 - COMPETITION
section: 61A
title: Power to require documents or information
content:
61A. —(1) Where the Commission — ( a ) has reasonable grounds for suspecting that any feature, or combination of features, of a market in Singapore for goods or services prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in Singapore; or ( b ) in considering an application for decision filed pursuant to section 44, 51, 57 or 58, has reasonable grounds for suspecting that — (i) the section 34 prohibition has been infringed by any agreement; (ii) the section 47 prohibition has been infringed by any conduct; (iii) the section 54 prohibition will be infringed by any anticipated merger, if carried into effect; or (iv) the section 54 prohibition has been infringed by any merger, the Commission may, by written notice to any person, require the person to produce to the Commission a specified document, or to provide the Commission with specified information, which the Commission considers relates to any matter relevant to such purposes. [23/2007] (2) A notice under subsection (1) must indicate — ( a ) the purpose for which the specified document or specified information is required by the Commission; and ( b ) the nature of the offences created by sections 75 to 78. [23/2007] (3) The Commission may specify in the notice — ( a ) the time and place at which any document is to be produced or any information is to be provided; and ( b ) the manner and form in which it is to be produced or provided. [23/2007] (4) The power under this section to require a person ( P ) to produce a document includes the power — ( a ) if the document is produced — (i) to take copies of it or extracts from it; and (ii) to require P , or any person who is a present or past officer of P , or is or was at any time employed by P , to provide an explanation of the document; or ( b ) if the document is not produced, to require P to state, to the best of P ’s knowledge and belief, where it is. [23/2007] (5) For the purposes of subsection (1)( a ), any reference to a feature of a market in Singapore for goods or services is construed as a reference to — ( a ) the structure of the market concerned or any aspect of that structure; ( b ) any conduct (whether or not in the market concerned) of one or more than one person who supplies or acquires goods or services in the market concerned; or ( c ) any conduct relating to the market concerned of customers of any person who supplies or acquires goods or services, and, in this subsection, “conduct” includes any failure to act (whether or not intentional) and any other unintentional conduct. [23/2007] (6) In subsections (1) and (2), “specified” means — ( a ) specified or described in the notice; or ( b ) falling within a category which is specified or described in the notice. [23/2007]


document_id: ca-2004
provision_ref: s62
chapter: PART 3 - COMPETITION
section: 62
title: Power to investigate
content:
62. —(1) The Commission may conduct an investigation if there are reasonable grounds for suspecting that — ( a ) the section 34 prohibition has been infringed by any agreement; ( b ) the section 47 prohibition has been infringed by any conduct; ( c ) the section 54 prohibition will be infringed by any anticipated merger, if carried into effect; or ( d ) the section 54 prohibition has been infringed by any merger. [23/2007] (2) For the purpose of subsection (1), the Commission may appoint an inspector to conduct the investigation.


document_id: ca-2004
provision_ref: s63
chapter: PART 3 - COMPETITION
section: 63
title: Power when conducting investigation
content:
63. —(1) For the purposes of an investigation under section 62, the Commission or the inspector may, by written notice to any person, require that person to produce to the Commission or the inspector a specified document, or to provide the Commission or the inspector with specified information, which the Commission or the inspector considers relates to any matter relevant to the investigation. (2) A notice under subsection (1) must indicate — ( a ) the subject matter and purpose of the investigation; and ( b ) the nature of the offences created by sections 75 to 78. (3) The Commission or the inspector may also specify in the notice — ( a ) the time and place at which any document is to be produced or any information is to be provided; and ( b ) the manner and form in which it is to be produced or provided. (4) The power under this section to require a person ( P ) to produce a document includes the power — ( a ) if the document is produced — (i) to take copies of it or extracts from it; and (ii) to require P , or any person who is a present or past officer of P , or is or was at any time employed by P , to provide an explanation of the document; or ( b ) if the document is not produced, to require P to state, to the best of P ’s knowledge and belief, where it is. (5) For the purposes of an investigation under section 62, a person who is empowered to enter any premises under section 64(1), or who is authorised under a warrant under section 65 to enter the premises specified in the warrant, may — ( a ) orally examine any individual on the premises who appears to be acquainted with the facts and circumstances relevant to the investigation that is being carried out; and ( b ) require the individual to answer any question relating to the investigation. [15/2018] (6) Any information provided verbally by an individual under subsection (1), or any answer given or statement made by an individual under subsection (5), must — ( a ) be reduced to writing; ( b ) be read over to the individual; ( c ) if the individual does not understand English, be interpreted in a language that the individual understands; and ( d ) after correction (if any), be signed by the individual. [15/2018] (7) In subsection (1), “specified” means — ( a ) specified, or described, in the notice; or ( b ) falling within a category which is specified, or described, in the notice.


document_id: ca-2004
provision_ref: s64
chapter: PART 3 - COMPETITION
section: 64
title: Power to enter premises without warrant
content:
64. —(1) In connection with an investigation under section 62 — ( a ) any officer of the Commission who is authorised by the Commission to do so (an investigating officer) and such other officers or persons as the Commission has authorised in writing to accompany the investigating officer (authorised person); and ( b ) any inspector and such other person as the inspector may require, may enter any premises. [23/2007] (2) An investigating officer or inspector, and an authorised person or person required by the inspector respectively, must not enter any premises in the exercise of the powers under this section unless the investigating officer or the inspector (as the case may be) has given the occupier of the premises a written notice which — ( a ) gives at least 2 working days’ notice of the intended entry; ( b ) indicates the subject matter and purpose of the investigation; and ( c ) indicates the nature of the offences created by sections 75 to 78. [23/2007] (3) Subsection (2) does not apply — ( a ) if the investigating officer or inspector has reasonable grounds for suspecting that the premises are, or have been, occupied by an undertaking which is being investigated in relation to — (i) an agreement referred to in section 34; (ii) conduct referred to in section 47; or (iii) an anticipated merger, or a merger referred to in section 54; or ( b ) if the investigating officer or inspector has taken all such steps as are reasonably practicable to give notice but has not been able to do so. [23/2007] (4) Where subsection (3) applies, the power of entry conferred by subsection (1) must be exercised — ( a ) in the case of an investigating officer and any authorised person, upon production of — (i) evidence of the investigating officer’s authorisation and the authorisation of every authorised person accompanying him or her; and (ii) a document containing the information referred to in subsection (2)( b ) and ( c ); and ( b ) in the case of an inspector and any person required by the inspector, upon production of — (i) evidence of the inspector’s appointment; and (ii) a document containing the information referred to in subsection (2)( b ) and ( c ). [23/2007] (5) An investigating officer, an authorised person, an inspector or a person required by the inspector entering any premises under this section may — ( a ) take with him or her such equipment as appears to him or her to be necessary; ( b ) require any person on the premises — (i) to produce any document which the investigating officer, authorised person, inspector or person required by the inspector considers relates to any matter relevant to the investigation; and (ii) if the document is produced, to provide an explanation of it; ( c ) require any person to state, to the best of the person’s knowledge and belief, where any document mentioned in paragraph ( b )(i) is to be found; ( d ) take copies of, or extracts from, any document which is produced; ( e ) require any information which is stored in any electronic form and is accessible from the premises and which he or she considers relates to any matter relevant to the investigation, to be produced in a form — (i) in which it can be taken away; and (ii) in which it is visible and legible; and ( f ) take any step which appears to be necessary for the purpose of preserving or preventing interference with any document which he or she considers relates to any matter relevant to the investigation. [23/2007; 15/2018] (6) The power to require any person on the premises to produce any document under subsection (5)( b ) includes the power to require that person to produce the document at such time and place, and in such form and manner, as may be required by the investigating officer, authorised person, inspector or person required by the inspector. [15/2018]


