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Competition Act 2004 PART 2 — COMPETITION AND CONSUMER COMMISSION OF SINGAPORE

s 3–s 32 · 26 sections

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Division 1 — Establishment, incorporation and constitution of Commission

Establishment and incorporation of Competition and Consumer Commission of Singapore

s 3

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]

Common seal

s 4

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.

Constitution of Commission

s 5

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 — Functions, duties and powers of Commission

Functions and duties of Commission

s 6

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.

Powers of Commission

s 7

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.

Directions of Minister, etc.

s 8

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]

Appointment of committees and delegation of powers

s 9

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 — Provisions relating to staff

Chief Executive, officers and employees, etc.

s 10

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 — Financial provisions

Financial year

s 11

11. The financial year of the Commission begins on 1 April of each year and ends on 31 March of the succeeding year.

Minister’s approval of estimates

s 12

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]

Moneys recovered or collected by Commission

s 13

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.

Grants-in-aid

s 14

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.

Power to borrow

s 15

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.

Issue of shares, etc.

s 16

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.

Bank account

s 17

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. —(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.

Application of moneys

s 18

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.

Investment

s 19

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.

Audit of accounts

s 21

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.

Division 5 — Transfer of property, assets, liabilities and employees

Transfer to Commission of property, assets and liabilities

s 24

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.

Transfer of employees

s 25

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.

Service rights, etc., of transferred employees to be preserved

s 26

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.

No benefits in respect of abolition or reorganisation of office

s 27

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.

Existing contracts

s 28

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.

Continuation and completion of disciplinary proceedings and other legal proceedings

s 29

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.

Misconduct or neglect of duty by employee before transfer

s 30

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 — General

Symbol or representation of Commission

s 32

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.

Back to Competition 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.

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