False or incorrect health declaration, means declaration or claim application
19.—(1) A person commits an offence if the person —(a)
makes a health declaration, means declaration or claim application under the Scheme which is false or misleading in a material particular, knowing that the declaration or application is false or misleading in a material particular;
(b)
omits any matter or thing without which the health declaration, means declaration or claim application (as the case may be) is misleading in a material particular, knowing that the omission makes the declaration or application misleading; or
(c)
provides any information to any person which is false or misleading in a material particular, knowing that —(i)
the information provided is false or misleading in a material particular; and
(ii)
the information provided may —(A)
be included in a health declaration, means declaration or claim application made under the Scheme;
(B)
affect the amount of any benefit or claim to be paid under the Scheme or whether any such benefit or claim is payable; or
(C)
affect the amount of any grant, subsidy or benefit to be paid or given under a relevant public scheme or whether any such grant, subsidy or benefit is payable or may be given.
[Act 40 of 2024 wef 01/04/2025]
(2) A person shall be liable on conviction of an offence under subsection (1) —(a)
in any case where the person is an individual, to a penalty equal to the relevant amount; or
(b)
in any other case, to a penalty equal to 5 times the relevant amount.
(3) A person who commits an offence under subsection (1), with the intention of causing any premium to be undercharged, any benefit or claim to be overpaid under the Scheme or a higher amount of any grant, subsidy or benefit to be given under a relevant public scheme, shall be guilty of an offence under this subsection and shall be liable on conviction of the offence under this subsection —(a)
in any case where the person is an individual —(i)
to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; and
(ii)
in addition, to a penalty equal to 2 times the relevant amount; or
(b)
in any other case —(i)
to a fine not exceeding $10,000; and
(ii)
in addition, to a penalty equal to 4 times the relevant amount.
[Act 40 of 2024 wef 01/04/2025]
(4) In this section, “relevant amount” means —(a)
the amount by which any premium has been undercharged as a result of the offence, or that would have been so undercharged if the false or misleading declaration, application or information (as the case may be) had been accepted as correct;
(b)
the amount of any benefit or claim under the Scheme that has been overpaid as a result of the offence, or that would have been so overpaid if the false or misleading declaration, application or information (as the case may be) had been accepted as correct; or
(c)
the amount of any grant, subsidy or benefit under a relevant public scheme that has been wrongly given as a result of the offence, or that would have been so wrongly given if the false or misleading information had been accepted as correct.
[Act 40 of 2024 wef 01/04/2025]
Investigators
20.—(1) The Minister may, in writing, appoint any public officer to investigate any offence under this Act.
(2) The chief executive officer of the Board may, in writing, appoint any officer of the Board to investigate any offence under this Act.
(3) An investigator, when exercising any powers and carrying out any duties under this Act, must comply with such general or special directions as may be given —(a)
by the Minister, if the investigator is a public officer; or
(b)
by the chief executive officer of the Board, if the investigator is an officer of the Board.
Power to obtain information
21.—(1) An investigator who has a reasonable suspicion that any person has committed an offence under this Act may —(a)
by written notice require any person to attend at such reasonable time and at such place as may be specified by the investigator to answer any question or to provide a signed statement in writing concerning the suspected offence;
(b)
require any person —(i)
to furnish any information within the person’s knowledge; or
(ii)
to produce for inspection any document or record in the person’s possession,
that the investigator believes on reasonable grounds to be connected with the suspected offence; and
(c)
retain the original copy of any document or record that the investigator believes on reasonable grounds to be connected with the suspected offence, or make or cause to be made, without payment, copies of or extracts from that document or record.
(2) Where any document or record required by an investigator is kept in electronic form, then —(a)
the power of an investigator to require that document or record to be produced for inspection under subsection (1)(b)(ii) includes the power to require a copy of that document or record to be made available for inspection in legible form; and
(b)
subsection (1)(c) applies to any copy so made available.
(3) Any copy of or extract from any document or record made under subsection (1)(c) and certified as such by the investigator is admissible as evidence in any proceedings under this Act.
(4) Any person who, when required by an investigator to furnish under subsection (1)(b) any information or produce any document or record, refuses or fails, without reasonable excuse, to furnish the information or to produce the document or record within the time allowed by the investigator 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 6 months or to both.
Obstructing investigators in execution of their duties
22. Any person who, without reasonable excuse, obstructs, hinders or impedes any investigator in the performance or execution of a duty or anything which the investigator is authorised, empowered or required to do under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
Offences by bodies corporate, etc.
23.—(1) Where an offence 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.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) is to apply in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.
(3) Where an offence under this Act committed by a partnership is proved —(a)
to have been committed with the consent or connivance of a partner; 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.
(4) Where an offence 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 a member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5) In this section —“body corporate” includes a limited liability partnership as defined in section 2(1) of the Limited Liability Partnerships Act 2005;
“officer” —(a)
in relation to a body corporate, means any director, partner, member of the board 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.
Composition of offences
24.—(1) A public officer authorised by the Minister, or an officer of the Board authorised by the chief executive officer of 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)
$1,000.
(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 Fund.
Conduct of prosecutions
25. Proceedings in respect of any offence under this Act may, with the authorisation of the Public Prosecutor, be conducted —(a)
by any public officer appointed by the Minister to conduct such proceedings; or
(b)
by any officer of the Board appointed by the chief executive officer of the Board to conduct such proceedings.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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