Immunity of Government, Controller, etc.
Open ↗24.—(1) The Government, the Controller, the Deputy Controller, any authorised officer, any inspector or any other officer of the Government shall not be subject to any action, claim or demand by or liability to any person in respect of anything done or omitted to be done in good faith in pursuance or in execution or intended execution or in connection with the execution or intended execution of any power conferred upon the Government, the Controller, the Deputy Controller or such authorised officer, inspector or other officer by this Act.[15/2013]
(2) For the purposes of this section, the Minister and any public officer are deemed to be an officer of the Government.
Individuals not eligible to take part in management of business of licensed housing developers
Open ↗25.—(1) Without affecting any additional restriction or prohibition in any other written law relating to companies, cooperative societies, societies, limited liability partnerships or partnerships, any person who —(a)
is convicted of an offence (whether in Singapore or elsewhere) involving fraud or dishonesty must not hold or continue to hold a responsible position in a licensed housing developer until the expiry of 5 years after the later of the following dates:(i)
the date of his or her conviction;
(ii)
where he or she is sentenced to a term of imprisonment, the date of his or her release from imprisonment;
(b)
is an undischarged bankrupt (whether in Singapore or elsewhere) must not hold or continue to hold a responsible position in a licensed housing developer; [Act 54 of 2018 wef 28/06/2023]
(ba)
any person who has been convicted (whether before, on or after the date of commencement of section 14(p) of the Anti‑Money Laundering and Other Matters (Estate Agents and Developers) Act 2025) of any money laundering, proliferation financing or terrorism financing offence must not hold or continue to hold a responsible position in a licensed housing developer; and[Act 54 of 2018 wef 28/06/2023]
[Act 15 of 2025 wef 01/07/2025]
(c)
holds a responsible position in a licensed housing developer must cease to hold that position if he or she suspends payment to or compounds with his or her creditors.[15/2013]
(2) Any person holding a responsible position in a licensed housing developer that —(a)
is wound up by a court under the Insolvency, Restructuring and Dissolution Act 2018 or the Limited Liability Partnerships Act 2005;
(b)
is dissolved under section 33, 34 or 35 of the Partnership Act 1890 or section 24 of the Societies Act 1966; or
(c)
is wound up under section 83 of the Co-operative Societies Act 1979,
must not, except with the Minister’s written approval, hold or continue to hold a responsible position in any other licensed housing developer.
[15/2013; 40/2018]
(3) Any person who contravenes subsection (1)(a), (b) or (c) or (2) 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.[15/2013]
[Act 54 of 2018 wef 28/06/2023]
(4) Any person who contravenes subsection (1)(ba) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000.[Act 54 of 2018 wef 28/06/2023]
Penalty for offences not otherwise provided for
Open ↗26. Any licensed housing developer that is guilty of an offence for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $50,000.[15/2013]
Offences by bodies corporate, etc.
Open ↗27.—(1) Where an offence under this Act or any rules made under this Act committed by a body corporate is proved —(a)
to have been committed with the consent or connivance of an officer; or
(b)
to be attributable to any neglect on the officer’s part,
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
[15/2013]
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member of the body corporate in connection with the member’s functions of management as if the member were a director of the body corporate.[15/2013]
(3) Where an offence under this Act or any rules made under this Act committed by a partnership is proved —(a)
to have been committed with the consent or connivance of a partner of the partnership; or
(b)
to be attributable to any neglect on the partner’s part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
[15/2013]
(4) Where an offence under this Act or any rules made under this Act committed by a limited liability partnership is proved —(a)
to have been committed with the consent or connivance of a partner or manager of the limited liability partnership; or
(b)
to be attributable to any neglect on the part of such a partner or manager,
the partner or manager (as the case may be) as well as the limited liability partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
[15/2013]
(5) Where an offence under this Act or any rules made under this Act committed by an unincorporated association (other than a partnership) is proved —(a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)
to be attributable to any neglect on the part of such an officer or member,
the officer or member (as the case may be) as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
[15/2013]
(6) In this section —“body corporate” and “partnership” exclude a limited liability partnership;
“officer” —(a)
in relation to a body corporate, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b)
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, or any person holding a position analogous to that of president, secretary or member of such a committee, and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.[15/2013]
(7) The Minister may make rules to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any body corporate, limited liability partnership or unincorporated association formed or recognised under the law of a territory outside Singapore.[15/2013]
Composition of offences
Open ↗27A.—(1) The Controller may compound any offence under this Act or any rules made under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding one half of the amount of the maximum fine that is prescribed for the offence.[Act 15 of 2025 wef 01/07/2025]
(2) On payment of the sum of money, no further proceedings may be taken against that person in respect of the offence.[15/2013]
(3) The Minister may make rules to prescribe the offences which may be compounded.[15/2013]
(4) All sums collected under this section must be paid to the Consolidated Fund.[15/2013]
Exemption
Open ↗28. The Minister may by notification in the Gazette exempt any person, group of persons, partnership, society or company or statutory board from all or any of the provisions of this Act.[37/2008]
Consent of Public Prosecutor
Open ↗29. No prosecution in respect of any offence under this Act may be instituted except with the consent of the Public Prosecutor.[15/2010]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