document_id: ca-2004
provision_ref: s65
chapter: PART 3 - COMPETITION
section: 65
title: Power to enter premises under warrant
content:
65. —(1) The Commission or any inspector may apply to a court for a warrant and the court may issue such a warrant if it is satisfied that — ( a ) there are reasonable grounds for suspecting that there are on any premises documents — (i) the production of which has been required under section 63 or 64; and (ii) which have not been produced as required; ( b ) there are reasonable grounds for suspecting that — (i) there are on any premises documents which the Commission or the inspector has power under section 63 to require to be produced; and (ii) if the documents were required to be produced, they would not be produced but would be concealed, removed, tampered with or destroyed; or ( c ) an investigating officer, an authorised person, an inspector or a person required by the inspector has attempted to enter the premises in the exercise of his or her powers under section 64 but has been unable to do so and that there are reasonable grounds for suspecting that there are on the premises documents the production of which could have been required under that section. [23/2007] (2) A warrant under this section must authorise a named officer, and — ( a ) in the case of an investigation conducted by the Commission, such other officers or persons as the Commission has authorised in writing to accompany the named officer; and ( b ) in the case of an investigation conducted by an inspector, such other persons as the inspector may require, to do all or any of the following: ( c ) to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose; ( d ) to search any person on those premises if there are reasonable grounds for believing that that person has in his or her possession any document, equipment or article which has a bearing on the investigation; ( e ) to search the premises and take copies of, or extracts from, any document appearing to be of a kind in respect of which the application under subsection (1) was granted (the relevant kind); ( f ) to take possession of any document appearing to be of the relevant kind if — (i) such action appears to be necessary for preserving the document or preventing interference with it; or (ii) it is not reasonably practicable to take copies of the document on the premises; ( g ) to take any other step which appears to be necessary for the purpose mentioned in paragraph ( f )(i); ( h ) to require any person to provide an explanation of any document appearing to be of the relevant kind or to state, to the best of his or her knowledge and belief, where it may be found; ( i ) to require any person on the premises to produce any document of the relevant kind at the time and place, and in the form and manner, required by the named officer or other officer or person whom the Commission has authorised in writing to accompany the named officer, or by any other person required under paragraph ( b ) by an inspector; ( j ) to require any information which is stored in any electronic form and is accessible from the premises and which he or she considers relates to any matter relevant to the investigation, to be produced in a form — (i) in which it can be taken away; and (ii) in which it is visible and legible; ( k ) to remove from those premises for examination any equipment or article which relates to any matter relevant to the investigation. [23/2007; 15/2018] (3) If, in the case of a warrant under subsection (1)( b ), the court is satisfied that it is reasonable to suspect that there are also on the premises other documents relating to the investigation concerned, the warrant must also authorise the actions mentioned in subsection (2) to be taken in relation to any such document. (4) Where possession of any document is taken under subsection (2)( f ) or (3), the named officer may, at the request of the person from whom possession of the document was taken, provide such person with a copy of the document. (5) A named officer may allow any equipment or article which has a bearing on an investigation and which may be removed from any premises for examination under subsection (2)( k ) to be retained on those premises subject to such conditions as the named officer may require. [23/2007] (6) Any person who fails to comply with any condition imposed under subsection (5) shall be guilty of an offence. (7) A warrant issued under this section must indicate — ( a ) the subject matter and purpose of the investigation; and ( b ) the nature of the offences created by sections 75 to 78, and continues in force until the end of the period of one month beginning from the day on which it is issued. (8) The powers conferred by this section must not be exercised except upon production of a warrant issued under this section. (9) Any person entering premises by virtue of a warrant under this section may take with him or her such equipment as appears to the person to be necessary. (10) If there is no one at the premises when the named officer proposes to execute such a warrant, the named officer must, before executing it — ( a ) take such steps as are reasonable in all the circumstances to inform the occupier of the intended entry; and ( b ) if the occupier is informed, afford the occupier or the occupier’s legal or other representative a reasonable opportunity to be present when the warrant is executed. (11) If the named officer is unable to inform the occupier of the intended entry, the named officer must, when executing the warrant, leave a copy of it in a prominent place on the premises. (12) On leaving any premises which the named officer has entered by virtue of a warrant under this section, the named officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as he or she found them. (13) Any document of which possession is taken under subsection (2)( f ) may be retained for a period of 3 months. (14) In this section — “named officer” means — ( a ) an officer of the Commission named in the warrant; or ( b ) the inspector named in the warrant, as the case may be; “occupier”, in relation to any premises, means a person whom the named officer reasonably believes is the occupier of those premises.


