Powers to inquire and verify information, etc.
45.—(1) The powers under this section may be exercised only for the purpose of inquiring into or ascertaining —(a)
the truth or correctness of any statement made, or of any information given, by a person who applies or has applied for an incentive, a grant, a loan or any other financial benefit given or administered by, the Board;
(b)
whether any incentive, grant, loan or any other financial benefit given or administered by the Board has been properly applied by the person to whom the incentive, grant, loan or financial benefit was given;
(c)
the truth or correctness of any statement made, or of any information given, by a person in relation to the person’s application for accreditation or certification by the Board;
(d)
whether the use of an accreditation mark, a certification mark, or a report or certificate issued by or on behalf of the Board is in accordance with the conditions (if any) of the accreditation mark, certification mark, report or certificate; or
(e)
whether any provision of this Act is being or has been contravened.
(2) The Board, an officer of the Board duly authorised by the Chief Executive for the purposes of this section, or an inspector may, at any reasonable time, do any of the following, without involving any search of any property or person:(a)
enter and inspect any premises;
(b)
photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises;
(c)
require any person to provide or grant access to, without charge, any document or information reasonably required for any purpose in subsection (1);
(d)
inspect and make copies of or take extracts from any such document;
(e)
take possession of such a document if, in the opinion of the Board, the officer or the inspector —(i)
the inspection or copying of, or extraction from, the document cannot reasonably be performed without taking possession;
(ii)
the document may be interfered with or destroyed unless possession is taken; or
(iii)
the document may be required as evidence in any proceedings instituted or commenced for any of the purposes of, or in connection with, this Act;
(f)
require any person to complete and deliver any return specified within the time specified in the notice;
(g)
take samples where the Board, the officer or the inspector has reason to believe that there is any product or process —(i)
in respect of which an accreditation mark, a certification mark or a colourable imitation of the accreditation mark or certification mark is being used in contravention of this Act; or
(ii)
which a person claims to be in conformity with a Singapore Standard when in fact it is not.
(3) The power to require a person to provide any document or information under subsection (2)(c) includes the power —(a)
to require the person, or any person who is or was an officer or employee of that person, to provide an explanation of the document or information;
(b)
if the document or information is not provided, to require the person to state, to the best of the person’s knowledge and belief, where it is; and
(c)
if the information is recorded otherwise than in legible form, to require the information to be made available to the Board in legible form.
(4) The Board, an officer of the Board duly authorised by the Chief Executive or an inspector may exercise the powers under subsection (2) to inquire into —(a)
any offence committed or allegedly committed under the International Enterprise Singapore Board Act (Cap. 143B, 2002 Revised Edition); or
(b)
any offence committed or allegedly committed under the Standards, Productivity and Innovation Board Act (Cap. 303A, 2002 Revised Edition).
False or misleading information, statement or document, etc.
46.—(1) A person must not —(a)
in relation to the person’s application, or in support of another person’s application, for any incentive, grant, loan or other financial benefit given or administered by the Board make, or authorise the making of, a statement that the person knows to be false or misleading in any material particular;
(b)
in providing any information or any document required by the Board, the officer or the inspector under section 45, or any returns or information required by notice under section 51, provide any information, returns or document that the person knows to be false or misleading in any material particular; or
(c)
intentionally alter, suppress or destroy any document or information which the person is required by the Board, the officer or the inspector under section 45 to provide.
(2) Any person who, without reasonable excuse, contravenes subsection (1) 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.
(3) To avoid doubt, it is not a defence in any proceeding for an offence under subsection (2) for contravening subsection (1)(a) that the accused did not obtain any incentive, grant, loan or other financial benefit given or administered by the Board.
Improper use of accreditation mark, certification mark, report or certificate
47.—(1) A person must not use an accreditation mark or a certification mark, or a colourable imitation of an accreditation mark or a certification mark, in respect of any product or process or in any trade mark or design, unless the person —(a)
holds a valid accreditation or certification authorising the person to use that accreditation mark or certification mark in respect of that product or process or in that trade mark or design; or
(b)
is authorised by the Board to use that accreditation mark or certification mark.
(2) A person must not use any report or certificate issued or purportedly issued by or on behalf of the Board to convey the impression that the person holds a valid accreditation or certification, when in fact the person does not.
(3) A person must not forge or without lawful authority alter an accreditation mark, a certification mark, or a report or certificate issued by the Board.
(4) Any person who, without reasonable excuse, contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.
(5) Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has power to impose the full penalty or punishment prescribed under subsection (4).
(6) A court trying an offence under subsection (1), (2) or (3) may direct that any property in respect of which the offence has been committed be forfeited to the Government.
Offences relating to Singapore Standard
48.—(1) A person must not establish, accept, adopt or publish in relation to a product or process any standard which purports, expressly or impliedly, to be a Singapore Standard, when in fact it is not.
(2) A person must not —(a)
make any statement or representation, whether in writing or not; or
(b)
use any mark,
which conveys or is likely to convey the impression that a product or process conforms to a Singapore Standard, when in fact it does not.
