1. This Act is the SkillsFuture Singapore Agency Act 2016.
SkillsFuture Singapore Agency Act 2016
An Act to establish the SkillsFuture Singapore Agency.
Data synced
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
PART 1 — PRELIMINARY
2. In this Act, unless the context otherwise requires —“adult education” means that part of post‑secondary education and training which is directed towards the development or upgrading of skills and knowledge in relation to work in commerce or industry;
“Agency” means the SkillsFuture Singapore Agency established by section 3;
“authorised person” means an authorised person appointed by the Agency under section 56B(1);[Act 3 of 2023 wef 15/06/2023]
“Chairperson”, in relation to the Agency, means the member of the Agency who is appointed under section 12 as the Chairperson of the Agency, and includes any individual appointed under section 14 to act in that capacity;
“Chief Executive” means the Chief Executive of the Agency, and includes any individual acting in that capacity;
“commerce or industry” includes any trade, manufacturing or service industry, business or other related activity;
“committee” means a committee of the Agency appointed under section 34;
“committee member” means an individual appointed to be a member of a committee;
“company” —(a)
has the meaning given by section 4(1) of the Companies Act 1967; and
(b)
includes a foreign company within the meaning of that Act;
“delegate” means a person to whom the Agency under section 36(1) delegates the performance or exercise of any of its functions or powers;
“Deputy Chairperson”, in relation to the Agency, means the member of the Agency who is appointed under section 12 as the Deputy Chairperson of the Agency;
“document” means any thing (in whatever form) in which information or material of any description is recorded or stored, and includes any tape, disk or other storage device or medium;[Act 3 of 2023 wef 15/06/2023]
“functions”, in relation to the Agency, means functions conferred on the Agency by this Act or any other Act;
“further education” means a post‑secondary education program that leads to the development of knowledge and skills that are not specific to any particular occupation;
“grant” includes a grant by way of reimbursement under a reimbursement arrangement;
“inspector” means an inspector appointed by the Agency under section 56B(2);[Act 3 of 2023 wef 15/06/2023]
“member”, in relation to the Agency, means a member of the Agency who is appointed under section 10, and includes any person appointed under section 14 to act in that capacity;
“post‑secondary education” means education of persons —(a)
who are 16 years of age or older; and
(b)
who are not undergoing a course of education at any of the following:(i)
a Government school;
(ii)
a school registered under the Education Act 1957 and which receives a grant‑in‑aid or subvention extended by the Government to aided schools within the meaning of that Act;
(iii)
an education institution providing education in accordance with religious beliefs and principles;
“private education” has the meaning given by the Private Education Act 2009;
“reimbursement arrangement” means a written arrangement made in respect of any adult education or further education provided to a person eligible to financial incentives, support, grant, aid or assistance from the Agency to the effect that where —(a)
the person so eligible receives or undergoes adult education or further education for a charge; and
(b)
the provider of the adult education or further education incurs costs and expenses in providing the education to that eligible person,
the provider of the adult education or further education is entitled, under the arrangement, to reimbursement from the Agency of the whole or part of its charges in respect of the education so provided, but in no case exceeding that person’s eligibility to financial incentive, support, grant, aid or assistance (as the case may be) for that education;
“Singapore Workforce Development Agency” or “SWDA” means the Singapore Workforce Development Agency established by the Singapore Workforce Development Agency Act (Cap. 305D, 2004 Revised Edition);
“statutory authority” means a body corporate established or constituted by or under a public Act to perform or discharge a public function, but excludes a Town Council constituted under the Town Councils Act 1988;[Act 3 of 2023 wef 15/06/2023]
“subdelegate” means a person to whom a delegate under section 36(2) further delegates the performance or exercise of any of the Agency’s functions or powers;
“transfer date” means 3 October 2016;
“Workforce Singapore Agency” means the SWDA renamed as the Workforce Singapore Agency by the Singapore Workforce Development Agency (Amendment) Act 2016.[20/2016; 5/2018; S 461/2020]
PART 2 — ESTABLISHMENT, FUNCTIONS AND POWERS OF AGENCY
3. A body called the SkillsFuture Singapore Agency is established by this section.
4.—(1) The Agency —(a)
is a body corporate with perpetual succession;
(b)
must have a seal;
(c)
may acquire, hold and dispose of real and personal property; and
(d)
may sue and be sued in its corporate name.
(2) The Agency may use, and operate under, one or more trading names approved by the Minister.
(3) A trading name can be an abbreviation or adaptation of the Agency’s corporate name, or a name other than the Agency’s corporate name.
(4) The Agency must cause notice of every trading name approved under subsection (2) to be published in the Gazette; but failure to do so does not invalidate the approval or use of that name.
5.—(1) The Agency has the following functions:(a)
to plan and develop policies, programs and services that provide, or support the provision of, adult education and further education;
(b)
to promote, facilitate and assist in the identification, development and upgrading of skills and competencies for the current, emerging and future needs of the Singapore workforce;
(c)
to develop, in consultation with employers and relevant representatives of commerce or industry, models for the provision of adult education or further education for the purposes of developing skills;
(d)
to promote a national approach to the provision of adult education and further education through collaboration and cooperation between universities, public sector post‑secondary education institutions and other providers of adult education or further education;
(e)
to provide funding for the provision or promotion of, or taking part in, or to encourage participation in, adult education and further education (wherever held) that is responsive to the needs of commerce or industry or employers;[Act 3 of 2023 wef 15/06/2023]
(ea)
to defray or subsidise any costs or expenses incurred or to be incurred in connection with any absence from work of any person to take part in any adult education or further education mentioned in paragraph (e);[Act 3 of 2023 wef 15/06/2023]
(f)
to promote public awareness in Singapore of the importance of adult education and further education and encourage enthusiasm for lifelong learning;
(g)
to collect, compile and analyse data about the provision of adult education or further education;
(h)
to accredit, or facilitate accreditation by others in Singapore of, providers of or courses in adult education or further education (even if the course is developed outside Singapore);
(i)
to facilitate the improvement of quality of courses in adult education or further education provided in Singapore, including the standard of teachers and trainers in Singapore of these courses;
(j)
to promote or undertake research in Singapore into matters relating to adult education and further education;
(k)
to facilitate public availability of meaningful and accurate information relating to the quality of courses in adult education or further education provided in Singapore (even if the course is developed outside Singapore);
(l)
to provide career guidance services and facilities to assist students prepare to enter the labour market and to other people;
(m)
to administer —(i)
the Private Education Act 2009 in accordance with that Act; and
(ii)
the Skills Development Fund in accordance with the Skills Development Levy Act 1979;
(n)
to cooperate and collaborate with the Workforce Singapore Agency in the discharge of its functions under the Workforce Singapore Agency Act 2003;
(o)
to perform any other functions that may be conferred on the Agency by any other Act.[20/2016]
(2) In performing the functions conferred on it by subsection (1), the Agency is to have regard to —(a)
increasing Singapore workforce productivity and improving the international competitiveness of commerce or industry in Singapore;
(b)
current, emerging and future workforce skills needs across commerce or industry sectors in Singapore;
(c)
widening participation in learning opportunities for adults, particularly those that enhance employability of citizens and residents of Singapore; and
(d)
ensuring a system of training and workforce development in Singapore that —(i)
responds to the needs of commerce or industry and employers, and in which commerce or industry and employers influence the policies, priorities and delivery of adult education and further education;
(ii)
offers high quality and accessible adult education and further education; and
(iii)
results in those persons undergoing that education obtaining skills.
