Debt Collection Act 2022

Sections (46)

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• § 1 — Short title and commencement

  1. This Act is the Debt Collection Act 2022 and comes into operation on a date that the Minister appoints by notification in the Gazette.

• § 10 — Licence conditions

  10.—(1) In granting or renewing a licence under section 8, the Licensing Officer may impose any condition that the Licensing Officer considers requisite or expedient having regard to the purpose of this Act.(2) The Licensing Officer may impose —(a) conditions generally applicable to all licences; (

• § 11 — Modification of conditions of licence

  11.—(1) The Licensing Officer may modify the conditions of a licence in accordance with this section without compensating the licensee to whom the licence is granted.(2) Before modifying any condition of a licence, the Licensing Officer must give notice to the licensee —(a) stating that the Licensin

• § 12 — Lapse of licence

  12.—(1) Unless expired or earlier revoked under section 22(1), a licence lapses —(a) when the licensee ceases to exist; or (b) if the licensee is a sole proprietorship of which the sole proprietor is an individual — on the death of the sole proprietor. (2) No part of any licence fee or renewal fee

• § 13 — Register of licensees

  13. The Licensing Officer must cause to be kept and maintained a register of licensees, in the form and manner and containing the information that the Licensing Officer thinks fit.

• § 14 — Class licence

  14.—(1) The Minister may, by order in the Gazette, determine a class licence that authorises any person who carries on a regulated business to carry out any debt collection activity to collect any debt that is owed to the person in the course of the regulated business —(a) for a specified period or

• § 15 — Variation and revocation of class licence

  15.—(1) Subject to this section, the Minister may, by order in the Gazette, vary a class licence determined under an order made under section 14(1) by —(a) varying or revoking any condition specified in the class licence; or (b) specifying additional conditions of the class licence. (2) Before var

• § 16 — Codes of practice

  16.—(1) The Licensing Officer may, with respect to all or any of the matters in subsection (2), from time to time —(a) issue one or more codes of practice applicable to all licensees or class licensees or a specified class of licensees or class licensees; (b) approve as a code of practice applicabl

• § 17 — Individuals acting as debt collectors

  17.—(1) An individual must not, on or after the start date, act as a debt collector for a person who carries on a debt collection business unless —(a) the person is a licensee which is approved to deploy the individual as the licensee’s debt collector under section 20; or (b) the person is the indi

• § 18 — Deployment of individuals to perform debt collection activities by licensees

  18.—(1) A licensee must not deploy an individual as the licensee’s debt collector unless the Licensing Officer has granted approval under section 20 for the individual to be deployed as a debt collector by the licensee.(2) A licensee who contravenes subsection (1) shall be guilty of an offence and s

• § 19 — Application for approval

  19.—(1) An application for approval for a licensee to deploy an individual as a debt collector of the licensee must be made jointly by the licensee and the individual to the Licensing Officer in accordance with this section.(2) To avoid doubt —(a) the Licensing Officer may grant approval for an indi

• § 2 — General interpretation

  2.—(1) In this Act, unless the context otherwise requires —“Assistant Licensing Officer” means a public officer appointed under section 3(1)(b); “authorised officer” means a public officer appointed under section 3(3); “class licence” means a class licence determined under an order made under sect

• § 20 — Grant of approval

  20.—(1) After considering an application for approval for an individual to be deployed as a debt collector of a licensee, the Licensing Officer may —(a) on payment of a fee (if prescribed), grant the approval; or (b) refuse (without compensation) to grant the approval. (2) The Licensing Officer mu

• § 21 — Conditions of approval

  21.—(1) In granting any approval under section 20 in respect of an individual, the Licensing Officer may impose any condition on the licensee or the individual (or both) that the Licensing Officer considers requisite or expedient having regard to the purpose of this Act.(2) Without limiting subsecti

