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Jurisdiction of District Court
71. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has —(a) jurisdiction to try any offence under this Act; and (b) power to impose the full penalty or punishment in respect of any offence under this Act.
Opportunity to be heard
72. Where this Act provides for a person to be given an opportunity to be heard by the Authority, the Authority may prescribe the manner in which the person is to be given such opportunity to be heard.
Power of court to make certain orders
73.—(1) Where, on an application of the Authority, it appears to the court that a person —(a) has committed an offence under this Act; or (b) is about to do an act that, if done, would be an offence under this Act, the court may (without prejudice to any other order it may make) make one or more of the orders under subsection (2). (2) The orders mentioned in subsection (1) are —(a) in the case of a persistent or continuing contravention of a provision of this Act, an order restraining a person from —(i) carrying on a credit reporting business under section 6; or (ii) holding itself out as a licensed credit bureau under section 9; (b) for the purpose of securing compliance with any order made under this section, an order directing a person to do or refrain from doing any specified act; or (c) any ancillary order the court considers to be desirable as a result of making any other order under this section. (3) The court may, before making an order under subsection (2), direct that notice of the application be given to any person that it thinks fit or that notice of the application be published in any manner that it thinks fit, or both. (4) Any person that, without reasonable excuse, contravenes an order made under subsection (2) shall be guilty of an offence and shall be liable on conviction —(a) in the case of an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; or (b) in any other case, to a fine not exceeding $100,000. (5) Subject to subsection (6), subsection (4) does not affect the powers of the court in relation to the punishment of contempt of court. (6) Where a person is convicted of an offence under subsection (4) in respect of any contravention of an order made under subsection (2), such contravention is not punishable as a contempt of court. (7) A person cannot be convicted of an offence under subsection (4) in respect of any contravention of an order made under subsection (2) that has been punished as a contempt of court. (8) The court may rescind, vary or discharge an order made by it under this section or suspend the operation of such an order.
General exemption
74.—(1) The Authority may, by regulations, exempt any person or any class of persons from all or any of the provisions of this Act, subject to such conditions as may be prescribed. (2) The Authority may, on the application of any person, exempt the person from —(a) all or any of the provisions of this Act; or (b) the requirements specified in any written notice, if the Authority considers it appropriate to do so in the circumstances of the case. (3) An exemption under subsection (2) —(a) may be granted by written notice subject to such conditions as the Authority may specify in the notice; (b) need not be published in the Gazette; and (c) may be withdrawn at any time by the Authority. (4) The Authority may at any time add to, vary or revoke any term or condition imposed under this section. (5) Any person that contravenes any condition —(a) prescribed under subsection (1); (b) specified by the Authority under subsection (3)(a); or (c) added or varied under subsection (4), shall be guilty of an offence.
Power of Authority to issue written notice
75.—(1) The Authority may, if it thinks it necessary or expedient in the interest of the public or a section of the public, or for the protection of data subjects, issue a written notice, either of a general or a specific nature, to —(a) any licensed credit bureau; (b) any class of licensed credit bureaus; (c) any approved member of a licensed credit bureau; or (d) any class of approved members of a licensed credit bureau, to comply with such requirements as the Authority may specify in the notice. (2) Without limiting subsection (1), a notice may be issued —(a) with respect to —(i) the activities that may be carried out by —(A) the licensed credit bureau in relation to its business; or (B) the approved member of a licensed credit bureau in relation to its membership of that licensed credit bureau; (ii) the standards, framework, policies and procedures for —(A) the prudent management of risks (including information technology risks); and (B) the protection of the confidentiality, security and integrity of any data held by the licensed credit bureau; (iii) the financial soundness, financial management and stability of the licensed credit bureau; (iv) the membership and reciprocity arrangements, internal controls and operations of the licensed credit bureau; (v) the standards to be maintained by the licensed credit bureau in the conduct of its business; (vi) the arrangement and conditions that are to apply if the licensed credit bureau appoints any person as an independent contractor to carry out any of the licensed credit bureau’s functions and duties; (vii) the type, form, manner and frequency of returns and other information to be submitted to the Authority; (viii) the preparation and publication of reports on the performance of the licensed credit bureau; (ix) the remuneration of an auditor appointed under this Act and the costs of an audit