document_id: ca-2004
provision_ref: s66
chapter: PART 3 - COMPETITION
section: 66
title: Self-incrimination and savings for professional legal advisers
content:
66. —(1) A person is not excused from disclosing any information or document to the Commission or (as the case may be) to an investigating officer, such officer or person as the Commission has authorised in writing to accompany the investigating officer, an inspector or a person required by the inspector, under a requirement made of him or her under any provision of this Act on the ground that the disclosure of the information or document might tend to incriminate him or her. [23/2007] (2) Where a person claims, before making a statement disclosing information that he or she is required to under any provision of this Act to the Commission or (as the case may be) to an investigating officer, such officer or person as the Commission has authorised in writing to accompany the investigating officer, an inspector or a person required by the inspector, that the statement might tend to incriminate him or her, that statement — ( a ) is not admissible in evidence against him or her in criminal proceedings other than proceedings under Part 5; but ( b ) is, for the avoidance of doubt, admissible in evidence in civil proceedings, including proceedings under this Act. [23/2007] (3) Nothing in this Part — ( a ) compels a professional legal adviser to disclose or produce a privileged communication, or a document or other material containing a privileged communication, made by or to him or her in that capacity; or ( b ) authorises the taking of any such document or other material which is in his or her possession. (4) A professional legal adviser who refuses to disclose the information or produce the document or other material referred to in subsection (3) is nevertheless obliged to give the name and address (if the adviser knows them) of the person to whom, or by or on behalf of whom, that privileged communication was made.


document_id: ca-2004
provision_ref: s67
chapter: PART 3 - COMPETITION
section: 67
title: Interim measures
content:
67. —(1) If the Commission — ( a ) has reasonable grounds for suspecting that the section 34 prohibition or the section 47 prohibition has been infringed but has not completed its investigations into the matter; and ( b ) considers that it is necessary for it to act under this section as a matter of urgency for the purpose — (i) of preventing serious, irreparable damage to a particular person or category of persons; or (ii) of protecting the public interest, the Commission may give such directions as it considers appropriate for that purpose. [23/2007] (2) If the Commission has reasonable grounds for suspecting that the section 54 prohibition — ( a ) will be infringed by an anticipated merger, if carried into effect; or ( b ) has been infringed by a merger, but has not completed its investigations into the matter, and considers that it is necessary for it to act under this section — ( c ) for the purpose of preventing any action that may prejudice — (i) the investigations; or (ii) the giving of any direction under section 69; or ( d ) as a matter of urgency for the purpose — (i) of preventing serious, irreparable damage to a particular person or category of persons; or (ii) of protecting the public interest, the Commission may give such directions as it considers appropriate for that purpose. [23/2007] (3) Before giving a direction under this section, the Commission must — ( a ) give written notice to the person to whom it proposes to give the direction; and ( b ) give that person an opportunity to make representations. (4) A notice under subsection (3) must indicate the nature of the direction which the Commission is proposing to give and its reasons for wishing to give it. (5) A direction given under this section has effect while subsection (1) or (2) (as the case may be) applies, but may be replaced if the circumstances permit by a direction under section 69. [23/2007] (6) In the case of a suspected infringement of the section 34 prohibition, sections 69(2)( a ) and 85 also apply to directions given under this section. (7) In the case of a suspected infringement of the section 47 prohibition, sections 69(2)( b ) and 85 also apply to directions given under this section. (8) In the case of a suspected infringement of the section 54 prohibition by an anticipated merger, if carried into effect, or a merger, sections 69(2)( c )(i) and ( d )(i) and 85 also apply to directions given under this section. [23/2007]


document_id: ca-2004
provision_ref: s68
chapter: PART 3 - COMPETITION
section: 68
title: Decision of Commission upon completion of investigation
content:
68. —(1) Where — ( a ) after considering the statements made, or documents or articles produced, in the course of an investigation conducted by it under this Part; or ( b ) in the case of an investigation conducted by an inspector, after considering the report of the inspector, the Commission proposes to make a decision that the section 34 prohibition has been infringed by any agreement, the section 47 prohibition has been infringed by any conduct, the section 54 prohibition will be infringed by any anticipated merger, if carried into effect, or the section 54 prohibition has been infringed by any merger, the Commission must — ( c ) give written notice to the person likely to be affected by such decision; and ( d ) give such person an opportunity to make representations to the Commission. [23/2007] (2) Subject to subsections (3) and (5), upon considering any representation made to the Commission under subsection (1)( d ), the Commission may, as it thinks fit, make a decision that — ( a ) the section 34 prohibition has been infringed by any agreement; ( b ) the section 47 prohibition has been infringed by any conduct; ( c ) the section 54 prohibition will be infringed by any anticipated merger, if carried into effect; or ( d ) the section 54 prohibition has been infringed by any merger. [23/2007] (3) Where — ( a ) in relation to an anticipated merger, the Commission proposes to make a decision that the section 54 prohibition will be infringed by the anticipated merger, if carried into effect; or ( b ) in relation to a merger, the Commission proposes to make a decision that the section 54 prohibition has been infringed by the merger, and the Commission has given written notice under subsection (1)( c ) to the parties to the anticipated merger or the parties involved in the merger (as the case may be) any such party may, within 14 days of the date of the notice, apply to the Minister for the anticipated merger, if carried into effect, or the merger to be exempted from the section 54 prohibition on the ground of any public interest consideration. [23/2007] (4) The decision of the Minister under subsection (3) is final. (5) Where the Minister exempts an anticipated merger or a merger under subsection (3), the Commission may make a decision that — ( a ) the section 54 prohibition will not be infringed by the anticipated merger, if carried into effect; or ( b ) the section 54 prohibition has not been infringed by the merger. [23/2007] (6) The Minister may revoke the exemption of an anticipated merger or a merger granted under subsection (3) if the Minister has reasonable grounds for suspecting that the information on which the Minister based his or her decision was incomplete, false or misleading in a material particular. [23/2007]


