Refusal to provide information, etc.
Open ↗27.—(1) Any person who fails to comply with a requirement imposed on the person under section 20, 21, 22, 24 or 25 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 12 months or to both.[25/2016]
(2) If a person is charged with an offence under subsection (1) in respect of a requirement to produce a document, it is a defence for the person to prove that —(a)
the document was not in the person’s possession or under the person’s control; and
(b)
it was not reasonably practicable for the person to comply with the requirement.[25/2016]
(3) If a person is charged with an offence under subsection (1) in respect of a requirement —(a)
to provide information;
(b)
to provide an explanation of a document; or
(c)
to state where a document is to be found,
it is a defence for the person to prove that the person had a reasonable excuse for failing to comply with the requirement.
[25/2016]
(4) Failure to comply with a requirement imposed under section 20, 21, 22, 24 or 25 is not an offence if the person imposing the requirement has failed to act in accordance with that section.[12O
[25/2016]
Destroying or falsifying documents
Open ↗28. Any person who, having been required to produce a document under section 20, 21, 22 or 24 —(a)
intentionally or recklessly destroys or otherwise disposes of, falsifies or conceals the document; or
(b)
causes or permits the destruction, disposal, falsification or concealment of the document,
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 12 months or to both.
[12P
[25/2016]
False or misleading information
Open ↗29.—(1) Any person who provides information to the Commission, an investigation officer or an authorised assistant mentioned in section 21 or 22 in connection with an investigation mentioned in section 19(1) or any offence in this Part, knowing the information to be false or misleading in a material particular or being reckless as to whether the information is false or misleading in a material particular shall be guilty of an offence.[25/2016; 10/2018]
(2) A person who provides information that is false or misleading in a material particular to another person —(a)
knowing that the information is to be used for the purpose of providing information to the Commission, an investigation officer or an authorised assistant mentioned in section 21 or 22 in connection with any function or duty of the Commission or investigation officer under this Act; and
(b)
knowing the information to be false or misleading in a material particular, or being reckless as to whether the information is false or misleading in a material particular,
shall be guilty of an offence.
[25/2016; 10/2018]
(3) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.[12Q
[25/2016]
Obstructing officer of Commission, etc.
Open ↗30. Any person who, without reasonable excuse, obstructs, hinders or impedes —(a)
any of the Commission’s members, officers or employees; or
(b)
any investigation officer or authorised assistant mentioned in section 21 or 22,
in the discharge of their duties or the exercise of their powers under this Act or any regulations made under this Act 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 12 months or to both.
[12R
[25/2016; 10/2018]
No costs or damages or other relief arising from seizure recoverable unless seizure without reasonable or probable cause
Open ↗31. No person is, in any proceedings before any court in respect of any equipment, goods, article or document seized in the exercise or the purported exercise of any power conferred under this Act, entitled to the costs of the proceedings or to any damages or other relief other than an order for the return of the equipment, goods, article or document or the payment of their value unless the seizure was made without reasonable or probable cause.[12S
[25/2016]
Offences by corporations
Open ↗32.—(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.
[25/2016]
(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 who is involved in the management of the corporation and is 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 the same offence as is the corporation, and shall be liable on conviction to be punished accordingly.
[25/2016]
(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.[25/2016]
(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.[25/2016]
(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.[25/2016]
(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.[12T
[25/2016]
Offences by unincorporated associations or partnerships
Open ↗33.—(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 the 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.
[25/2016]
(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 who is involved in the management of the unincorporated association or partnership and who is 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.
[25/2016]
(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.[25/2016]
(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.[25/2016]
(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.[25/2016]
(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.[12U
[25/2016]
Composition of offences
Open ↗34.—(1) The chief executive or any officer of the Commission authorised by the chief executive may compound any offence under this Act that is prescribed as a compoundable offence by collecting from the 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 that offence;
(b)
$5,000.[25/2016; 10/2018]
(2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.[25/2016]
(3) All sums collected under this section must be paid into the Consolidated Fund.[25/2016]
(4) The members, officers and employees of the Commission are, in relation to their administration, assessment, collection and enforcement of payment of composition sums under this section, deemed to be public officers for the purposes of the Financial Procedure Act 1966, and section 20 of that Act applies to these persons even though they are not or were not in the employment of the Government.[12V
[25/2016; 10/2018]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
