Symbol or representation of Board
40.—(1) The Board has the exclusive right to the use of such symbol or representation as the Board may select or devise and to display or exhibit the symbol or representation in connection with its activities or affairs.
(2) Any person who uses a symbol or representation —(a)
identical with that of the Board; or
(b)
which so resembles that of the Board as to deceive or cause confusion, or be likely to deceive or cause confusion,
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.
Preservation of secrecy
41.—(1) Except for the purpose of the performance of his or her duties or the exercise of his or her functions or when lawfully required to do so by any court or where required or allowed by any written law, a person who is or has been —(a)
a member, officer, employee or agent of the Board; or
(b)
a member of a committee of the Board,
must not disclose any information relating to the affairs of the Board or of any other person which has been obtained by him or her in the performance of his or her duties or the exercise of his or her functions.
[5/2018]
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 24 months or to both.
Corporate offenders and unincorporated associations
42.—(1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the body corporate, the officer as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of the 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 to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership shall be guilty of that 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 to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the association or a member of its governing body, the officer or member as well as the association shall be guilty of that 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 a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate or a 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 and members of the committee of the association and includes persons holding positions analogous to that of president, secretary or member of a committee;
“partner” includes a person purporting to act as a partner.
Composition of offences
43.—(1) The chief executive or any officer authorised by the chief executive 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 of money not exceeding $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.
Amendment of Schedule
44. The Minister may, by notification in the Gazette, amend the Schedule.
Regulations
45.—(1) The Board may, with the approval of the Minister, make regulations necessary or expedient to give effect to the provisions and purposes of this Act.
(2) Without limiting subsection (1), the Board may make regulations for the following purposes:(a)
regulating the proceedings of the Board or of the committees of the Board, to the extent not inconsistent with the Public Sector (Governance) Act 2018;
(b)
prescribing the fees and charges for the purposes of this Act;
(c)
regulating the conduct of the national examinations and any assessment conducted by the Board under this Act;
(d)
prescribing the offences that may be compounded under this Act.[5/2018]
(3) The regulations may provide that a contravention of those regulations shall be punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both and, in the case of a continuing offence, with a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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