document_id: ca-2004
provision_ref: s69
chapter: PART 3 - COMPETITION
section: 69
title: Enforcement of decision of Commission
content:
69. —(1) Where the Commission has made a decision that — ( a ) any agreement has infringed the section 34 prohibition; ( b ) any conduct has infringed the section 47 prohibition; ( c ) any anticipated merger, if carried into effect, will infringe the section 54 prohibition; or ( d ) any merger has infringed the section 54 prohibition, the Commission may give to such person as it thinks appropriate such directions as it considers appropriate to bring the infringement or the circumstances referred to in paragraph ( c ) to an end and, where necessary, requiring that person to take such action as is specified in the direction to remedy, mitigate or eliminate any adverse effects of such infringement or circumstances and to prevent the recurrence of such infringement or circumstances. [23/2007] (2) A direction referred to in subsection (1) may, in particular, include provisions — ( a ) where the decision is that any agreement has infringed the section 34 prohibition, requiring parties to the agreement to modify or terminate the agreement; ( b ) where the decision is that any conduct has infringed the section 47 prohibition, requiring the person concerned to modify or cease the conduct; ( c ) where the decision is that any anticipated merger, if carried into effect, will infringe the section 54 prohibition — (i) prohibiting the anticipated merger from being carried into effect; (ii) requiring any parties to any agreement that is directly related and necessary to the implementation of the merger (which would result from the anticipated merger being carried into effect) to modify or terminate the agreement, even though the agreement is excluded under paragraph 10 of the Third Schedule or the Commission has given guidance or a decision under section 45 or 46 (as the case may be) that the agreement is unlikely to infringe, or has not infringed, the section 34 prohibition; and (iii) requiring any person concerned with any conduct that is directly related and necessary to the implementation of the merger (which would result from the anticipated merger being carried into effect) to modify or cease that conduct, even though the conduct is excluded under paragraph 10 of the Third Schedule or the Commission has given guidance or a decision under section 52 or 53 (as the case may be) that the conduct is unlikely to infringe, or has not infringed, the section 47 prohibition; ( d ) where the decision is that any merger has infringed the section 54 prohibition — (i) requiring the merger to be dissolved or modified in such manner as the Commission may direct; (ii) requiring any parties to any agreement that is directly related and necessary to the implementation of the merger to modify or terminate the agreement, even though the agreement is excluded under paragraph 10 of the Third Schedule or the Commission has given guidance or a decision under section 45 or 46 (as the case may be) that the agreement is unlikely to infringe, or has not infringed, the section 34 prohibition; and (iii) requiring any person concerned with any conduct that is directly related and necessary to the implementation of the merger to modify or cease that conduct, even though the conduct is excluded under paragraph 10 of the Third Schedule or the Commission has given guidance or a decision under section 52 or 53 (as the case may be) that the conduct is unlikely to infringe, or has not infringed, the section 47 prohibition; ( e ) where the decision is that any agreement has infringed the section 34 prohibition, any conduct has infringed the section 47 prohibition or any merger has infringed the section 54 prohibition, to pay to the Commission such financial penalty in respect of the infringement as the Commission may determine; and ( f ) in any case, requiring any party to an agreement that has infringed the section 34 prohibition, any person whose conduct has infringed the section 47 prohibition, any party to an anticipated merger which, if carried into effect, will infringe the section 54 prohibition or any party involved in a merger that has infringed the section 54 prohibition — (i) to enter such legally enforceable agreements as may be specified by the Commission and designed to prevent or lessen the anti-competitive effects which have arisen; (ii) to dispose of such operations, assets or shares of such undertaking in such manner as may be specified by the Commission; and (iii) to provide a performance bond, guarantee or other form of security on such terms and conditions as the Commission may determine. [23/2007] (3) For the purpose of subsection (2)( e ), the Commission may impose a financial penalty only if it is satisfied that the infringement has been committed intentionally or negligently. [23/2007] (4) No financial penalty fixed by the Commission under this section may exceed 10% or such other percentage of such turnover of the business of the undertaking in Singapore for each year of infringement for such period, up to a maximum of 3 years, as the Minister may, by order in the Gazette , prescribe. (5) The Commission must, in any direction requiring the payment of a financial penalty, specify the date before which the financial penalty is to be paid, being a date not earlier than the end of the period within which an appeal against the direction may be brought under section 71. (6) The Minister may, by order in the Gazette , prescribe the interest payable on the outstanding amount of any financial penalty imposed under subsection (2)( e ) and for payment by instalment (as may be directed by the Commission in its discretion) of any financial penalty imposed under subsection (2)( e ). [4/2010]


document_id: ca-2004
provision_ref: s70
chapter: PART 3 - COMPETITION
section: 70
title: Notification
content:
70. The Commission must, within 14 days of its making any decision or direction under this Part, notify any person affected by such decision or direction.


document_id: ca-2004
provision_ref: s71
chapter: PART 4 - APPEALS
section: 71
title: Appealable decisions
content:
71. —(1) Any party to an agreement in respect of which the Commission has made a decision, any person in respect of whose conduct the Commission has made a decision, any party to an anticipated merger in respect of which the Commission has made a decision or any party involved in a merger in respect of which the Commission has made a decision, may appeal within the prescribed period to the Board against, or with respect to, that decision. [23/2007] (2) Any person, other than a person referred to in subsection (1), to whom the Commission has given a direction under section 58A, 67 or 69 may appeal within the prescribed period to the Board against, or with respect to, that direction. [23/2007] (3) Except in the case of an appeal against the imposition, or the amount, of a financial penalty, the making of an appeal under this section does not suspend the effect of the decision to which the appeal relates. (4) In subsection (1), “decision” means a decision of the Commission as to — ( a ) whether the section 34 prohibition has been infringed by any agreement; ( b ) whether the section 47 prohibition has been infringed by any conduct; ( c ) whether the section 54 prohibition will be infringed by any anticipated merger, if carried into effect; or ( d ) whether the section 54 prohibition has been infringed by any merger, and includes a direction given under section 58A, 67 or 69 (including the imposition of any financial penalty under section 69 or as to the amount of any such financial penalty) and such other decision as the Minister may by regulations prescribe. [23/2007] Division 2 &#x2014; Competition Appeal Board


