Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Director may authorise person to exercise powers and duties
22. The powers conferred and the duties imposed on the Director under this Act may, subject to his or her directions, be exercised and carried out by any officer of the Authority generally or specially authorised by name or office by the Director.
Power to board and search ship
23.—(1) The Director may, where he or she has reason to believe that an offence has been committed under this Act —(a) board and search any ship; (b) enter and search any premises; or (c) summon any person before the Director and require the person to answer questions, and the Director may carry out such inspection and examination as he or she may consider necessary and may seize any book, paper, document, record, electronic material or other thing found in those places which may provide evidence of the commission of an offence under this Act and may make copies of, or take extracts from or samples of, such book, paper, document, record, electronic material or other thing. (2) Any person who assaults, hinders, impedes or obstructs the Director in the performance of his or her duties under this section 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. (3) In this section, “Director” includes an officer of the Authority authorised by the Director to exercise any of the powers mentioned in subsection (1).
Offences by bodies corporate, etc.
24.—(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) 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 part of a partner, 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 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 —“body corporate” includes a limited liability partnership which has the meaning given by 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 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) The Minister may, by regulations, provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.
Protection from personal liability
25. No action, suit or other legal proceeding shall lie personally against the Director, any officer of the Authority or any other person acting under the direction of the Director or the Authority for anything which is in good faith done or intended to be done in the execution or purported execution of this Act.
Jurisdiction of court
26. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.
Composition of offences
27.—(1) The Director may 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 $2,000. (2) On payment of the sum of money, no further proceedings may be taken against that person in respect of the offence. (3) The Authority may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded.
All moneys recovered to be paid to Authority
28. All moneys recovered or charges or composition sums collected under this Act must be paid into and form part of the moneys of the Authority.
Regulations
29.—(1) The Authority may, with the approval of the Minister, make regulations for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Authority may, with the approval of the Minister, make regulations for or with respect to all or any of the following matters:(a) prescribing the amount of fees to be paid on an application for the issue of a certificate under section 13(1); (b) providing for the cancellation and delivery up to the Director of a certificate issued under section 13(1); (c) providing for matters relating to the conversion of amounts mentioned in section 7(3) from special drawing rights to such sums in Singapore dollars; (d) providing for any other matter which is required or authorised by any provision of this Act to be provided for by regulations; (e) prescribing offences in respect of the contravention of any regulations made under this section, and prescribe fines not exceeding $10,000 or imprisonment which may not exceed 12 months or both, that may, on conviction, be imposed in respect of any such offence.
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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