§ 60 — Certification of contract of national interest

60.—(1) The Minister charged with the responsibility under Article 30 of the Constitution of the Republic of Singapore for the subject to which a specified contract relates may, on the Minister’s own motion or at the request of any party to the specified contract, certify that the specified contract is a contract of national interest.(2) The Minister may authorise any public officer to certify any specified contract as a contract of national interest under subsection (1) on the Minister’s behalf.

(3) For the purpose of issuing a certificate under this section, the Minister or authorised officer may by written notice require any person to provide the Minister or authorised officer with such information or document as the Minister or authorised officer may require, within the time specified in the notice.

(4) Except where the person so notified is under a statutory obligation to observe secrecy in relation to the information or document sought, the person must comply with the notice.

(5) A person who, without reasonable excuse, fails to comply with subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

(6) It is not a defence to a charge under subsection (5) for a person’s failure to provide any information or document sought from the person under subsection (3), that the person is under a duty of secrecy (other than a statutory duty of secrecy) in respect of the information or the contents of that document.

(7) A person who in good faith complies with the notice in subsection (3) is treated as not being in breach of that duty of secrecy despite any law or the terms of any contract.

(8) A certificate issued by the Minister or authorised officer in respect of any specified contract is conclusive that the specified contract is a contract of national interest.[Act 37 of 2020 wef 14/01/2021]

—(1) The Minister charged with the responsibility under Article 30 of the Constitution of the Republic of Singapore for the subject to which a specified contract relates may, on the Minister’s own motion or at the request of any party to the specified contract, certify that the specified contract is a contract of national interest.

(2) The Minister may authorise any public officer to certify any specified contract as a contract of national interest under subsection (1) on the Minister’s behalf.

(3) For the purpose of issuing a certificate under this section, the Minister or authorised officer may by written notice require any person to provide the Minister or authorised officer with such information or document as the Minister or authorised officer may require, within the time specified in the notice.

(4) Except where the person so notified is under a statutory obligation to observe secrecy in relation to the information or document sought, the person must comply with the notice.

(5) A person who, without reasonable excuse, fails to comply with subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

(6) It is not a defence to a charge under subsection (5) for a person’s failure to provide any information or document sought from the person under subsection (3), that the person is under a duty of secrecy (other than a statutory duty of secrecy) in respect of the information or the contents of that document.

(7) A person who in good faith complies with the notice in subsection (3) is treated as not being in breach of that duty of secrecy despite any law or the terms of any contract.

(8) A certificate issued by the Minister or authorised officer in respect of any specified contract is conclusive that the specified contract is a contract of national interest.[Act 37 of 2020 wef 14/01/2021]