document_id: ca-2004
provision_ref: s72
chapter: PART 4 - APPEALS
section: 72
title: Competition Appeal Board
content:
72. —(1) For the purpose of hearing any appeal referred to in section 71(1), there is to be a Competition Appeal Board consisting of not more than 30 members appointed, from time to time, by the Minister on the basis of their ability and experience in industry, commerce or administration or their professional qualifications or their suitability otherwise for appointment. (2) Members of the Board hold office for such period as may be determined by the Minister and are eligible for re‑appointment. (3) The Minister may at any time remove any member of the Board from office without assigning any reason. (4) A member of the Board may resign his or her office by notice in writing to the Minister. (5) The Minister must appoint to be Chairperson of the Board a person who is qualified to be a Supreme Court Judge. [40/2019] (6) The Chairperson of the Board, when present, presides at every meeting of the Board, and in the Chairperson’s absence such member of the Board as may be chosen by the members present presides. (7) The Minister may appoint a secretary to the Board and such other officers and employees of the Board as may be necessary. (8) All the powers, functions and duties of the Board may be exercised, performed and discharged by any committee of the Board consisting of not less than 3 members of the Board, one of whom may be the Chairperson of the Board. (9) Any act, finding or decision of any such committee is deemed to be the act, finding or decision of the Board. (10) The secretary must, from time to time, summon such members of the Board as may be nominated by the Chairperson of the Board, to constitute a committee of the Board for the purposes of giving effect to the provisions of this Part, and it is the duty of such members to attend at the times and places specified in the summons. (11) Subject to subsection (12), where the Chairperson of the Board is nominated under subsection (10) as a member of a committee, he or she presides at every meeting of the committee, and where the Chairperson is not nominated as a member of a committee, the Chairperson must determine which member of the committee is to preside at every meeting of that committee. (12) Where the Chairperson of the Board or the member determined by the Chairperson under subsection (11) (as the case may be) is absent at any committee meeting, such member of the committee as may be chosen by the members present presides. (13) All matters coming before the Board or a committee of the Board at any sitting thereof must be decided by a majority of votes of those members present and, in the event of an equality of votes, the Chairperson of the Board or any other member presiding has a second or casting vote. (14) Members of the Board may receive such remuneration and such travelling and subsistence allowances as the Minister may determine. (15) The Minister may make regulations — ( a ) prescribing the period within which appeals may be made; ( b ) prescribing the manner in which appeals are to be made to the Board; ( c ) prescribing the procedure to be adopted by the Board in hearing appeals and the records to be kept by the Board; ( d ) prescribing the places where and the times at which appeals are to be heard by the Board; ( e ) prescribing the fees to be paid in respect of any appeal under this Part; ( f ) permitting the Board to order interest to be paid on any financial penalty imposed, confirmed or varied by the Board; ( g ) prescribing the award of costs of or incidental to any proceedings before the Board or the award of expenses, including any allowances payable to persons in connection with their attendance before the Board; and ( h ) generally for the better carrying out of the provisions of this Part. [4/2010]


document_id: ca-2004
provision_ref: s73
chapter: PART 4 - APPEALS
section: 73
title: Powers and decisions of Board
content:
73. —(1) The Board must, by notice to the Commission and the appellant, specify the date on and the place at which the appeal is to be heard. (2) The Board has all the powers and duties of the Commission that are necessary to perform its functions and discharge its duties under this Act. (3) The Board has the powers, rights and privileges vested in a District Court on the hearing of an action, including — ( a ) the enforcement of the attendance of witnesses and their examination on oath or otherwise; ( b ) the compelling of the production of documents; and ( c ) the award of such costs or expenses as may be prescribed under section 72(15). (4) A summons signed by such member of the Board as may be authorised by the Board is equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents. (5) Where any person being duly summoned to attend before the Board does not so attend, that person shall be guilty of an offence. (6) A witness before the Board is entitled to the same immunities and privileges as if he or she were a witness before a District Court. (7) All appeals under this section must be determined, having regard to the nature and complexity of the appeal, as soon as reasonably practicable. (8) The Board may confirm or set aside the decision which is the subject of the appeal, or any part of it, and may — ( a ) remit the matter to the Commission; ( b ) impose or revoke, or vary the amount of, a financial penalty; ( c ) give such direction, or take such other step, as the Commission could itself have given or taken; or ( d ) make any other decision which the Commission could itself have made. (9) Any decision of the Board on an appeal has the same effect, and may be enforced in the same manner, as a decision of the Commission. (10) If the Board confirms the decision which is the subject of the appeal it may nevertheless set aside any finding of fact on which the decision was based. (11) The Board must notify the appellant of its decision in respect of the appellant’s appeal and the reasons for its decision.


document_id: ca-2004
provision_ref: s74
chapter: PART 4 - APPEALS
section: 74
title: Appeals to General Division of High Court, etc.
content:
74. —(1) An appeal against, or with respect to, a decision of the Board made under section 73 shall lie to the General Division of the High Court — ( a ) on a point of law arising from a decision of the Board; or ( b ) from any decision of the Board as to the amount of a financial penalty. [40/2019] (2) An appeal under this section may be made only at the instance of a person who was a party to the proceedings in which the decision of the Board was made. (3) The General Division of the High Court shall hear and determine any such appeal and may — ( a ) confirm, modify or reverse the decision of the Board; and ( b ) make such further or other order on such appeal, whether as to costs or otherwise, as the General Division of the High Court may think fit. [40/2019] (4) There is such further right of appeal from decisions of the General Division of the High Court under this section as exists in the case of decisions made by the General Division of the High Court in the exercise of its original civil jurisdiction. [40/2019]


document_id: ca-2004
provision_ref: s75
chapter: PART 5 - OFFENCES
section: 75
title: Refusal to provide information, etc.
content:
75. —(1) Any person who fails to comply with a requirement imposed on the person under section 61A, 63, 64 or 65 shall be guilty of an offence. [23/2007] (2) If a person is charged with an offence under subsection (1) in respect of a requirement to produce a document, it is a defence for the person to prove that — ( a ) the document was not in the person’s possession or under the person’s control; and ( b ) it was not reasonably practicable for the person to comply with the requirement. (3) If a person is charged with an offence under subsection (1) in respect of a requirement — ( a ) to provide information or answer any question posed to the person; ( b ) to provide an explanation of a document; or ( c ) to state where a document is to be found, it is a defence for the person to prove that the person had a reasonable excuse for failing to comply with the requirement. [15/2018] (4) Failure to comply with a requirement imposed under section 61A, 63 or 64 shall not be an offence if the person imposing the requirement has failed to act in accordance with that section. [23/2007]


document_id: ca-2004
provision_ref: s76
chapter: PART 5 - OFFENCES
section: 76
title: Destroying or falsifying documents
content:
76. Any person who, having been required to produce a document under section 61A, 63, 64 or 65 — ( a ) intentionally or recklessly destroys or otherwise disposes of it, falsifies it or conceals it; or ( b ) causes or permits its destruction, disposal, falsification or concealment, shall be guilty of an offence. [23/2007]