• § 22 — Regulatory action against licensees and class licensees

  22.—(1) Subject to section 23, if the Licensing Officer is satisfied that —(a) a licensee or class licensee has contravened or not complied with —(i) any condition of its licence or class licence; (ii) any provision of this Act applicable to the licensee or class licensee, the contravention of or n

• § 23 — Proceedings for regulatory action against licensees and class licensees

  23.—(1) Before exercising any power under section 22, the Licensing Officer must give written notice to the licensee or class licensee concerned —(a) stating that the Licensing Officer intends to take regulatory action against the licensee or class licensee; (b) specifying the type of regulatory ac

• § 24 — Immediate suspension of licence or application of class licence

  24.—(1) This section applies if —(a) a licensee or class licensee is subject to criminal proceedings in respect of —(i) an offence under this Act; (ii) an offence, whether in Singapore or elsewhere, involving dishonesty or the conviction for which involved a finding that the licensee or class licen

• § 25 — Regulatory action in respect of approved individuals

  25.—(1) Subject to section 26, the Licensing Officer may (without compensation) cancel an approval granted under section 20 for an individual to be deployed as a debt collector of a licensee on any of the following grounds:(a) any ground that would have entitled the Licensing Officer to refuse an ap

• § 26 — Proceedings for regulatory action in respect of approved individuals

  26.—(1) Before exercising any power under section 25, the Licensing Officer must give written notice to the licensee and the individual concerned, respectively —(a) stating that the Licensing Officer intends to take regulatory action under section 25; (b) specifying the type of regulatory action in

• § 27 — Immediate suspension of approval

  27.—(1) This section applies if —(a) an individual in respect of whom approval has been granted under section 20 for the individual to be deployed as a debt collector of a licensee, is subject to criminal proceedings in respect of —(i) an offence under this Act; (ii) an offence, whether in Singapor

• § 28 — Notification of cessation of deployment of debt collectors

  28.—(1) A licensee must notify the Licensing Officer of the cessation of the deployment of any individual as a debt collector of the licensee not later than the prescribed time after the cessation of the deployment.(2) On receipt of a notification made under subsection (1), the Licensing Officer mus

• § 29 — Purpose for which enforcement powers are exercisable

  29.—(1) An inspecting officer may exercise the powers set out in this Division for any of the following purposes:(a) to determine compliance with this Act, including whether an offence under this Act has been committed; (b) to determine compliance with any condition of a licence or class licence;

• § 3 — Appointment of officers

  3.—(1) The Minister may, for the purposes of this Act, appoint —(a) a public officer as the Licensing Officer; and (b) any number of public officers as Assistant Licensing Officers that the Minister considers necessary. (2) The Licensing Officer and Assistant Licensing Officers may be known by the

• § 30 — Powers of entry, etc., at premises

  30.—(1) An inspecting officer or a compliance officer may, in accordance with subsections (3) and (4), enter any premises occupied by a relevant person which the inspecting officer or compliance officer reasonably believes are used for or in connection with the conduct of any debt collection busines

• § 31 — Powers of investigation

  31.—(1) An inspecting officer or a compliance officer may do all or any of the following:(a) where the inspecting officer or compliance officer reasonably believes a person to have committed an offence under this Act or contravened any provision of this Act — require that person to provide evidence

• § 32 — Application of Criminal Procedure Code 2010

  32. Sections 370, 371 and 372 of the Criminal Procedure Code 2010 apply, with the necessary modifications, when an inspecting officer seizes any thing under this Division.

• § 33 — Offences to be arrestable

  33. Every offence under the following provisions is arrestable for the purposes of the Criminal Procedure Code 2010:(a) section 6(5) in respect of a contravention of section 6(1); (b) section 17(3).