(3) In addition to the functions conferred by this section, the Agency may undertake any other functions that the Minister may assign to the Agency, by notification in the Gazette, and in so undertaking —(a)
the Agency is deemed to be fulfilling the purposes of this Act; and
(b)
the provisions of this Act apply to the Agency in respect of those other functions and duties.
(4) Nothing in this section imposes on the Agency, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Agency would not otherwise be subject.
(5) In this section —“public sector post‑secondary education institution” means —(a)
the Institute of Technical Education, Singapore established by section 3 of the Institute of Technical Education Act 1992;
(b)
the Nanyang Polytechnic established under the Nanyang Polytechnic Act 1992;
(c)
the Ngee Ann Polytechnic established under the Ngee Ann Polytechnic Act 1967;
(d)
the Republic Polytechnic established under the Republic Polytechnic Act 2002;
(e)
the Singapore Polytechnic established under the Singapore Polytechnic Act 1954;
(f)
the Temasek Polytechnic established under the Temasek Polytechnic Act 1990; or
(g)
any company that is owned (wholly or partly) by the Institute of Technical Education, Singapore or any polytechnic mentioned in paragraphs (b) to (f);
“university” means —(a)
the Nanyang Technological University;
(b)
the National University of Singapore;
(c)
the Singapore Management University;
(d)
the Singapore University of Technology and Design;
(e)
the Singapore Institute of Technology;
(f)
the Singapore University of Social Sciences;
(g)
any other person whose function of providing university education is determined by a public Act; or
(h)
any entity that is owned (wholly or partly) or controlled by any university or person mentioned in paragraphs (a) to (g).[30/2017]
6.—(1) Subject to this Act, the Agency has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.
(2) Without limiting subsection (1), the powers of the Agency mentioned in that subsection include power —(a)
to enter into contracts, agreements or arrangements;
(b)
to offer and conduct courses in and provide facilities for adult education or further education, and organise or sponsor seminars, workshops and conferences;
(c)
to publish or provide any information, or publish or sponsor the publication of works, relating to adult education, further education or private education;
(d)
to apply for, obtain and hold, whether on its own behalf or jointly with any other person, any intellectual property rights;
(e)
to enter into agreements or arrangements for the commercial exploitation of those intellectual property rights, whether by assignment, licensing or otherwise;
(f)
with the approval of the Minister, to join in the formation of a company, association, trust or partnership or enter into a joint venture with any person;
(g)
to be a member of a company, association, trust or partnership;
(h)
to provide financial incentives, support, grant, aid or assistance to any person;
(i)
to charge for the provision of goods or services, or the performance of work, by, or on behalf of, the Agency;
(j)
to waive the payment of fees and charges payable to the Agency;
(k)
to accept gifts, grants, bequests and devises made to the Agency, and act as trustee of money and other property vested in the Agency on trust;
(l)
to enter into agreements or arrangements with persons, authorities or organisations in Singapore or overseas for the purposes of the Agency;
(m)
to provide technical, consultancy or advisory services to the Government or any other person in Singapore or overseas on any matter related to, or connected with, adult education, further education or private education; and
(n)
to do any other thing that is necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions.
(3) To avoid doubt, subsection (1) does not limit any other power given to the Agency by any other provision in this Act or by any other Act.
7.—(1) The Minister may give to the Agency any direction under section 5 of the Public Sector (Governance) Act 2018.[5/2018]
(2) To avoid doubt, the Minister is entitled —(a)
to have information in the possession of the Agency; and
(b)
where the information is in or on a document, to have, and make and retain copies of, that document.
(3) For the purposes of subsection (2), the Minister may —(a)
request the Agency to provide information to the Minister; or
(b)
request the Agency to give the Minister access to information.
(4) The Agency must comply with a request under subsection (3).
(5) In this section —[Deleted by Act 3 of 2023 wef 15/06/2023]
“information” means information specified, or of a description specified, by the Minister that relates to the functions of the Agency.
8.—(1) The Agency has the exclusive right to the use of one or more symbols or representations as it may select or devise (each called the Agency’s symbol or representation), and to display or exhibit those symbols or representations in connection with the Agency’s activities or affairs.
(2) A person who —(a)
uses, without the prior written permission of the Agency, a symbol or representation identical with the Agency’s symbol or representation; or
(b)
uses a symbol or representation which so resembles the Agency’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to 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.
PART 3 — CONSTITUTION AND MEMBERSHIP OF AGENCY
Division 1 — Appointment, resignation and removal
9.—(1) The Agency consists of at least 9 and not more than 15 members.(2) One of the members (who is not the Chairperson) may be the Chief Executive.
—(1) The Agency consists of at least 9 and not more than 15 members.
(2) One of the members (who is not the Chairperson) may be the Chief Executive.
10.—(1) Each member of the Agency is to be appointed by the Minister.
(2) Every appointment must be made by instrument in writing given to the member.
(3) The instrument must state —(a)
the term of the appointment; and
(b)
the date the appointment takes effect, which must not be a date earlier than the date the instrument is received by the member.
11.—(1) In appointing members of the Agency, the Minister must have regard to whether the members of the Agency will collectively possess the appropriate knowledge, skills, and experience to assist the Agency to perform its functions effectively.