carried out under this Act; (x) the manner in which the licensed credit bureau conducts its operations, including —(A) the scope, definition, classification and retention period of any data collected, used or disclosed by the licensed credit bureau; and (B) the credit scoring methodology, credit scoring model validation method, analysis and reporting of credit scoring to be used by the licensed credit bureau; and (xi) the collection by or on behalf of the Authority of information from the licensed credit bureau in relation to the conduct of the licensed credit bureau’s credit reporting business at such intervals or on such occasions as may be set out in the notice; (b) where any person is contravening, is likely to contravene or has contravened, any provision of this Act, to require the person —(i) to comply with that provision or to cease contravening that provision; (ii) to take any action necessary to enable the person to conduct the person’s business in accordance with sound principles; and (iii) where the person is a company, to remove any of its directors; and (c) for any other purpose specified in this Act. (3) It is not necessary to publish any written notice issued under subsection (1) in the Gazette. (4) The Authority may at any time vary, rescind or revoke any notice issued under subsection (1). (5) Any person that fails to comply with any requirement specified in a notice issued under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.
Codes, guidelines, etc., by Authority
76.—(1) The Authority may issue, and in its discretion publish by notification in the Gazette or in any other manner it considers appropriate, such codes, guidelines, policy statements, practice notes and no‑action letters as it considers appropriate for providing guidance —(a) in furtherance of its regulatory objectives; (b) in relation to any matter relating to any of its functions under this Act; or (c) in relation to the operation of any of the provisions of this Act. (2) The Authority may, at any time, amend or revoke the whole or any part of any code, guideline, policy statement, practice note or no‑action letter issued under this section. (3) Where amendments are made under subsection (2) —(a) the other provisions of this section apply, with the necessary modifications, to such amendments as they apply to the code, guideline, policy statement, practice note or no‑action letter; and (b) any reference in this Act or any other written law to the code, guideline, policy statement, practice note or no‑action letter, however expressed, is (unless the context otherwise requires) a reference to the code, guideline, policy statement, practice note or no‑action letter as so amended. (4) Any failure by a person to comply with any provision of a code, guideline, policy statement or practice note issued under this section to the person does not of itself render that person liable to criminal proceedings, but any such failure may, in any proceedings, whether civil or criminal, be relied upon by any party to the proceedings as tending to establish or negate any liability that is in question in the proceedings. (5) The issue by the Authority of a no‑action letter does not of itself prevent the institution of any proceedings against any person for the contravention of any provision of this Act. (6) Any code, guideline, policy statement or practice note issued under this section may be of general or specific application, and may specify that different provisions of such code, guideline, policy statement or practice note apply to different circumstances or provide for different cases or classes of cases. (7) To avoid doubt, any code, guideline, policy statement, practice note or no‑action letter issued under this section is not to be treated as subsidiary legislation. (8) In this section, “no‑action letter” means a letter written by the Authority to a person to the effect that, if the facts are as represented by the person, the Authority will not institute proceedings against the person in respect of a particular state of affairs or particular conduct.
Regulations
77.—(1) The Authority may make regulations prescribing matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting subsection (1), the Authority may make regulations for or with respect to —(a) the fees to be paid in respect of any matter or thing required for the purposes of this Act; (b) the corporate governance of licensed credit bureaus; (c) prescribing the offences that may be compounded; and (d) prescribing the procedure —(i) for the use of the electronic service mentioned in section 79; and (ii) in circumstances where there is a breakdown or interruption of the electronic service. (3) Except as otherwise expressly provided in this Act, regulations made under this Act —(a) may be of general or specific application; (b) may contain provisions of a saving or transitional nature; (c) may provide that a contravention of any specified provision of the regulations shall be an offence; and (d) may provide —(i) in the case of an individual, for penalties not exceeding a fine of $50,000 or imprisonment for a term not exceeding 2 years or both for each offence and, in the case of a continuing offence, a further penalty not exceeding a fine of $5,000 for every day or part of a day during which the offence continues after conviction; and (ii) in any other case, for penalties not exceeding a fine of $100,000 and, in the case of a continuing offence, a further penalty not exceeding a fine of $10,000 for every day or part of a day during which the offence continues after conviction.