document_id: ca-2004
provision_ref: s77
chapter: PART 5 - OFFENCES
section: 77
title: False or misleading information
content:
77. —(1) Any person who provides information to the Commission, an investigating officer or an inspector or any person authorised, appointed or employed to assist the Commission, investigating officer or inspector, in connection with any function or duty of the Commission, investigating officer or inspector under this Act shall be guilty of an offence if — ( a ) the information is false or misleading in a material particular; and ( b ) he or she knows that it is false or misleading in a material particular or is reckless as to whether it is. (2) A person who — ( a ) provides an information to another person, knowing the information to be false or misleading in a material particular; or ( b ) recklessly provides any information to another person which is false or misleading in a material particular, knowing that the information is to be used for the purpose of providing information to the Commission, an investigating officer or an inspector or any person authorised, appointed or employed to assist the Commission, investigating officer or inspector, in connection with any function or duty of the Commission, investigating officer or inspector under this Act, shall be guilty of an offence.


document_id: ca-2004
provision_ref: s78
chapter: PART 5 - OFFENCES
section: 78
title: Obstruction of officer of Commission, etc.
content:
78. Any person who refuses to give access to, or assaults, hinders or delays any member, officer, employee or agent of the Commission authorised to act for or assist the Commission, or any inspector or person assisting an inspector, in the discharge of his or her duties under this Act shall be guilty of an offence.


document_id: ca-2004
provision_ref: s79
chapter: PART 5 - OFFENCES
section: 79
title:
No costs or damages or other relief arising from seizure to be recoverable unless seizure without reasonable or probable cause

content:
79. No person is, in any proceedings before any court in respect of any equipment, article or document seized in the exercise or the purported exercise of any power conferred under this Act, entitled to the costs of the proceedings or to any damages or other relief other than an order for the return of the equipment, article or document or the payment of their value unless the seizure was made without reasonable or probable cause.


document_id: ca-2004
provision_ref: s80
chapter: PART 5 - OFFENCES
section: 80
title: Powers of enforcement
content:
80. —(1) In addition to the powers conferred on him or her by this Act or any other written law, an officer or employee of the Commission may, in relation to any offence under this Act, on declaration of his or her office and production to the person against whom he or she is acting such identification card as the Chief Executive may direct to be carried by officers or employees of the Commission — ( a ) require any person whom the officer or employee of the Commission reasonably believes to have committed that offence to furnish evidence of the person’s identity; ( b ) require any person to furnish any information or produce any document or copy thereof in the possession of that person, and may, without fee or reward, inspect, make copies or extracts from such document; and ( c ) require, by written order, the attendance before the officer or employee of any person being within the limits of Singapore who, from the information given or otherwise obtained by the officer or employee, appears to be acquainted with the circumstances of the case. (2) Any person who — ( a ) wilfully misstates or without lawful excuse refuses to give any information or produce any document or copy thereof required of him or her by an officer or employee of the Commission under subsection (1); or ( b ) fails to comply with a lawful demand of an officer or employee of the Commission in the discharge of his or her duties by such officer or employee under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: ca-2004
provision_ref: s81
chapter: PART 5 - OFFENCES
section: 81
title: Offences by bodies corporate, etc.
content:
81. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the officer’s or member’s part, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “officer” — ( a ) in relation to a body corporate, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (6) The Commission may, with the approval of the Minister, make regulations to provide for the application of any provision of this section, with such modifications as may be appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: ca-2004
provision_ref: s82
chapter: PART 5 - OFFENCES
section: 82
title: Jurisdiction of court
content:
82. 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 for any such offence.


document_id: ca-2004
provision_ref: s83
chapter: PART 5 - OFFENCES
section: 83
title: General penalty
content:
83. Any person who is guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: ca-2004
provision_ref: s84
chapter: PART 5 - OFFENCES
section: 84
title: Composition of offences
content:
84. —(1) Any offence under — ( a ) this Act; or ( b ) any subsidiary legislation made under this Act, may be compounded under this section if the offence is prescribed as a compoundable offence. (2) For the purpose of subsection (1), the Commission may, with the approval of the Minister, make regulations — ( a ) to prescribe the offences under this Act or any subsidiary legislation made under this Act as offences that may be compounded under this section; ( b ) to designate the person who may compound such offences; and ( c ) to specify the maximum sum for which such offence may be compounded, except that the maximum sum so specified must not exceed the lower of the following: (i) one half of the amount of the maximum fine that is prescribed for the offence; (ii) $5,000. (3) The person designated under subsection (2)( b ) may compound any offence prescribed under subsection (2)( a ) by collecting from a person who is reasonably suspected of having committed the offence a sum of money not exceeding the maximum sum that is specified under subsection (2)( c ) in respect of that offence.


document_id: ca-2004
provision_ref: s85
chapter: PART 6 - MISCELLANEOUS
section: 85
title: Enforcement of directions of Commission and commitments in District Court
content:
85. —(1) For the purposes of enforcement of any direction made by the Commission under section 58A, 67 or 69, or any commitment accepted by the Commission under section 60A and which it has not released, the Commission may apply for the direction or commitment to be registered in a District Court in accordance with the Rules of Court and the District Court is to register the direction or commitment in accordance with the Rules of Court. [23/2007] (2) From the date of registration of any direction or commitment under subsection (1), the direction or commitment has the same force and effect, and all proceedings may be taken on the direction or commitment, for the purposes of enforcement as if it had been an order originally obtained in the District Court which has power to enforce it accordingly. [23/2007] (3) A District Court has jurisdiction to enforce any direction or commitment in accordance with subsection (2) regardless of the monetary amount involved and may, for the purpose of enforcing such direction or commitment, make any order — ( a ) to secure compliance with the direction or commitment; or ( b ) to require any person to do anything to remedy, mitigate or eliminate any effects arising from — (i) anything done which ought not, under the direction or commitment, to have been done; or (ii) anything not done which ought, under the direction or commitment, to have been done, which would not have occurred had the direction or commitment been complied with. [23/2007] (4) Nothing in this section confers upon the District Court any power to order the winding up of a company. [23/2007]