(2) However, the following individuals are disqualified to be or from being a member of the Agency:(a)
an undischarged bankrupt or an individual who has an arrangement with any of his or her creditors;
(b)
a Judge or judicial officer;
(c)
an individual who has been sentenced to imprisonment for a term of 6 months or more, and has not received a free pardon;
(d)
an individual who is —(i)
disqualified under section 154(1) of the Companies Act 1967 from acting as a director, or taking part (whether directly or indirectly) in the management, of a company during the period of disqualification in that section;
(ii)
disqualified by a court order under section 149(1), 149A(1) or 154(2) of the Companies Act 1967 from being a director or in any way (whether directly or indirectly) being concerned in, or taking part in, the management of a company during the period of disqualification in the court order;
(iii)
disqualified under section 58(1) of the Variable Capital Companies Act 2018 from acting as a director, or taking part (whether directly or indirectly) in the management of a VCC during the period of disqualification in that provision; or
(iv)
disqualified by a court order under section 56(1), 57(1) or 58(2) of the Variable Capital Companies Act 2018 from being a director or in any way (whether directly or indirectly) being concerned in, or taking part in, the management of a VCC during the period of disqualification in the court order;
(e)
an individual who lacks capacity in respect of his or her duties as a member within the meaning of the Mental Capacity Act 2008, or in respect of whom an order is made under section 10 of the Mental Health (Care and Treatment) Act 2008.[S 461/2020]
(3) In this section, “VCC” has the meaning given by section 2(1) of the Variable Capital Companies Act 2018.[S 461/2020]
12.—(1) The Minister may, by instrument in writing, appoint —(a)
a member (other than the Chief Executive) to be the Chairperson of the Agency for the period specified in the instrument; and
(b)
a member (other than the Chairperson of the Agency) to be the Deputy Chairperson of the Agency for the period specified in the instrument.
(2) The Chairperson or Deputy Chairperson holds office until —(a)
his or her term of office as Chairperson or Deputy Chairperson (as the case may be) expires;
(b)
he or she ceases to hold office as a member of the Agency; or
(c)
the Minister terminates his or her appointment as Chairperson or Deputy Chairperson, as the case may be,
whichever first happens.
(3) The Deputy Chairperson of the Agency has and may exercise all of the functions and powers of the Chairperson in relation to a matter if —(a)
the Chairperson is unavailable; or
(b)
the Chairperson is interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter.[5/2018]
13.—(1) If a premature vacancy occurs in the office of any member of the Agency, the Minister may, subject to sections 9, 10 and 11, appoint an individual to fill the vacancy and hold that office for the remainder of the term for which the vacating member was appointed.
(2) In this section, “premature vacancy”, for an office, means a vacancy that occurs in that office for any reason other than the expiry of the term of office.
14.—(1) The Minister may appoint an individual (other than the Chief Executive) to act temporarily as the Chairperson of the Agency during any period, or during all periods, when the Chairperson —(a)
is absent from duty or Singapore; or
(b)
is, for any reason, unable to perform the duties of the office.
(2) The Minister may appoint an individual to act temporarily as a member of the Agency (other than the Chairperson) during any period, or during all periods, when the member —(a)
is absent from duty or Singapore; or
(b)
is, for any reason, unable to perform the duties of the office.
(3) An individual is ineligible for appointment under this section to act as the Chairperson or a member of the Agency if the individual is disqualified under section 11(2) for appointment as a member of the Agency.
15.—(1) The Minister may, at any time and without giving any reason, remove a member of the Agency from office.
(2) Every removal under subsection (1) must be made by written notice given to the member with a copy to the Agency.
(3) The notice must state the date the removal takes effect, which must not be a date earlier than the date the member receives the notice.
16.—(1) A member of the Agency may resign his or her office by written notice to the Minister (with a copy to the Agency) signed by the member.
(2) The resignation is effective when the notice in subsection (1) is received by the Minister or at any later time specified in the notice.
17.—(1) Despite section 33 of the Interpretation Act 1965, the exercise of any power or performance of any function by the Agency is not affected merely because at the relevant time —(a)
there was a vacancy in the membership of the Agency, including a vacancy arising from the failure to appoint a member;
(b)
there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Agency; or
(c)
there was an irregularity in the Agency’s decision‑making procedure that does not affect the merits of the decision made.[5/2018]
(2) The acts of an individual as a member of the Agency are not affected merely because —(a)
there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Agency; or
(b)
in the case of an individual acting in the capacity of the Chairperson, member or Chief Executive, the occasion for the individual so acting, or for his or her appointment, had not arisen or had ended.
Division 2 — Terms and conditions for members
18.—(1) Subject to section 20, each member of the Agency holds office for a period of 3 years or any shorter period specified in the instrument of appointment.
(2) A member of the Agency may be re‑appointed.
19. The members of the Agency may be paid, out of the funds of the Agency, such salaries, fees and allowances as the Minister determines.
20.—(1) A member of the Agency ceases to hold office if he or she —(a)
dies;
(b)
is adjudicated a bankrupt or makes an arrangement with any of his or her creditors;
(c)
becomes otherwise disqualified from being a member under section 11(2);
(d)
is removed from office in accordance with section 15;
(e)
resigns in accordance with section 16;
(f)
fails without reasonable cause to disclose any interest required under the Public Sector (Governance) Act 2018 and a notice is given under that Act to the Minister about that default;
(g)
fails to attend 3 consecutive meetings of the Agency without the approval of the Agency; or
(h)
is not re‑appointed when his or her term of office expires.[5/2018]
(2) A member is not entitled to any compensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as a member.
PART 4 — DECISION‑MAKING BY AGENCY
Division 1 — Meetings
26. Except as otherwise provided under this Act or any other Act, the members of the Agency must regulate their own procedure.
27.—(1) The Agency is to hold such meetings as are necessary for performing its functions.
(2) The Chairperson must appoint the times and places of the meetings of the Agency, and cause notice of those meetings to each member not present when the appointment is made.
29.—(1) The quorum is the number that is one‑third the number of members.(2) No business may be transacted at a meeting of the Agency if a quorum is not present.
—(1) The quorum is the number that is one‑third the number of members.
(2) No business may be transacted at a meeting of the Agency if a quorum is not present.
30.—(1) At a meeting of the Agency, the following person presides:(a)
if there is a Chairperson and he or she is present and is not interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter — the Chairperson;
(b)
if there is no Chairperson, or the Chairperson is not present or is interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter, and the Deputy Chairperson who is not so interested in the matter is present — the Deputy Chairperson;
(c)
in any other case, the member elected from among themselves to preside.[5/2018]
(2) A person mentioned in subsection (1)(b) or (c) may exercise all the powers and functions of the Chairperson for the purposes of the meeting.
31.—(1) Each member has one vote.
(2) In addition to his or her general vote, the member presiding at a meeting has, in the case of an equality of votes, a casting vote.
(3) A resolution of the Agency is passed if it is agreed by all members present without dissent, or if a majority of the members who are entitled to vote on the matter cast votes in favour of it.
(4) A member present at a meeting of the Agency is presumed to have agreed to, and to have voted in favour of, a resolution of the Agency unless he or she expressly dissents from or votes against the resolution at the meeting.
33.—(1) The Agency must have a seal.
(2) The seal of the Agency is to be kept and used as authorised by the Agency.
(3) A document is duly executed by the Agency if —(a)
the seal of the Agency is affixed to the document in the presence of one of its members who must sign the document to attest that the seal was so affixed, and the document is signed —(i)
by any 2 members generally or specially authorised by the Agency for the purpose; or
(ii)
by one member and the Chief Executive; or
(b)
it is signed on behalf of the Agency by a person or persons authorised to do so by the Agency and in accordance with the terms of that authorisation.