Service of documents
78.—(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served —(a) by giving it to the individual personally; (b) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; (c) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; (d) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; or (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. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served —(a) by giving it to any partner or other similar officer of the partnership; (b) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; or (c) by sending it by fax to the fax number used at the partnership’s business address. (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 similar officer of the body corporate or the 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; or (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. (5) Service of a document under subsection (2), (3) or (4) takes effect —(a) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; and (b) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). (6) This section does not apply to documents to be served in proceedings in court. (7) In this section —“business address” means —(a) in the case of an individual, the individual’s usual or last known place of business in Singapore; or (b) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “document” includes a notice permitted or required by this Act to be served; “residential address” means an individual’s usual or last known place of residence in Singapore.
Electronic service
79.—(1) The Authority may provide an electronic service for the service of any document that is required or authorised by this Act to be served on any person. (2) For the purposes of the electronic service, the Authority may assign to any person —(a) an authentication code; and (b) an account with the electronic service. (3) Despite section 78, where a person has given consent for any document to be served on the person through the electronic service —(a) the Authority may serve the document on that person by transmitting an electronic record of the document to that person’s account with the electronic service; and (b) the document is treated as having been served at the time when an electronic record of the document enters the person’s account with the electronic service. (4) In this section —“account with the electronic service”, in relation to any person, means a computer account within the electronic service that is assigned by the Authority to the person for the storage and retrieval of electronic records relating to the person; “authentication code”, in relation to any person, means an identification or identifying code, a password or any other authentication method or procedure that is assigned to the person for the purposes of identifying and authenticating the access to and use of the electronic service by the person; “document” includes a notice and order; “electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010.
Amendment of Schedules
80.—(1) The Minister may, by order in the Gazette, amend, add to or vary the First Schedule. (2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provisions as may be necessary or expedient. (3) Any order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette.
Saving and transitional provisions
81.—(1) Any person (Y) that, immediately before 31 May 2021, is recognised as a credit bureau by the Authority by notification in the Gazette for the purposes of the Third Schedule to the Banking Act 1970, is treated as having been granted a licence under section 7(3) of this Act to carry on consumer credit reporting business (called in this section a transitional licence) until —(a) 6 months after 31 May 2021; or (b) where Y applies for a licence on or before the end of the period in paragraph (a), the date on which the licence is granted to Y or the application is refused or withdrawn. (2) Any condition to which Y is subject as a recognised credit bureau in subsection (1) immediately before 31 May 2021 is, to the extent that it is consistent with the provisions of this Act, treated as a condition to which Y is subject under its transitional licence. (3) Subject to subsection (4), any person (X) (not being a person set out in the First Schedule) that immediately before 31 May 2021 is a member of Y, is treated as having been approved under section 29(6) of this Act as an approved member of Y until —(a) 6 months after 31 May 2021; or (b) where an application is made for X to be an approved member on or before the end of the period in paragraph (a), the date on which the Authority approves X as an approved member or the application is refused or withdrawn. (4) Any individual who, immediately before 31 May 2021, is a chief executive officer or director of Y, is treated as having been appointed as a chief executive officer or director of the licensed credit bureau with the approval of the Authority under section 46(2)(b) of this Act. (5) For a period of 2 years after 31 May 2021, the Minister may, by regulations, prescribe such further saving, transitional and other consequential provisions as the Minister may consider necessary or expedient.[84
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