(3) Any person who, without reasonable excuse, contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
Prohibition of registration in certain cases
49.—(1) Despite anything in any written law, except where consent has been granted by the Board, a registering authority must not —(a)
register any company, firm or other body of persons that bears any name described in subsection (2); or
(b)
register a trade mark or design that bears any name or mark described in subsection (2).
(2) The name or mark mentioned in subsection (1) is any of the following:(a)
a name or mark the use of which contravenes section 47(1);
(b)
a name or mark which contains or consists of the words “Singapore Standard” or “Technical Reference”, the expression “SISIR” or “SISIR Mark” or the names “Standards, Productivity and Innovation Board”, “SPRING Singapore”, “Singapore Productivity and Standards Board”, “International Enterprise Singapore Board”, “IE Singapore”, “Enterprise Singapore Board”, “ESG”, “Singapore Accreditation Council”, “Singapore Quality Award Governing Council” or “Singapore Standards Council” or other prescribed words or names, in any form;
(c)
a name or mark that so nearly resembles any of the names or marks mentioned in paragraph (b) as to deceive or be likely to deceive the public.
Obstructing officers of Board
50.—(1) A person must not obstruct or hinder a member or an officer or agent of the Board, or an inspector, who is exercising any power or discharging any duty under this Act.
(2) Any person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
Providing returns and information
51.—(1) The Board or a person authorised by the Board may by written notice require any person to provide to the Board or to the person so authorised, within the period specified in the notice, such returns or information required for the purpose of any of the Board’s functions as may be —(a)
specified in the notice; and
(b)
within the knowledge of the person, or in the custody or under the control of the person.
(2) Any person who, without reasonable excuse, fails to comply with a notice given to the person under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
Composition of offences
52.—(1) The Chief Executive, or an officer of the Board authorised in writing by 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)
$5,000.
(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.
Proceedings conducted by officers of Board
53. Proceedings in respect of an offence under this Act, the International Enterprise Singapore Board Act (Cap. 143B, 2002 Revised Edition) or the Standards, Productivity and Innovation Board Act (Cap. 303A, 2002 Revised Edition) may, with the authorisation of the Public Prosecutor, be conducted by an officer of the Board who is authorised in writing to do so by the Chairperson or the Chief Executive.
Offences by corporations
54.—(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 the 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 as that 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 a 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
55.—(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.
(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, 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 as that 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.
Service of documents
56.—(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) A document permitted or required by this Act to be served on an individual may be served —(a)
by giving it to the individual personally;
(b)
by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address;
(c)
by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there;
(d)
by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address;
(e)
by sending it by fax to the fax number given by the individual as the fax number for the service of documents; or
(f)
by sending it by email to the individual’s last email address.
(3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served —(a)
by giving it to any partner or other similar officer of the partnership;
(b)
by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address;
(c)
by sending it by fax to the fax number used at the partnership’s business address; or
(d)
by sending it by email to the partnership’s last email address.
(4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) may be served —(a)
by giving it to the body corporate’s secretary or other similar officer, or the limited liability partnership’s manager;
(b)
by leaving it at, or by sending it by prepaid registered post to, the body corporate’s registered office or principal office in Singapore;
(c)
by sending it by fax to the fax number used at the body corporate’s registered office or principal office in Singapore; or
(d)
by sending it by email to the body corporate’s last email address.
(5) Service of a document under subsection (1) takes effect —(a)
if the document is sent by fax and a notification of successful transmission is received — on the day of transmission;
(b)
if the document is sent by email — at the time that the email becomes capable of being retrieved by the person; or
(c)
if the document is sent by prepaid registered post — 2 days after the day the document was posted (even if it is returned undelivered).
(6) This section does not apply to documents to be served in proceedings in court.
(7) In this section —“business address” means —(a)
in the case of an individual — the individual’s usual or last known place of business in Singapore; or
(b)
in the case of a partnership (other than a limited liability partnership) — the partnership’s principal or last known place of business in Singapore;
“document” includes a notice, a direction or an order permitted or required by this Act to be served;
“last email address” means —(a)
the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; or
(b)
the last email address of the addressee concerned known to the person giving or serving the document;
“residential address” means an individual’s usual or last known place of residence in Singapore.
Regulations
57.—(1) The Board may, with the approval of the Minister, make regulations prescribing matters required or permitted by this Act to be prescribed, or necessary or expedient for carrying out or giving effect to this Act.
(2) Without limiting subsection (1), the Board may, with the approval of the Minister, make regulations to provide for the following matters:(a)
the designation, appointment, authorisation or recognition of persons who conduct certification, accreditation or conformity assessment, and the regulation of such persons;
(b)
regulating the use of accreditation marks and certification marks, and regulating the use of reports and certificates issued under this Act;
(c)
fees and charges for the provision of any facility, service or work done, including the recovery of any costs incurred, by or on behalf of the Board, or otherwise for the purposes of this Act.
(3) The Board may, in making any regulations, provide that any person who contravenes a provision of the regulations 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 2 years or to both.
(4) All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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