(4) A document purporting to be executed in accordance with this section must be presumed to be duly executed until the contrary is shown.
(5) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the Agency appearing on a document.
(6) When a document is produced bearing a seal purporting to be the seal of the Agency, it must be presumed that the seal is the seal of the Agency until the contrary is shown.
Division 2 — Committees and delegation
34.—(1) The Agency may, by resolution, appoint any number of committees that it thinks fit for purposes which, in the opinion of the Agency, would be better regulated and managed by means of those committees.
(2) A committee appointed under this section may consist of any number of individuals that the Agency thinks fit, and may include individuals who are not members of the Agency.
(3) Without limiting subsection (1), the Agency may appoint committees —(a)
to advise the Agency on any matters relating to the Agency’s functions and powers that are referred to the committee by the Agency; or
(b)
to perform or exercise any of the Agency’s functions and powers that are delegated to the committee, if the committee includes at least one member of the Agency.
(4) An individual may not be appointed as a member of a committee unless, before appointment, he or she discloses to the Agency the details of any interest (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) the individual may have if he or she were a member of that committee.[5/2018]
35.—(1) Section 17 applies to a committee, and to committee members or individuals purporting to be committee members, with the necessary modifications.
(2) Subject to this Act, the Public Sector (Governance) Act 2018 and any restrictions by a resolution under section 34(1), a committee may regulate its own proceedings and business as it thinks fit.[5/2018]
36.—(1) The Agency may delegate the performance or exercise of any of its functions or powers, either generally or specially, to any of the following persons by resolution and written notice to the person or persons:(a)
a member of the Agency;
(b)
the Chief Executive, any employee of the Agency or any other person performing duties in the Agency;
(c)
a committee;
(d)
a wholly‑owned subsidiary company of the Agency;
(e)
a person engaged as a contractor by the Agency;[Act 3 of 2023 wef 15/06/2023]
(f)
a public officer or an officer of a statutory authority.[Act 3 of 2023 wef 15/06/2023]
(2) A delegation by the Agency under subsection (1) of the performance or exercise of any of its functions or powers —(a)
to a person in subsection (1)(a), (b) or (c) may authorise the delegate to subdelegate the performance or exercise of the function or power to another member, an appropriately qualified employee of the Agency or person performing duties in the Agency (called in this Act a subdelegate); or
(b)
to a person in subsection (1)(d) or (e) may authorise the delegate to subdelegate the performance or exercise of the function or power to an appropriately qualified employee of that delegate (also called in this Act a subdelegate),
but subject to the same restrictions, and with the same effect, as if the subdelegate is the delegate.
(3) Subsections (1) and (2) do not apply to any power under this Act or any other Act administered by the Agency that is declared by that Act to be non‑delegable.
(4) Subject to section 34(3)(b), a delegation or subdelegation in accordance with this Act is not affected by any change in the membership of the Agency or of any committee or by any change in the Chief Executive or employee.
(5) In this section —(a)
a reference to a wholly‑owned subsidiary company of the Agency includes a company limited by guarantee the sole member of which is the Agency; and
(b)
a reference to a person performing duties in the Agency includes a person performing duties in the Agency under a contract, or under an arrangement making available temporarily to the Agency the services of public officers (or secondment).
37.—(1) A delegate (or subdelegate) who purports to perform a function or exercise a power under delegation (or subdelegation) —(a)
is taken to be in accordance with the terms of a delegation (or subdelegation) under section 36, unless the contrary is shown; and
(b)
must produce evidence of his or her authority to do so, if reasonably requested to do so.
(2) A subdelegate to whom a function or power of the Agency is subdelegated under section 36(2) is not authorised to further delegate that power or function to anyone else.
PART 5 — PERSONNEL MATTERS
38.—(1) There must be a Chief Executive of the Agency, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.[5/2018]
(2) The Agency may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —(a)
is absent from duty or Singapore; or
(b)
is, for any reason, unable to perform the duties of the office.[5/2018]
39. The Agency may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.[5/2018]
40.—(1) Without affecting sections 20 and 21 of the Public Sector (Governance) Act 2018, every delegate and subdelegate of the Agency —(a)
is deemed to be a public servant for the purposes of the Penal Code 1871; and
(b)
is, in relation to his or her administration, assessment, collection and enforcement of payment of —(i)
any financial penalty imposed under section 21 or 37 of the Private Education Act 2009; or
(ii)
any composition sum collected under this Act, section 17 of the Skills Development Levy Act 1979 or section 40 of the Private Education Act 2009,[Act 3 of 2023 wef 15/06/2023]
taken to be a public officer for the purposes of the Financial Procedure Act 1966; and section 20 of that Act applies to each of these delegates and subdelegates even though he or she is not or was not employed by the Government.
[Act 3 of 2023 wef 15/06/2023]
(2) Without affecting sections 20 and 21 of the Public Sector (Governance) Act 2018, every authorised person appointed under section 56B(1) and under section 14A(1) of the Skills Development Levy Act 1979 is deemed to be a public servant for the purposes of the Penal Code 1871.[Act 3 of 2023 wef 15/06/2023]
[Act 3 of 2023 wef 15/06/2023]
41.—(1) A member, an employee, an officer, a delegate or subdelegate of the Agency, an authorised person, an inspector, the Chief Executive or a committee member, who has information in his or her capacity as such that would not otherwise be available to him or her, must not disclose that information to any person except —(a)
in the performance of the Agency’s functions;
(b)
with the prior authorisation from the Agency to do so;
(c)
for the purposes of any proceedings for an offence under this section or section 58, or any report of those proceedings;
(d)
as required by an order of court;
(e)
in complying with the requirements in this Act for members to disclose interests; or
(f)
as required of or allowed by the Agency, the Chief Executive, the member, employee, officer, delegate or subdelegate of the Agency, the authorised person, the inspector or the committee member, by or under this Act or any other Act.[Act 3 of 2023 wef 15/06/2023]
[Act 3 of 2023 wef 15/06/2023]
(2) A 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 12 months or to both.
