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Protection from personal liability
86. No liability shall lie personally against any of the following persons who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act:(a) the Commissioner; (b) any authorised officer or authorised person; (c) the Registrar of Platform Work Associations or any Assistant Registrar of Platform Work Associations.
Abetment of offences
87. A person who abets the commission of an offence under this Act shall be guilty of the offence and shall be liable on conviction to be punished with the punishment provided for that offence.
Offences by corporations
88.—(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 that 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 that the 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 the 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
89.—(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 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 (as the case may be), 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 that the 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.
Composition of offences
90.—(1) The Commissioner may compound any offence under this Act (except Part 3) 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) The Commissioner may compound any offence under Part 3 that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $200. (3) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (4) All sums collected under this section must be paid into the Consolidated Fund.
Jurisdiction of court
91. Despite the Criminal Procedure Code 2010 —(a) a District Court has jurisdiction to try any offence under this Act (except Part 3) and has power to impose the full punishment for any such offence; and (b) a District Court or a Magistrate’s Court has jurisdiction to try any offence under Part 3 and has power to impose the full punishment for any such offence.
Service of documents
92.—(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) This section does not apply to documents to be served in proceedings in court. (3) 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 last known to the person giving or serving the document as the fax number for the service of documents on the individual; or (f) by sending it by email to the individual’s last email address. (4) 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, secretary 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. (5) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served —(a) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; (b) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; (c) by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or (d) by sending it by email to the last email address of the body corporate or unincorporated association. (6) Service of a document takes effect —(a) if the document is sent by prepaid registered post — 2 days after the day the document was posted (even if it is returned undelivered); (b) if the document is sent by fax and a notification of successful transmission is received — on the day of transmission; or (c) if the document is sent by email — at the time that the email becomes capable of being retrieved by the person to whom it is sent. (7) However, service of any document under this Act on a person by email may be effected only with the person’s prior written consent to service in that way. (8) 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 permitted or required by this Act to be served; “last email address” means 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; “residential address” means an individual’s usual or last known place of residence in Singapore.
Interface with other laws
93. This Act does not affect any requirement, duty or obligation imposed on a person who is a platform operator or platform worker under any other written law or any rule of law.
General power to exempt
94. The Minister may, by order in the Gazette, exempt any person or class of persons from all or any of the provisions of this Act, either generally or in a particular case and subject to any conditions that the Minister may impose.
Amendment of Schedules
95.—(1) The Minister may, by order in the Gazette, amend, add to or vary the First, Second or Third Schedule. (2) The Minister may, in an order made under subsection (1), make provisions of a saving or transitional nature consequent on the enactment of the order that the Minister may consider necessary or expedient. (3) All orders made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette.
Regulations
96.—(1) The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) In particular, the Minister may make regulations for all or any of the following matters:(a) the records that must be maintained by a platform operator, including the form and contents of the records and the manner in which the records are to be displayed; (b) the statistics that must be collected, including the method of collecting the statistics (either in connection with or independently of any other public authority), the staff to be employed in connection with the collection, the duties to be performed and the publications (if any) to be issued; (c) the regulation of the conduct of a platform operator towards a platform worker, for the purposes of protecting the platform worker from any practice relating to the provision of a platform service that may adversely affect the platform worker’s wellbeing; (d) prescribe the administrative penalties for civil contraventions under Part 4 of an amount not exceeding $1,000 for each occasion of a civil contravention, and $2,000 in the case of a second or subsequent occasion of the civil contravention; (e) the manner in which an appeal may be made to the Minister under this Act and the procedure for such appeals; (f) any matter that is required or permitted to be prescribed under this Act. (3) Regulations made under this section may provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $10,000. (4) All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette.
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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 ↗
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