Authority’s symbol
Open ↗48.—(1) The Authority has the exclusive right to the use of such symbol or representation as it may select or devise and thereafter display or exhibit in connection with its activities or affairs.
(2) Any person who uses a symbol or representation identical to that of the Authority, or which so resembles the Authority’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.[33
Penalty for obtaining grants, loans or financial assistance by false or misleading statements
Open ↗49.—(1) Any person who obtains payment of any grant or loan or any other form of financial assistance from the Authority by means of any false or misleading statement or any document that is false or misleading in any particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both.
(2) Where a person is convicted of an offence under this section, the court may, in addition to imposing a penalty under this section, order the person to repay the amount of any money wrongfully obtained.
(3) Where an order has been made under subsection (2), a certified copy of the order may be filed in a court having civil jurisdiction to the extent of the amount ordered to be repaid and the order is thereupon enforceable in all respects as the final judgment of that court.[34
Obstructing officers in execution of their duties, etc.
Open ↗50.—(1) Any person who obstructs, hinders or impedes any enforcement officer or assisting officer within the meaning of Part 7 or any other person acting under the direction of the Authority in the performance or execution of his or her duty or anything which he or she is authorised, empowered or required to do under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(2) Any person who 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 an enforcement officer or assisting officer within the meaning of Part 7 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(3) Every police officer, officer of customs or immigration officer, and every enforcement officer and assisting officer within the meaning of Part 7 when exercising any powers under that Part or other provisions of this Act must —(a)
if not in uniform, declare his or her office; and
(b)
on demand, produce to any person affected by the exercise of those powers such identification card as the Commissioner of Police, the Director-General of Customs, the Controller of Immigration or the Chief Executive, respectively, may direct to be carried by the police officer, officer of customs, immigration officer, enforcement officer and assisting officer.
(4) It is not an offence for any person to refuse to comply with any request, demand or order made or given by —(a)
any police officer, officer of customs or immigration officer not in uniform who fails to declare his or her office and refuses to produce his or her identification card on demand by that person; or
(b)
any enforcement officer and assisting officer within the meaning of Part 7 who fails to declare his or her office and refuses to produce his or her identification card on demand by that person.[34A
Offences by bodies corporate, etc.
Open ↗51.—(1) Where an offence committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —(a)
any director, manager, secretary or other similar officer of the body corporate; or
(b)
any person who was purporting to act in any such capacity,
he or she, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(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 committed by a partnership is proved —(a)
to have been committed with the consent or connivance of any partner of the partnership; or
(b)
to be attributable to any neglect on the part of any partner of the partnership,
he or she, as well as the partnership, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly; and a fine imposed on a partnership in such proceedings are to be paid out of the partnership assets.
(4) Where an offence committed by an unincorporated association (other than a partnership) is proved —(a)
to have been committed with the consent or connivance of any officer of the unincorporated association or any member of its governing body, as the case may be; or
(b)
to be attributable to any neglect on the part of any such officer or member,
he or she, as well as the unincorporated association, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(5) In this section —“body corporate” includes a limited liability partnership (which has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005);
“offence” means an offence under this Act or any regulations made under this Act;
“officer” —(a)
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
(6) The Minister may make regulations providing for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.[34B
Composition of offences
Open ↗52.—(1) The Chief Executive or any officer of the Authority duly authorised by the Chief Executive to do so may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:(a)
one half of the amount of the maximum fine that is prescribed for the offence;
(b)
$5,000.
(2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.
(3) All sums collected under this section must be paid to the Authority.[34C
Jurisdiction of court
Open ↗53. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.[34D
Service of documents, etc.
Open ↗54.—(1) Subject to subsection (3), any document required or authorised to be served under this Act may be served —(a)
in the case of an individual —(i)
by delivering it to the individual personally;
(ii)
by leaving it with an adult person apparently resident at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of residence;
(iii)
by leaving it with an adult person apparently employed at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of business;
(iv)
by affixing a copy of the notice in a conspicuous place at the usual or last known address of the individual’s residence or business;
(v)
by sending it by fax to the fax number used at the usual or last known address of the individual’s place of residence or business, or the last fax number given to the Authority or an authorised officer by the individual as the fax number for the service of documents on the individual; or
(vi)
by electronic communication, by sending an electronic communication of the document to the last email address given to the Authority or an authorised officer by the individual as the email address for the service of documents on the individual;
(b)
in the case of a partnership other than a limited liability partnership —(i)
by delivering it to any partner or the secretary or other like officer of the partnership;
(ii)
by leaving it at, or by sending it by prepaid registered post to, the partnership’s principal or last known place of business in Singapore;
(iii)
by sending it by fax to the fax number used at the partnership’s principal or last known place of business in Singapore; or
(iv)
by electronic communication, by sending an electronic communication of the document to the last email address given to the Authority or an authorised officer by the partnership as the email address for the service of documents on the partnership; and
(c)
in the case of any limited liability partnership or any other body corporate —(i)
by delivering it to the secretary or other like officer of the body corporate or, in the case of a limited liability partnership, the manager of the limited liability partnership;
(ii)
by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore;
(iii)
by sending it by fax to the fax number used at the registered office or principal office of the limited liability partnership or body corporate in Singapore; or
(iv)
by electronic communication, by sending an electronic communication of the document to the last email address given to the Authority or an authorised officer by the limited liability partnership or body corporate as the email address for the service of documents on the limited liability partnership or body corporate.
(2) Where any notice or other document required or authorised to be served under this Act is sent —(a)
by fax to the fax number used at the last known place of residence or business or registered office or principal office in accordance with subsection (1) — it is deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending fax machine of a notification (by electronic or other means) of successful transmission to the place of residence or business or registered office or principal office, as the case may be;
(b)
by electronic communication to an email address in accordance with subsection (1) — it is deemed to have been duly served on the person to whom it is addressed at the time of entering the information system addressed to the email address; and
(c)
by prepaid registered post — it is deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, whether or not it is returned undelivered.
(3) Service of any document under this Act on a person by electronic communication may be effected only if the person gives an email address as part of the person’s address for service.
(4) This section does not apply to notices and documents to be served in proceedings in court.[34E
Regulations
Open ↗55. The Authority may, with the approval of the Minister, make regulations for all or any of the following purposes:(a)
regulating the proceedings of the Authority or of the committees of the Authority, to the extent not inconsistent with the Public Sector (Governance) Act 2018;
(b)
providing for the circumstances in which applications may be made to the Authority for financial assistance and the manner and determination of such applications;
(c)
prescribing any matters which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act.[35
[5/2018]
Saving and transitional provisions
Open ↗56.—(1) Any scheme, contract, document, certificate, licence, permission or resolution prepared, made, granted or approved under the repealed Construction Industry Development Board Act (Cap. 51, 1985 Revised Edition), so far as it is not inconsistent with the provisions of this Act, continues and is deemed to have been prepared, made, granted or approved under this Act.
(2) Any subsidiary legislation made under the repealed Construction Industry Development Board Act (Cap. 51, 1985 Revised Edition) and in force immediately before 1 April 1999, so far as it is not inconsistent with the provisions of this Act, continues in force as if made under this Act until it is revoked by subsidiary legislation made under this Act.
(3) Where in any written law reference is made to —(a)
the Construction Industry Development Board, such reference is a reference to the Building and Construction Authority; and
(b)
the Building Authority, such reference is a reference to the Commissioner of Building Control.[36
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