(3) In this section —“authorised person” means an authorised person appointed under section 56B(1) or section 14A(1) of the Skills Development Levy Act 1979;
“inspector” means an inspector appointed under section 56B(2), section 14A(2) of the Skills Development Levy Act 1979 or section 29(1) of the Private Education Act 2009.[Act 3 of 2023 wef 15/06/2023]
42.—(1) No liability shall lie against any member, any committee member, the Chief Executive or any employee, officer, delegate or subdelegate of the Agency, inspector, or other person acting under the direction of the Agency, for anything which is done or purported to be done, or omitted to be done, in good faith and with reasonable care in —(a)
the exercise or purported exercise of any power under this Act or any other Act; or[Act 3 of 2023 wef 15/06/2023]
(b)
the performance or purported performance of any function under this Act or any other Act.[Act 3 of 2023 wef 15/06/2023]
[Act 3 of 2023 wef 15/06/2023]
(2) In this section, “inspector” means an inspector appointed under section 56B(2), section 14A(2) of the Skills Development Levy Act 1979 or section 29(1) of the Private Education Act 2009.[Act 3 of 2023 wef 15/06/2023]
PART 6 — FINANCIAL PROVISIONS
43. The financial year of the Agency begins on 1 April of each year and ends on 31 March of the succeeding year.
44.—(1) The funds and property of the Agency include —(a)
all moneys paid to the Agency by way of grants, subsidies, donations, gifts and contributions for purposes of the Agency;
(b)
all moneys paid to, and all other moneys and property lawfully received by, the Agency for purposes of the Agency;
(ba)
all moneys recovered by the Agency pursuant to an order of a court under section 57D or 58, that relate to the whole or the proportion of an incentive, a grant or a loan out of moneys not in the Skills Development Fund;[Act 3 of 2023 wef 15/06/2023]
(c)
all fees and charges payable to the Agency under this Act or any other Act administered by the Agency;
(d)
all moneys, dividends, royalties, interest or income received from any transaction made pursuant to the powers conferred on the Agency under this Act or any other Act administered by the Agency;
(e)
all moneys borrowed by the Agency under this Act;
(f)
the Skills Development Fund; and
(g)
all accumulations of income derived from any property or money mentioned in paragraphs (a) to (f).
(2) The Skills Development Fund must be managed and administered by the Agency separately from the other funds and property of the Agency.
45.—(1) The Agency must open and maintain one or more accounts with such bank or banks as the Agency thinks fit.
(2) Every such account may only be operated by a person who is authorised to do so by the Agency.
46. The Agency must —(a)
keep proper accounts and records of its transactions and affairs; and
(b)
do all things necessary to ensure that —(i)
all payments out of its moneys are correctly made and properly authorised; and
(ii)
adequate control is maintained over the funds and property and assets of, or in the custody of, the Agency and over the expenditure incurred by the Agency.
47.—(1) In addition to the requirements of the Public Sector (Governance) Act 2018, the Agency must, in every financial year, prepare or cause to be prepared, and must adopt annual estimates of income and expenditure for the Skills Development Fund for the ensuing financial year in accordance with the Skills Development Levy Act 1979.[5/2018]
(2) Supplementary estimates for the Skills Development Fund may be adopted by the Agency where necessary.[5/2018]
(3) A copy of all annual estimates and supplementary estimates mentioned in subsections (1) and (2) must, upon their adoption by the Agency, be sent as soon as possible to the Minister.[5/2018]
48. The Agency may invest its moneys (except the Skills Development Fund) in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.
49. As a consequence of —(a)
the vesting of any property, rights or liabilities in the Agency under this Act; or
(b)
any capital injection or other investment by the Government in the Agency in accordance with any other written law,
the Agency must issue such shares or other securities to the Minister for Finance as that Minister may direct.
50.—(1) The Agency cannot borrow for the performance of its functions under this Act or any other Act administered by the Agency except in accordance with this section.
(2) Subject to subsection (3), the Agency may raise loans by —(a)
mortgage, overdraft or other means, with or without security;
(b)
charge, whether legal or equitable, on any property vested in the Agency or on any other revenue receivable by the Agency under this Act or any other written law; or
(c)
the creation and issue of debentures, bonds or any other instrument as the Minister may approve.
(3) The Agency may raise loans —(a)
from the Government; or
(b)
with the approval of the Minister, from another source, whether within or outside Singapore.
(4) For the purposes of this section, the power to raise loans includes the power to make any financial agreement whereby credit facilities are granted to the Agency for the purchase of goods, materials or things.
56. The provisions of Part 5 of the Public Sector (Governance) Act 2018 do not affect the requirements in sections 20 and 21 of, and the First Schedule to, the Skills Development Levy Act 1979 insofar as the requirements apply in relation to the Skills Development Fund.[5/2018]
PART 7 — ADMINISTRATION AND ENFORCEMENT
Division 1 — Preliminary matters, appointments and powers
56A. In this Part, an incentive, a grant or a loan from the Agency means —(a)
an incentive, a grant or a loan given by the Agency out of moneys in the Skills Development Fund in accordance with section 7 of the Skills Development Levy Act 1979;
(b)
an incentive, a grant or a loan given by the Agency out of moneys not in the Skills Development Fund; or
(c)
an incentive, a grant or a loan given by the Agency out of a combination of moneys mentioned in paragraphs (a) and (b).[Act 3 of 2023 wef 15/06/2023]
56B.—(1) The Agency may appoint an employee or agent of the Agency, a public officer or an officer of another statutory authority or any other suitably qualified individual to be an authorised person for the purposes of section 57.
(2) The Agency may appoint any of its officers or employees to be an inspector for the purposes of this Act.
(3) The Agency must issue to every authorised person and inspector an identification card that identifies him or her as an authorised person or inspector, as the case may be.