• § 34 — Offences

  34.—(1) A person who, without reasonable excuse, fails to do anything required of the person by an inspecting officer or a compliance officer under section 30(1) or 31(1)(a) or (b), or by notice under section 31(1)(c), shall be guilty of an offence and shall be liable on conviction to a fine not exc

• § 35 — Composition of offences

  35.—(1) The Licensing Officer or an authorised officer 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 th

• § 36 — Interpretation of this Part

  36. In this Part, unless the context otherwise requires —“appealable decision” means any of the following decisions of the Licensing Officer:(a) a decision refusing the grant or renewal of a licence under section 8; (b) a decision under section 10 imposing a condition in a licensee’s licence; (c)

• § 37 — Appeal to Minister

  37.—(1) An appellant who is aggrieved by an appealable decision may appeal to the Minister against the decision in accordance with this section.(2) An appeal under this section must be in writing and specify the grounds on which it is made, and must be made within 14 days after the date the decision

• § 38 — Designation of others to hear appeals

  38. The Minister may designate a Second Minister, Minister of State or Parliamentary Secretary to hear and determine, in the Minister’s place, any appeal or a specific appeal under section 37; and any reference in that section to the Minister includes a reference to the Second Minister, Minister of

• § 39 — Offences by corporations

  39.—(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

• § 4 — Compliance officers

  4.—(1) The Licensing Officer may, with the general or specific approval of the Minister, appoint an individual who —(a) is at least 18 years of age; (b) is not an employee of a public authority; (c) is not a public officer; and (d) has suitable qualifications or experience, to be a compliance of

• § 40 — Offences by unincorporated associations or partnerships

  40.—(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 con

• § 41 — Jurisdiction of courts

  41. 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 the power to impose the full punishment for that offence.

• § 42 — Service of documents

  42.—(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) This section does not apply to documents to be served in proceedings in court. (3) A document permitted or required by this Act to be served on an individual may be s

• § 43 — General exemption

  43. The Minister may, by order in the Gazette, exempt any person or class of persons from all or any of the provisions of this Act, either generally or in a particular case and subject to the conditions that the Minister may impose.

• § 44 — Amendment of Schedules

  44.—(1) The Minister may, by order in the Gazette, amend, add to or vary Part 1 of the First Schedule or the Second Schedule.(2) The Minister may, in an order under subsection (1), make provisions of a saving or transitional nature consequent on the enactment of the order that the Minister may consi

• § 45 — Regulations

  45.—(1) The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) In particular, the Minister may make regulations for any of the following:(a) classes of licences; (b) the form and manner in which, and the time within which, an app

• § 46 — Saving and transitional provisions

  46.—(1) Despite anything in this Act, every person who —(a) immediately before the section 6 start date was carrying on a debt collection business or any debt collection activity in the course of the business; and (b) on or after the section 6 start date, would be required under section 6(1) to be

• § 5 — Protection from personal liability

  5. No liability shall lie personally against the Licensing Officer, an Assistant Licensing Officer, an authorised officer, a compliance officer, a police officer or any other person acting under the direction of the Licensing Officer for anything which is done or purported to be done, or omitted to

• § 6 — Regulation of debt collection businesses and debt collection activities relating to regulated businesses

  6.—(1) A person must not, on or after the start date, carry on a debt collection business, or carry out any debt collection activity in the course of the business, unless the person is an entity which is authorised to carry on the debt collection business by a valid licence under this Act.(2) A pers

• § 7 — Application for or to renew licence

  7.—(1) An application for or to renew a licence must be made to the Licensing Officer in accordance with this section.(2) An application under subsection (1) must —(a) be in the form and manner required by the Licensing Officer; (b) be accompanied by a non-refundable application fee (if prescribed)

• § 8 — Grant or renewal of licence

  8.—(1) After considering an application for or to renew a licence, the Licensing Officer may —(a) on payment of a licence fee or renewal fee (if prescribed), grant or renew the licence, as the case may be; or (b) refuse (without compensation) to grant or renew the licence, as the case may be. (2)

• § 9 — Form and validity of licence

  9.—(1) Every licence is to be in the form that the Licensing Officer determines.(2) Every licence granted or renewed under this Act continues in force for the period specified in the licence unless it is earlier revoked under section 22(1) or suspended under section 22(2)(b) or 24(2). (3) A licence