document_id: ca-2004
provision_ref: s86
chapter: PART 6 - MISCELLANEOUS
section: 86
title: Rights of private action
content:
86. —(1) Any person who suffers loss or damage directly as a result of an infringement of the section 34 prohibition, the section 47 prohibition or the section 54 prohibition has a right of action for relief in civil proceedings in a court under this section against any undertaking which is or which has at the material time been a party to such infringement. (2) No action to which subsection (1) applies may be brought — ( a ) until after a decision referred to in subsection (3) has established that the section 34 prohibition, the section 47 prohibition or the section 54 prohibition has been infringed; and ( b ) during the period referred to in subsection (4). (3) The decisions which may be relied upon for the purposes of an action under this section are — ( a ) the Commission’s decision under section 68; ( b ) the Board’s decision under section 73 (on an appeal from the Commission’s decision under section 71); ( c ) the decision of the General Division of the High Court under section 74 (on an appeal from the Board’s decision under that section); and ( d ) the decision of the appellate court under section 74 (on an appeal from the decision of the General Division of the High Court under that section). [40/2019] (4) The periods during which an action may not be brought under this section are — ( a ) in the case of a decision of the Commission, the period during which an appeal may be made to the Board under section 71(1); ( b ) in the case of a decision of the Commission which is the subject of an appeal to the Board as referred to in paragraph ( a ), the period following the decision of the Board during which a further appeal may be made under section 74 to the General Division of the High Court; and ( c ) in the case of a decision of the General Division of the High Court which is the subject of a further appeal, the period during which such an appeal may be made under section 74. [40/2019] (5) Where any appeal referred to in paragraph ( a ), ( b ) or ( c ) of subsection (4) is made, the period specified in that paragraph includes the period before the appeal is determined. (6) No action to which subsection (1) applies may be brought after the end of 2 years after the relevant period specified in subsection (4). (7) In determining a claim under this section, the court shall accept as final and conclusive any decision referred to in subsection (3) which establishes that the prohibition in question has been infringed. (8) The court may grant to the claimant in an action under subsection (1) all or any of the following reliefs: ( a ) relief by way of injunction or declaration; ( b ) damages; ( c ) such other relief as the court thinks fit. [Act 25 of 2021 wef 01/04/2022] (9) Nothing in this section confers on any party to an agreement which infringes the section 34 prohibition a right of action for relief.


document_id: ca-2004
provision_ref: s87
chapter: PART 6 - MISCELLANEOUS
section: 87
title: Cooperation between Commission and other regulatory authorities on competition matters
content:
87. —(1) The Commission may enter into any agreement with any regulatory authority for the purposes of — ( a ) facilitating cooperation between the Commission and the regulatory authority in the performance of their respective functions insofar as they relate to issues of competition between undertakings; ( b ) avoiding duplication of activities by the Commission and the regulatory authority, being activities involving the determination of the effects on competition of any act done, or proposed to be done; and ( c ) ensuring, as far as practicable, consistency between decisions made or other steps taken by the Commission and the regulatory authority insofar as any part of those decisions or steps consists of or relates to a determination of any issue of competition between undertakings. (2) An agreement that is entered into under subsection (1) is referred to in this section as a cooperation agreement. (3) A cooperation agreement may include — ( a ) a provision enabling each party to furnish to another party information in its possession if the information is required by that other party for the purpose of the performance by it of any of its functions; ( b ) a provision enabling each party to forbear to perform any of its functions in relation to a matter in circumstances where it is satisfied that another party is performing functions in relation to that matter; and ( c ) a provision requiring each party to consult with any other party before performing any function in circumstances where the respective exercise by each party of the function concerned involves the determination of issues of competition between undertakings that are identical to one another or fall within the same category of such an issue, being a category specified in the agreement. (4) In this section — “issue of competition between undertakings” includes an issue of competition between undertakings that arises generally in the sector of activity in relation to which the Commission or the regulatory authority may exercise powers and such an issue that falls, or could fall, to be the subject of the exercise by the Commission or the regulatory authority of powers in particular circumstances; “party” means a party to a cooperation agreement and a reference to another party (whether that expression or the expression “other party” is used) is, where there are 2 or more other parties to the agreement, a reference to one or more of those other parties or each of them, as appropriate.


document_id: ca-2004
provision_ref: s88
chapter: PART 6 - MISCELLANEOUS
section: 88
title: Cooperation between Commission and foreign competition bodies
content:
88. —(1) The Commission may, with the approval of the Minister, enter into arrangements with any foreign competition body whereby each party to the arrangements may — ( a ) furnish to the other party information in its possession if the information is required by that other party for the purpose of performance by it of any of its functions; and ( b ) provide such other assistance to the other party as will facilitate the performance by that other party of any of its functions. (2) The Commission must not furnish any information to a foreign competition body pursuant to such arrangements unless it requires of, and obtains from, that body an undertaking in writing by it that it will comply with terms specified in that requirement, including terms that correspond to the provisions of any other written law concerning the disclosure of that information by the Commission. (3) The Commission may give an undertaking to a foreign competition body that it will comply with terms specified in a requirement made of the Commission by the body to give such an undertaking where — ( a ) those terms correspond to the provisions of any law in force in the country or territory in which the body is established, being provisions which concern the disclosure by the body of the information referred to in paragraph ( b ); and ( b ) compliance with the requirement is a condition imposed by the body for furnishing information in its possession to the Commission pursuant to the arrangements referred to in subsection (1). (4) In this section, “foreign competition body” means a person in whom there are vested functions under the law of another country or territory with respect to the enforcement or the administration of provisions of law of that country or territory concerning competition between undertakings (whether in a particular sector of the economy of that country or territory or throughout that economy generally).