(4) An authorised person or inspector must produce his or her identification card for inspection —(a)
before exercising a power conferred on him or her by this Act; and
(b)
at any time during the exercise of a power conferred on him or her by this Act, if asked to do so.[Act 3 of 2023 wef 15/06/2023]
57.—(1) The powers under this section may be exercised only for the purpose of inquiring into or ascertaining —(a)
the truth or correctness of any statement made, or of any information given, by a person who applies or has applied for an incentive, a grant or a loan from the Agency; or[Act 3 of 2023 wef 15/06/2023]
(b)
whether any incentive, grant or loan from the Agency has been properly applied by the person to whom the incentive, grant or loan is given.[Act 3 of 2023 wef 15/06/2023]
(2) An authorised person may, at any reasonable time, do any of the following, without involving any search of any property or person:(a)
enter any premises;
(b)
photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises;
(c)
require any person to provide or grant access to, without charge, any document or information reasonably required for any purpose mentioned in subsection (1);
(d)
inspect and make copies of or take extracts from any such document;
(e)
take possession of such a document if, in the opinion of the authorised person —(i)
the inspection or copying of or extraction from the document cannot reasonably be performed without taking possession;
(ii)
the document may be interfered with or destroyed unless possession is taken; or
(iii)
the document may be required as evidence in any proceedings instituted or commenced for any of the purposes of, or in connection with, this Act;[Act 3 of 2023 wef 15/06/2023]
(f)
require any person to complete and deliver any return specified within the time specified in the notice. [Act 3 of 2023 wef 15/06/2023]
(3) The power to require a person to provide any document or information under subsection (2)(c) includes the power —(a)
to require the person, or any person who is or was an officer or employee of that person, to explain the document or information;
(b)
if the document or information is not provided, to require the person to state, to the best of the person’s knowledge and belief, where it is; and
(c)
if the information is recorded otherwise than in legible form, to require the information to be made available to the authorised person in legible form. [Act 3 of 2023 wef 15/06/2023]
(4) If any document is kept in electronic form, the power of an authorised person who is an employee of the Agency, a public officer or an officer of another statutory authority —(a)
to inspect and make copies of or take extracts from any document under subsection (2)(d) includes the power to —(i)
access any computer or other equipment (including a mobile telephone, thumb drive or hard disk) in which the document is stored; and
(ii)
require any person having charge of, or otherwise concerned with the operation of, the computer or other equipment to provide assistance in gaining such access; and
(b)
to take possession of the document under subsection (2)(e) includes the power to —(i)
make copies of or take extracts from the document in legible or electronic form; and
(ii)
transfer the information from the document to a thumb drive, hard disk, tape or other storage device.[Act 3 of 2023 wef 15/06/2023]
(5) The powers under this section apply in relation to any inquiry into, or ascertainment of, any matter mentioned in subsection (1)(a) or (b) that commences on or after the date of commencement of section 11 of the SkillsFuture Singapore Agency (Amendment) Act 2023, whether the incentive, grant or loan was applied for or given before, on or after that date.[Act 3 of 2023 wef 15/06/2023]
57A.—(1) An inspector may, for the purpose of investigating an offence under this Act, exercise all or any of the following powers:(a)
the powers conferred on an authorised person under section 57(2), (3) and (4) as if a reference to an authorised person in those provisions were a reference to an inspector;
(b)
the powers under subsection (2).
(2) An inspector may —(a)
require any person whom the inspector reasonably believes to have committed the offence to provide evidence of the person’s identity;
(b)
require, by written order, the attendance before the inspector of any person within the limits of Singapore who, from any information given or otherwise obtained by the inspector, appears to be acquainted with the circumstances of the case;
(c)
examine orally any person reasonably believed to be acquainted with the facts or circumstances of the case or with such other matter as the inspector may specify, and reduce to writing the answer given or statement made by that person;
(d)
without charge, search for, seize and remove any document (subject to paragraph (e) in relation to a document kept in electronic form) or thing from any premises, as the inspector may consider necessary; and
(e)
if the inspector is unable to make copies of or take extracts from any document, or transfer the information from any document, in exercise of the powers under section 57(4)(b) —(i)
seize the computer or other equipment (including a mobile telephone, thumb drive or hard disk) in which the document is stored, as evidence in proceedings for an offence mentioned in subsection (1); and
(ii)
require any person having charge of, or otherwise concerned with the operation of, the computer or other equipment to disclose any password or access code for gaining access to the document stored in the computer or other equipment.
(3) Any person examined under this section is bound to state truly what the person knows of the facts and circumstances concerning matters under this Act, except that the person need not say anything that might expose him or her to a criminal charge, penalty or forfeiture.
(4) A statement made by any person examined under this section must —(a)
be reduced to writing;
(b)
be read over to the person;
(c)
if the person does not understand English, be interpreted in a language that he or she understands; and
(d)
after correction (if necessary), be signed by the person.
(5) This section applies in relation to —(a)
any investigation into an offence under this Act that commences on or after the date of commencement of section 12 of the SkillsFuture Singapore Agency (Amendment) Act 2023, whether the offence was committed before, on or after that date; and
(b)
any investigation that commences on or after the date of commencement of section 6 of the Skills Development Levy (Amendment) Act 2023, into an offence under the repealed section 12 that was committed before that date.
(6) In subsection (5)(b), “repealed section 12” means section 12 of the Skills Development Levy Act 1979 as in force immediately before the date of commencement of section 6 of the Skills Development Levy (Amendment) Act 2023.[Act 3 of 2023 wef 15/06/2023]
Division 2 — Offences and general provisions
57B.—(1) In this section and sections 57C and 57D, “funding arrangement” means any agreement, scheme, transaction or series of transactions (whether or not legally enforceable) where the purpose, or one of the purposes, is to obtain an incentive, a grant or a loan from the Agency.
(2) For the purposes of this section and sections 57C and 57D, a funding arrangement is an abusive funding arrangement if the funding arrangement, or a transaction forming part of the funding arrangement, results or would result in a person obtaining —(a)
an incentive, a grant or a loan from the Agency that a person would otherwise not be eligible for or would not have obtained from the Agency; or
(b)
an amount of an incentive, a grant or a loan from the Agency higher than what a person would have been eligible for or would have obtained without that arrangement or transaction.
(3) For the purposes of sections 57C and 57D, the amount of wrongly obtained funding that a person obtained or would have obtained from the Agency in relation to an abusive funding arrangement —(a)
is the amount of the incentive, grant or loan that results or would result from the abusive funding arrangement, or a transaction forming part of the abusive funding arrangement; but
(b)
excludes any amount the person would have obtained without that abusive funding arrangement or transaction.[Act 3 of 2023 wef 15/06/2023]
57C.—(1) A person commits an offence if the person —(a)
enters into or facilitates a funding arrangement that is an abusive funding arrangement;
(b)
knows or has reason to believe that the funding arrangement is an abusive funding arrangement; and
(c)
intends by entering into or facilitating that abusive funding arrangement to dishonestly or fraudulently induce the Agency to give an incentive, a grant or a loan to the person, or to any other person or persons.
(2) A person who is guilty of an offence under subsection (1) shall on conviction —(a)
pay a penalty equal to the amount of wrongly obtained funding that the person obtained, or would have obtained, from the Agency as a result of the abusive funding arrangement entered into or facilitated by the person; and
(b)
be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
(3) For the purposes of subsection (2)(a), it is irrelevant whether the person convicted of the offence obtained the wrongly obtained funding from the Agency for the benefit of that person, or for the benefit of any other person or persons.
(4) The penalty mentioned in subsection (2)(a) is recoverable in accordance with section 319 of the Criminal Procedure Code 2010 (other than section 319(1)(a)) as if it were a fine.
(5) For the purposes of subsection (1)(a), a person facilitates a funding arrangement if the person is —(a)
a training provider or an employer who designs, organises or manages the funding arrangement or a transaction forming part of the funding arrangement;
(b)
either one of the following employees who participates in, or by the employee’s act or omission enables or aids, the funding arrangement or a transaction forming part of the funding arrangement:(i)
an employee of the training provider mentioned in paragraph (a);
(ii)
an employee of the employer mentioned in paragraph (a);
(c)
a person who by attending a course or programme, participates in, enables or aids the funding arrangement or a transaction forming part of the funding arrangement;
(d)
a marketing agent who publishes, disseminates or communicates any information, by any means or in any form, for the purpose of inducing or encouraging (whether directly or indirectly) any other person to enter into the funding arrangement or a transaction forming part of the funding arrangement; or
(e)
any other person who —(i)
designs, organises, manages or participates in, or by the person’s act or omission enables or aids, the funding arrangement or a transaction forming part of the funding arrangement; or
(ii)
publishes, disseminates or communicates any information, by any means or in any form, for the purpose of inducing or encouraging (whether directly or indirectly) any other person to enter into the funding arrangement or a transaction forming part of the funding arrangement.
