Division 1 — Powers of enforcement
Investigators
46.—(1) The Minister may, in writing, appoint any public officer or any other person as an investigator to investigate any offence under this Act.
(2) The chief executive officer of the Board may, in writing, appoint any officer of the Board as an investigator to investigate any offence under this Act.
(3) An investigator, when exercising any powers and carrying out any duties under this Act, must comply with such general or special directions as may be given —(a)
by the Minister, if the investigator is a public officer or a person mentioned in subsection (1); or
(b)
by the chief executive officer of the Board, if the investigator is an officer of the Board.
Power to obtain information
47.—(1) An investigator who has a reasonable suspicion that any person has committed an offence under this Act may —(a)
by written notice require the person to attend at such reasonable time and at such place as may be specified by the investigator to answer any question or to provide a signed statement in writing concerning the suspected offence;
(b)
require the person —(i)
to provide any information within the person’s knowledge; or
(ii)
to produce for inspection any document or record in the person’s possession,
that the investigator believes on reasonable grounds to be connected with the suspected offence; and
(c)
retain the original copy of any document or record that the investigator believes on reasonable grounds to be connected with the suspected offence, or make or cause to be made, without payment, copies of or extracts from that document or record.
(2) Where any document or record required by an investigator is kept in electronic form, then —(a)
the power of an investigator to require that document or record to be produced for inspection under subsection (1)(b)(ii) includes the power to require a copy of that document or record to be made available for inspection in legible form; and
(b)
subsection (1)(c) applies to any copy so made available.
(3) Any copy of or extract from any document or record made under subsection (1)(c) and certified as such by the investigator is admissible as evidence in any proceedings under this Act.
(4) A person who, when required by an investigator to provide under subsection (1)(b) any information or produce any document or record, refuses or fails, without reasonable excuse, to provide the information or to produce the document or record within the time allowed by the investigator 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.
False or incorrect health declaration, means declaration, claim or application
48.—(1) A person commits an offence if the person —(a)
makes, or assists in the making of, a health declaration, means declaration, claim or any application under this Act which is false or misleading in a material particular, knowing that the declaration, claim or application is false or misleading in a material particular;
(b)
in making a health declaration, means declaration, claim or an application omits any matter or thing without which the health declaration, means declaration, claim or application (as the case may be) is misleading in a material particular, knowing that the omission makes the declaration, claim or application misleading in a material particular; or
(c)
provides any information to any person which is false or misleading in a material particular, knowing that the information provided —(i)
is false or misleading in a material particular; and
(ii)
may be included in a health declaration, means declaration or claim made under the CSHL Scheme, or ESH Scheme, or an application under this Act, or may affect any payment of a premium subsidy for the purposes of the CSHL Scheme.
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
in the case where the person is an individual — to a penalty equal to the relevant amount; or
(b)
in any other case — to a penalty equal to 5 times the relevant amount.
(3) A person who commits an offence under subsection (1), with the intention of causing any premium to be undercharged or any benefit or claim to be overpaid under the CSHL Scheme or ESH Scheme, shall be guilty of an offence and shall be liable on conviction —(a)
in the case where the person is an individual —(i)
to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; and
(ii)
in addition, to a penalty equal to 2 times the relevant amount; or
(b)
in any other case —(i)
to a fine not exceeding $10,000; and
(ii)
in addition, to a penalty equal to 4 times the relevant amount.
(4) In this section, “relevant amount” means the amount by which any premium has been undercharged, or the amount of any benefit or claim that has been overpaid, as a result of the offence, or that would have been so undercharged or overpaid if the false or misleading declaration, claim or application (as the case may be) had been accepted as correct.
Fraudulent disability assessment
49.—(1) An assessor in making a report of a disability assessment that he or she conducted in respect of an individual under this Act must not give any information which is false, or conceal any information, with the intent of causing —(a)
the individual to be given or not to be given insurance cover under the CSHL Scheme or ESH Scheme; or
(b)
a claim made by or on behalf of the individual to be accepted or rejected under the CSHL Scheme or ESH Scheme.
(2) An assessor who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —(a)
to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and
(b)
in addition, to a penalty equal to 4 times the relevant amount (if applicable).
(3) In this section, “relevant amount” means the amount of overpayment and the amount of assessment fee charged for the assessment.
Misuse of payouts
50.—(1) A person who receives any benefits under the CSHL Scheme or ESH Scheme on behalf of an insured person must first apply the benefits for the care of the insured person.
(2) A person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —(a)
in the case where the person is an individual —(i)
to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and
(ii)
in addition, to a penalty equal to 4 times the relevant amount; or
(b)
in any other case —(i)
to a fine not exceeding $20,000; and
(ii)
in addition, to a penalty equal to 8 times the relevant amount.
(3) Where a person has been convicted by a court under subsection (2), the court may order that person to make payment into the Fund of any moneys paid out to the person under the CSHL Scheme or ESH Scheme for the care of the insured person, including interest on those moneys at such rate as may be prescribed.
(4) In this section, “relevant amount” means the amount of the benefits received by the person mentioned in subsection (1) which was not applied for the care of the insured person.
Obstructing investigators in execution of duties
51. A person who, without reasonable excuse, obstructs, hinders or impedes any investigator in the performance or execution of a duty or anything which the investigator 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.
Offences by corporations
52.—(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) 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 that same offence as is the corporation, and shall be liable on conviction to be punished accordingly.
(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.
(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.
(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 the corporation is convicted of the offence.
(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.
Offences by unincorporated associations or partnerships
53.—(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) 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 the unincorporated association or partnership (as the case may be) 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 (as the case may be), and shall be liable on conviction to be punished accordingly.
(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.
(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.
(5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence.
(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.
Jurisdiction of courts
54. Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.
Conduct of prosecutions
55. Proceedings in respect of any offence under this Act may, with the authorisation of the Public Prosecutor, be conducted —(a)
by any public officer appointed by the Minister to conduct such proceedings; or
(b)
by any officer of the Board appointed by the chief executive officer of the Board to conduct such proceedings.
Composition of offences
56.—(1) A public officer authorised by the Minister, or an officer of the Board authorised by the chief executive officer of the Board, may compound any offence under this Act that 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)
$1,000.
(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 into the Consolidated Fund.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
