Penalty for offences under Parts 2 and 3
22. Any person who is guilty of an offence under Part 2 or 3 shall be liable on conviction —(a)
in the case of a body corporate — to a fine not exceeding $200,000 and, in the case of a second or subsequent offence, to a fine not exceeding $400,000; and
(b)
in any other case — to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent offence, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both.
Offences with respect to information
23.—(1) Any person who provides or causes to be provided any false or misleading information in any application, record or other document for any purpose under this Act shall be guilty of an offence.
(2) Any person who —(a)
provides or causes to be provided to any authorised officer or police officer any false or misleading particulars, information or statement in respect of any matter which such officer requires to be given under this Act;
(b)
refuses to answer or gives a false answer to any question put to the person by any authorised officer or police officer for the purpose of obtaining any particulars, information or statement under this Act; or
(c)
fails or refuses to provide or produce any record, book, accounts or document as may be required by any authorised officer or police officer,
shall be guilty of an offence.
(3) Any person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction —(a)
in the case of a body corporate — to a fine not exceeding $100,000 and, in the case of a second or subsequent offence, to a fine not exceeding $200,000; and
(b)
in any other case — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both.
Obstruction, etc., of officers
24. Any person who obstructs, impedes, assaults or interferes with any authorised officer or police officer in the performance of his or her duties under this Act shall be guilty of an offence and shall be liable on conviction —(a)
in the case of a body corporate — to a fine not exceeding $100,000 and, in the case of a second or subsequent offence, to a fine not exceeding $200,000; and
(b)
in any other case — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both.
Offences by bodies corporate, etc.
25.—(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 his or her 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) applies 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 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 —“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 a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
(6) Without limiting section 31(1), the Minister may make regulations for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.
Composition of offences
26. The Registrar may, in his or her discretion, compound any offence 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 $10,000.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