(6) However, a person does not facilitate a funding arrangement under subsection (5) only by reason that the person in the ordinary course of business —(a)
provides services relating to, or provides connections for, the transmission or routing of data;
(b)
provides, or operates facilities for, online services or network access; or
(c)
provides a service that —(i)
enables the end-users of that service to communicate with other end-users; or
(ii)
enables the publication, dissemination or communication of information or documents by end-users of that service,
whether by means of email, by use of a mobile telephone or other device, or by use of application software or otherwise.
(7) In any proceedings for an offence under subsection (1), it is presumed, until the contrary is proved, that a person has the intention mentioned in subsection (1)(c) if the funding arrangement, or a transaction forming part of the funding arrangement, involves any step or steps (other than under subsection (6)) which is or are capable of assisting the person or any other person who enters into that funding arrangement or transaction to obtain the incentive, grant or loan.
(8) To avoid doubt, it is not a defence in any proceedings for an offence under subsection (1) that the accused did not obtain any incentive, grant or loan from the Agency.[Act 3 of 2023 wef 15/06/2023]
57D.—(1) The court before which a person (A) is convicted of an offence under section 57C(1) may, in addition to imposing the penalty and punishment under section 57C(2), order A to repay to the Agency the amount of wrongly obtained funding that A obtained from the Agency (whether for A’s benefit, or for the benefit of any other person or persons) as a result of the abusive funding arrangement entered into or facilitated by A.
(2) Where the court makes an order under subsection (1) —(a)
the court is to certify the amount of wrongly obtained funding to be repaid to the Agency; and
(b)
the Agency may recover the amount so certified in any civil court of competent jurisdiction as if the amount were a judgment debt due to the Agency.
(3) The Agency must pay the amount of wrongly obtained funding recovered under this section in the following manner:(a)
where the amount of wrongly obtained funding is in relation to an incentive, a grant or a loan out of moneys in the Skills Development Fund — the recovered amount must be paid into the Skills Development Fund;
(b)
where the amount of wrongly obtained funding is in relation to an incentive, a grant or a loan out of moneys not in the Skills Development Fund — the recovered amount must be paid into the funds of the Agency under section 44(1) excluding the Skills Development Fund (called in this subsection the general moneys of the Agency);
(c)
where the amount of wrongly obtained funding is in relation to an incentive, a grant or a loan out of a combination of moneys mentioned in paragraphs (a) and (b) — the recovered amount must be paid into the Skills Development Fund and to the general moneys of the Agency in the respective proportion that moneys were withdrawn from the Skills Development Fund and the general moneys of the Agency for that incentive, grant or loan.[Act 3 of 2023 wef 15/06/2023]
57E.—(1) A person commits an offence if —(a)
the person publishes or causes to be published, or distributes or causes to be distributed, any advertisement that is false or misleading in a material particular; and
(b)
the person knows or ought reasonably to have known that, or is reckless as to whether, the advertisement is false or misleading in a material particular.
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
(3) For the purposes of subsection (1), a person publishes, or causes to be published, an advertisement if the advertisement is made accessible to, or accessed by, persons by means of —(a)
a newspaper, magazine, journal or any other periodical;
(b)
a sound or television broadcast transmitted for reception; or
(c)
any other means of broadcasting or communication for circulation or reception.
(4) For the purposes of subsection (1), an advertisement is false or misleading in a material particular if the advertisement —(a)
falsely represents that a person is eligible for, or has been given, an incentive, a grant or a loan from the Agency in respect of a course or programme;
(b)
falsely represents that the Agency has accredited, or facilitated the accreditation by others in Singapore of, a provider of a course or programme;
(c)
falsely represents that the Agency has accredited, or facilitated the accreditation by others in Singapore of, a course or programme;
(d)
falsely represents that a provider of a course or programme, or a course or programme, is approved or endorsed by the Agency;
(e)
contains any false or misleading information concerning a provider of a course or programme who is eligible for, or has been given, an incentive, a grant or a loan from the Agency; or
(f)
concerns a course or programme in respect of which a person is eligible for, or has been given, an incentive, a grant or a loan from the Agency, and contains any false or misleading description of, or false or misleading information concerning —(i)
the curriculum, modules or subjects to be covered by that course or programme; or
(ii)
the competencies, expertise or skills to be advanced by that course or programme.
(5) In this section and section 57F —“advertisement” means any writing, still or moving picture, sign, symbol (whether 3-dimensional or 2-dimensional) or other visual image, or any audible message, or any combination of 2 or more of those things, that gives publicity to, or otherwise promotes or is intended to promote, a course or programme;
“distribute” includes —(a)
in relation to a printed advertisement — to deliver or send to one or more persons, or to leave at any premises or on any vehicle; and
(b)
in relation to an advertisement in electronic form, in the form of an audio or a visual recording, or in a combination of any of those forms — to transmit to one or more persons by use of the Internet or a mobile telephone network.[Act 3 of 2023 wef 15/06/2023]
57F.—(1) This section applies where the Agency is of the opinion that a person has published or caused to be published, or distributed or caused to be distributed, any advertisement for which an offence under section 57E(1) may have been committed (called in this section the defaulting person).
(2) The Agency may (without compensation) give a direction to the defaulting person to do all or any of the following:(a)
take all practicable steps to remove the advertisement;
(b)
modify the advertisement in the manner specified or approved by the Agency;
(c)
cease the publication or distribution of any other advertisement which is wholly or substantially the same as the advertisement mentioned in subsection (1);
(d)
publish or cause to be published, or distribute or cause to be distributed, a corrective advertisement in the manner, and containing any information, specified or approved by the Agency.
(3) Before the Agency gives a direction to the defaulting person under subsection (2), the Agency must, unless the Agency considers it not practicable or desirable to do so, give written notice to the defaulting person —(a)
stating that the Agency intends to give a direction to the defaulting person under this section; and
(b)
specifying the time within which written representations may be made to the Agency with respect to the proposed direction.
(4) The Agency may, after considering any written representation made pursuant to subsection (3)(b), decide to give or not to give, or to modify, the direction as the Agency considers appropriate.
(5) The Agency must serve on the defaulting person a notice of the Agency’s decision under subsection (4).
