Act to bind Government
s 35
Open ↗35. This Act binds the Government.
Source
Building and Construction Industry Security of Payment Act 2004 PART 7 — MISCELLANEOUS
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
No contracting out
s 36
Open ↗36.—(1) The provisions of this Act have effect despite any provision to the contrary in any contract or agreement. (2) The following provisions in any contract or agreement (whether in writing or not) are void:(a) a provision under which the operation of this Act or any part of this Act is, or is purported to be, excluded, modified, restricted or in any way prejudiced, or that has the effect of excluding, modifying, restricting or prejudicing the operation of this Act or any part of this Act; (b) a provision that may reasonably be construed as an attempt to deter a person from taking action under this Act. (3) The Minister may, for the purpose of subsection (2)(a), prescribe the type of provisions in any contract or agreement, or any class thereof, which are deemed to have the effect of excluding, modifying, restricting or prejudicing the operation of this Act or any part of this Act. (4) Except as provided in subsection (1), nothing in this Act limits or otherwise affects the operation of any other law in relation to any right, title, interest, privilege, obligation or liability of a person arising under or by virtue of a contract or an agreement.
Service of documents
s 37
Open ↗37.—(1) Where this Act authorises or requires a document to be served on a person, whether the expression “serve”, “lodge”, “provide” or “submit” or any other expression is used, the document must be served on the person —(a) by delivering it to the person personally; (b) by leaving it during normal business hours at the person’s usual place of business; (c) by sending it by post or fax to the person’s usual or last known place of business; (d) by sending it by email to the person’s email address; or (e) by sending it by any other electronic method authorised by regulations made under section 41(1) for the service of documents of that kind if the person consents to service of a document of that kind in that way.[47/2018] (2) Service of a document on a person under this section takes effect —(a) if the document is sent to the person’s usual or last known place of business under subsection (1)(c) — when the document is received at that place; (b) if the document is sent by email — at the time that the email becomes capable of being retrieved by the person; or (c) if the document is sent by any other electronic method mentioned in subsection (1)(e) — at the time that the electronic communication transmitting the document becomes capable of being retrieved by the person.[47/2018] (3) In this section, “email address” means —(a) the last email address given by the addressee concerned to the person serving the document as the email address for the service of documents; or (b) the last email address of the addressee concerned known to the person serving the document.[47/2018] (4) The provisions of this section are in addition to, and do not limit or exclude, the provisions of any other law with respect to the service of documents.
Exemption
s 38
Open ↗38. The Minister may, by regulations, exempt —(a) any person or class of persons; or (b) any, or any class of, contract, agreement, matter or transaction, from all or any of the provisions of this Act, subject to such terms or conditions as may be prescribed.
Amendment of specified periods
s 39
Open ↗39. The Minister may, by order in the Gazette, amend section 8(1)(b), (2), (3)(b) or (4), 10(2)(b), 11(1)(a) or (b), 12(6), 13(3)(a), 14(3), 14A(3), 15(1), 17(1)(a) or (b), 18(2) or (6), 18A(3), 19(6), 22(1)(a), (2)(a) or (b), (3)(a) or (4)(a), 24(2)(b) or (3), 25(2)(c) or 26(1)(c), (4) or (5) by substituting a different period for the period for the time being specified therein.[47/2018]
Delegation of powers
s 40
Open ↗40.—(1) The Minister may, subject to such terms or conditions as the Minister thinks fit, delegate to any person all or any of the Minister’s powers, functions and duties under this Act, except —(a) the power of delegation conferred by this section; and (b) the power to make subsidiary legislation. (2) The Minister may exercise any power or perform any function or duty conferred upon the Minister under this Act despite the delegation of that power, function or duty under subsection (1).
Regulations
s 41
Open ↗41.—(1) The Minister may make regulations for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting subsection (1), regulations may be made for or in connection with —(a) the forms to be used and the information or documents to be furnished; (b) the manner in which authorised nominating bodies are required to exercise their functions or perform their duties; (c) the form of records to be kept and maintained by the authorised nominating bodies, the information to be recorded and the submission of such records; and (d) the conduct of adjudicators.
Back to Building and Construction Industry Security of Payment Act 2004 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
The Singapore legislation on this platform is subject to copyright of the Singapore Government and is used/reproduced for the purposes of this platform with the permission of the Attorney-General's Chambers. Users of this platform may check Singapore Statutes Online for the latest version of the Singapore legislation.
What to look at next
Building and Construction Industry Security of Payment Act 2004, full textChapter navigation and full text, so you can read this section in contextSingapore legislationSingapore Acts by type and yearGrouped by instrument type and year of enactment, so you can find others of the same kindBrowse by type and yearSingapore: what this database coversWhich datasets are here, which official source they come from, and how current they areSingapore overview