document_id: ca-2004
provision_ref: s89
chapter: PART 6 - MISCELLANEOUS
section: 89
title: Preservation of secrecy
content:
89. —(1) Subject to subsection (5), every specified person must preserve, and aid in the preserving of, secrecy with regard to — ( a ) all matters relating to the business, commercial or official affairs of any person; ( b ) all matters that have been identified as confidential under subsection (3); and ( c ) all matters relating to the identity of persons furnishing information to the Commission, that may come to his or her knowledge in the performance of his or her functions and discharge of his or her duties under this Act and must not communicate any such matter to any person, except in so far as such communication — ( d ) is necessary for the performance of any such function or discharge of any such duty; or ( e ) is lawfully required by any court or the Board, or lawfully required or allowed under this Act or any other written law. [5/2018] (2) Any person who fails to comply with subsection (1) shall be guilty of an offence. (3) Any person, when furnishing any information to the Commission, may identify information that he or she claims to be confidential information. (4) Every claim made under subsection (3) must be supported by a written statement giving reasons why the information is confidential. (5) Despite subsection (1), the Commission may disclose any information relating to any matter referred to in subsection (1) in any of the following circumstances: ( a ) where the consent of the person to whom the information relates has been obtained; ( b ) for the purposes of — (i) a prosecution under this Act; (ii) subject to subsection (6), enabling the Commission to give effect to any provision of this Act; (iii) enabling the Commission, an investigating officer or an inspector to investigate a suspected offence under this Act or to enforce a provision thereof; or (iv) complying with such provision of an agreement between Singapore and a country or territory outside Singapore (called in this section a foreign country) as may be prescribed, where the conditions specified in subsection (7) are satisfied. (6) If the Commission is considering whether to disclose any information under subsection (5)( b )(ii), the Commission must have regard to — ( a ) the need for excluding, so far as is practicable, information the disclosure of which would in its opinion be contrary to the public interest; ( b ) the need for excluding, so far as is practicable — (i) commercial information the disclosure of which would, or might, in its opinion, significantly harm the legitimate business interests of the undertaking to which it relates; or (ii) information relating to the private affairs of an individual the disclosure of which would, or might, in its opinion, significantly harm the individual’s interest; and ( c ) the extent to which the disclosure is necessary for the purposes for which the Commission is proposing to make the disclosure. (7) The conditions referred to in subsection (5)( b )(iv) are — ( a ) the information or documents requested by the foreign country are available to the Commission; ( b ) unless the Government otherwise allows, the foreign country undertakes to keep the information given confidential at all times; and ( c ) the disclosure of the information is not likely to be contrary to the public interest. (8) In this section, “specified person” means a person who is or has been — ( a ) a member, an officer, an employee or an agent of the Commission; ( b ) a member of a committee of the Commission or any person authorised, appointed or employed to assist the Commission; ( c ) an inspector or a person authorised, appointed or employed to assist an inspector; or ( d ) a member of the Board or any person authorised, appointed or employed to assist the Board.


document_id: ca-2004
provision_ref: s90
chapter: PART 6 - MISCELLANEOUS
section: 90
title: Protection from personal liability
content:
90. No liability shall lie personally against any of the following persons for anything done or purported to be done, or omitted to be done, in good faith and with reasonable care in the performance or purported performance of any function of the Commission or the exercise or purported exercise of any power of the Commission under this Act or any other written law: ( a ) the Chief Executive; ( b ) any member, officer, employee, agent or committee member of the Commission; [Act 13 of 2025 wef 01/07/2025] ( c ) any member of the Board or any person authorised, appointed or employed to assist the Board; ( d ) any person who is on secondment or attachment to the Commission; ( e ) any person authorised, appointed, employed or directed by the Commission to exercise the Commission’s powers, perform the Commission’s functions or discharge the Commission’s duties or to assist the Commission in the exercise of the Commission’s powers, the performance of the Commission’s functions or the discharge of the Commission’s duties; ( f ) any inspector or any person authorised, appointed or employed to assist the inspector in connection with any function or duty of the inspector. [15/2018]


document_id: ca-2004
provision_ref: s91
chapter: PART 6 - MISCELLANEOUS
section: 91
title: Public servants
content:
91. All inspectors and all members of the Board shall be deemed to be public servants for the purposes of the Penal Code 1871. [5/2018]


document_id: ca-2004
provision_ref: s91A
chapter: PART 6 - MISCELLANEOUS
section: 91A
title: Proceedings conducted by officers of Commission
content:
91A. —(1) Proceedings in respect of an offence under this Act may, with the authorisation of the Public Prosecutor, be conducted by an officer of the Commission who is authorised in writing in that behalf by the Chief Executive. [15/2010] (2) Despite the provisions of any written law, a legal officer of the Commission who has been admitted as an advocate and solicitor under the Legal Profession Act 1966 may — ( a ) appear in any civil proceedings involving the Commission in the performance of its functions or duties under any written law; and ( b ) make and do all acts and applications in respect of the civil proceedings on behalf of the Commission.


document_id: ca-2004
provision_ref: s93
chapter: PART 6 - MISCELLANEOUS
section: 93
title: Regulations
content:
93. —(1) The Commission may, with the approval of the Minister, make regulations for any purpose for which regulations are required to be made under this Act and generally for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Commission may, with the approval of the Minister, make regulations for or with respect to all or any of the following matters: ( a ) the manner of appointment, conduct and discipline and the terms and conditions of service of the employees of the Commission; ( b ) the establishment of funds for the payment of gratuities and other benefits to employees of the Commission; ( c ) the form and manner in which a notification under section 38(1) is to be made; ( d ) the form and manner in which complaints that the section 34 prohibition has been infringed by any agreement, the section 47 prohibition has been infringed by any conduct, the section 54 prohibition will be infringed by any anticipated merger, if carried into effect, or the section 54 prohibition has been infringed by any merger, are to be submitted to the Commission; ( e ) the acceptance of commitments, and the variation, substitution or release of commitments, including the parties that may apply for the variation, substitution or release of commitments and the form and manner in which applications for the variation, substitution or release of any commitment are to be submitted to the Commission; ( f ) the form and manner in which notices of decisions and directions of the Commission are to be given, and the persons to whom such notices are to be given; ( g ) the fees to be charged in respect of anything done or any services rendered by the Commission under or by virtue of this Act, including the calculation of the amount of fees by reference to matters including — (i) the turnover of all or any party to an agreement (determined in such manner as may be prescribed); (ii) the turnover of any person whose conduct the Commission is to consider (determined in such manner as may be prescribed); (iii) the turnover of all or any party to an anticipated merger (determined in such manner as may be prescribed); and (iv) the turnover of all or any party involved in a merger (determined in such manner as may be prescribed); ( h ) anything which may be prescribed or is required to be prescribed under this Act. [23/2007] 94. [ Repealed by Act 4 of 2021 ]


