Division 1 — Records to be kept by registered persons, etc.
Maintenance of records
Open ↗40.—(1) Every registered person, accredited external auditor, and external auditor assessing any monitoring plan under section 13, must keep and maintain complete and accurate records containing such information and documents, and in accordance with such requirements, as may be prescribed.
(2) The persons mentioned in subsection (1) must keep their respective records for at least the prescribed period and must, during the prescribed period —(a)
make such records available for inspection by any authorised officer, as requested by the authorised officer; and
(b)
submit to any authorised officer any such records, and such other information and document, as requested by the authorised officer.
Division 2 — Registers to be kept by Agency
Registers to be kept and maintained by Agency
Open ↗41.—(1) The Agency must keep and maintain one or more registers, in which is or are entered such particulars as the Agency may determine, for the following:(a)
registered persons;
(b)
reportable facilities of registered persons;
(c)
taxable facilities of registered persons;
(d)
FPCC registry accounts in the Fixed‑Price Carbon Credits Registry;[Act 37 of 2022 wef 01/01/2024]
(e)
ICC registry accounts in the International Carbon Credits Registry.[Act 37 of 2022 wef 01/01/2024]
(2) Without affecting subsection (1), the Agency must enter the following particulars into the register of FPCC registry accounts for each FPCC registry account:(a)
the taxable facility and registered person to which the FPCC registry account relates;[Act 37 of 2022 wef 01/01/2024]
(b)
the number and carbon price of the fixed‑price carbon credits credited into the FPCC registry account, and the date of the crediting;[Act 37 of 2022 wef 01/01/2024]
(c)
the number and carbon price of the fixed‑price carbon credits surrendered by the registered person, and the date of the surrender;[Act 37 of 2022 wef 01/01/2024]
(d)
the number and carbon price of the fixed‑price carbon credits in the FPCC registry account that are cancelled by the Agency, and the date of the cancellation;[Act 37 of 2022 wef 01/01/2024]
(e)
such other information as may be prescribed.[Act 37 of 2022 wef 01/01/2024]
(2A) Without affecting subsection (1), the Agency must enter the following particulars into the register of ICC registry accounts for each ICC registry account:(a)
the taxable facility and registered person to which the ICC registry account relates;
(b)
the number and details of the eligible international carbon credits surrendered in connection with the payment of any tax in relation to the taxable facility;
(c)
such other information as may be prescribed.[Act 37 of 2022 wef 01/01/2024]
(3) Any register mentioned in subsection (1) may be kept and maintained electronically.
(4) Where there is a deregistration under section 10, or an FPCC registry account is suspended under section 32 or closed under section 33, the Agency may —(a)
remove the relevant register entry and the particulars under it, from the relevant register; or
(b)
indicate the fact of such deregistration, suspension or closure against the relevant register entry in the relevant register.[Act 37 of 2022 wef 01/01/2024]
(5) Without affecting subsection (4), if the Agency is satisfied that —(a)
any registered person is wound up or dissolved;
(b)
any registered person has ceased to have operational control over any reportable facility or taxable facility of the registered person; or
(c)
any reportable facility or taxable facility has ceased to be under the operational control of any person,
the Agency may —
(d)
remove the relevant register entry and the particulars under it, from the relevant register; or
(e)
indicate that fact against the relevant register entry in the relevant register.
Correcting or updating register on Agency’s initiative
Open ↗42.—(1) Subject to subsection (2), the Agency may correct or update any particulars of any registered person, reportable facility, taxable facility, FPCC registry account or ICC registry account entered in the relevant register if the Agency is satisfied that there is evidence of a conflict between the particulars and other information relating to the same —(a)
in the possession or under the control of the Agency; or
(b)
obtained from such ministry or department of the Government, or statutory body or other body corporate, as may be prescribed.[Act 37 of 2022 wef 01/01/2024]
(2) Except under prescribed circumstances, before the Agency corrects or updates any particulars under subsection (1), the Agency must —(a)
inform the registered person to whom the particulars relate of the proposed correction or update; and
(b)
subject to subsection (3), obtain consent from the registered person to the proposed correction or update.
(3) The Agency need not obtain the consent in subsection (2)(b) if the Agency is satisfied that any refusal of consent is frivolous or vexatious.
Correcting or updating register on request
Open ↗43.—(1) A registered person may apply to the Agency to correct an error or omission of any particulars entered in a register maintained by the Agency.
(2) The Agency may, upon receiving an application under subsection (1), correct the error or omission if the Agency is satisfied that the error is typographical or clerical in nature.
(3) The decision made by the Agency on whether to correct any error or omission under subsection (2) is final.
Obligation to update changes to particulars
Open ↗44.—(1) Whenever a change is made or occurs in any prescribed particulars registered in respect of a registered person, or a reportable facility, a taxable facility, an FPCC registry account or an ICC registry account of a registered person, the registered person must notify the Agency of the change in accordance with subsection (2).[Act 37 of 2022 wef 01/01/2024]
(2) The notice mentioned in subsection (1) must —(a)
specify the nature and date of the change;
(b)
contain such other information as may be prescribed;
(c)
be lodged within 14 days after the change, or any longer period as the Agency may allow in any particular case; and
(d)
be in such form and manner as the Agency may specify.
(3) The Agency may require any notice required by this section to be verified in such manner and by such person as the Agency considers fit.
(4) Upon verifying the notice, the Agency must update the register with the change in the particulars mentioned in the notice.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