(6) Every defaulting person must comply with a direction given by the Agency to the defaulting person under subsection (2).
(7) A defaulting person who, without reasonable excuse, fails to comply with a direction of the Agency under subsection (2) shall be guilty of an offence and shall be liable on conviction —(a)
to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)
in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.
(8) Where the defaulting person fails to comply with a direction of the Agency under subsection (2), the Agency may —(a)
take all steps as the Agency considers reasonable and necessary to give effect to the direction; and
(b)
recover all costs and expenses reasonably incurred by the Agency in so doing from the defaulting person, as a civil debt due to the Agency.[Act 3 of 2023 wef 15/06/2023]
57G.—(1) This section applies where, on or after the appointed day —(a)
the Agency has given an incentive, a grant or a loan to any person (called in this section a funding recipient) in connection with a course or programme;
(b)
a person (called in this section a trainee) takes part in, or intends to take part in, a course or programme provided or to be provided by the funding recipient;
(c)
the course or programme —(i)
does not start on the scheduled starting day; or
(ii)
ceases to be provided at any time after it starts but before it is completed; and
(d)
the trainee has not withdrawn from the course or programme before the default day.
(2) The Agency may give a direction to a funding recipient to make either or both of the following refunds by the time specified in the direction for that refund:(a)
a refund to a trainee or any other person of the money received by the funding recipient before the default day from that trainee or other person (as the case may be) in payment for that trainee taking part in the course or programme;
(b)
a refund to the Agency of the amount of the incentive, grant or loan given by the Agency to the funding recipient in connection with each trainee taking part in the course or programme.
(3) Before the Agency gives a direction to the funding recipient under subsection (2), the Agency must, unless the Agency considers it not practicable or desirable to do so, give written notice to the funding recipient —(a)
stating that the Agency intends to give a direction to the funding recipient under this section; and
(b)
specifying the time (being at least 14 days or any other period of time that may be prescribed in substitution) within which written representations may be made to the Agency with respect to the proposed direction.
(4) The Agency may, after considering any written representation made pursuant to subsection (3)(b), decide to give or not to give, or to modify, the direction as the Agency considers appropriate.
(5) The Agency must serve on the funding recipient a notice of the Agency’s decision under subsection (4).
(6) Every funding recipient must comply with a direction given by the Agency to the funding recipient under subsection (2).
(7) Subsection (2) applies despite anything to the contrary contained in any agreement entered into on or after the appointed day between the funding recipient and the trainee concerned, or between the funding recipient and any person who paid for the course or programme on behalf of the trainee.
(8) A funding recipient who, without reasonable excuse, fails to comply with a direction under subsection (2) 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 12 months or to both.
(9) In this section —“appointed day” means the date of commencement of section 12 of the SkillsFuture Singapore Agency (Amendment) Act 2023;
“default day”, in relation to a course or programme, means —(a)
if subsection (1)(c)(i) applies — the scheduled starting day for the course or programme; or
(b)
if subsection (1)(c)(ii) applies — the day on which the course or programme ceases to be provided;
“scheduled starting day”, in relation to a course or programme, means the day on which the course or programme was scheduled to start.[Act 3 of 2023 wef 15/06/2023]
57H.—(1) A person who is given a direction by the Agency under section 57F(2) or 57G(2) and is aggrieved by the Agency’s decision to give the direction (called in this section an appellant) may appeal to the Minister against the Agency’s direction in accordance with this section.
(2) An appeal under this section must be —(a)
in writing and specify the grounds on which it is made; and
(b)
made within 14 days (or any other period of time that may be prescribed in substitution) after the date the direction appealed against is given to the appellant.
(3) The Minister may reject an appeal of an appellant who fails to comply with subsection (2).[Act 3 of 2023 wef 15/06/2023]
57I.—(1) After considering an appeal under section 57H, the Minister may —(a)
reject the appeal and confirm the Agency’s decision to give the direction; or
(b)
allow the appeal and vary or revoke the direction that is the subject of the appeal.
(2) The Minister’s decision on an appeal is final.
(3) Every appellant mentioned in section 57H(1) must be notified of the Minister’s decision under subsection (1).
(4) An appeal under section 57H does not affect the operation of the direction appealed against or prevent the taking of action to implement the direction, and unless otherwise directed by the Minister, the direction appealed against must be complied with until the determination of the appeal.[Act 3 of 2023 wef 15/06/2023]
57J.—(1) The Minister may designate any of the following office‑holders in his or her Ministry to hear and determine, in the Minister’s place, any appeal made under section 57H:(a)
the Second Minister, if any;
(b)
any Minister of State or Senior Minister of State;
(c)
any Parliamentary Secretary or Senior Parliamentary Secretary.
(2) A reference to the Minister in section 57H or 57I includes a reference to a person designated under subsection (1).[Act 3 of 2023 wef 15/06/2023]
58.—(1) A person must not —(a)
in relation to the person’s application, or in support of an application by another, for any incentive, grant or loan from the Agency, make, or authorise the making of, a statement that the person knows to be false or misleading in any material particular; [Act 3 of 2023 wef 15/06/2023]
(b)
in providing any information or any document required under section 57 or 57A, or to the Agency in connection with any function or duty of the Agency under this Act, provide any information or document that the person knows to be false or misleading in any material particular; or[Act 3 of 2023 wef 15/06/2023]
(c)
intentionally alter, suppress or destroy any document or information which the person is required to provide under section 57 or 57A.[Act 3 of 2023 wef 15/06/2023]
(2) A person who contravenes subsection (1) 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 12 months or to both.
(3) To avoid doubt, it is not a defence in any proceeding for an offence under subsection (2) for contravening subsection (1)(a) that the accused did not obtain any incentive, grant or loan from the Agency.[Act 3 of 2023 wef 15/06/2023]
(4) The court before which a person is convicted of an offence under subsection (1)(a) may, in addition to imposing the punishment under subsection (2), order the person to repay to the Agency an amount which consists of —(a)
the amount of the incentive, grant or loan that the Agency gave to the person as a result of the false or misleading statement mentioned in subsection (1)(a); but
(b)
excludes any amount that the Agency would have given the person without that false or misleading statement.[Act 3 of 2023 wef 15/06/2023]
(5) Section 57D(2) and (3) applies to an order of the court for the repayment under subsection (4), with the necessary modifications.[Act 3 of 2023 wef 15/06/2023]
59.—(1) A person must not —(a)
obstruct or hinder a member, an employee, an officer, an agent or a delegate or subdelegate of the Agency, an authorised person or an inspector, who is exercising any power or discharging any duty under this Act; or
(b)
neglect or refuse to attend before an inspector as required under section 57A, or otherwise fail to comply with a lawful demand of an inspector under section 57A.[Act 3 of 2023 wef 15/06/2023]
(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.[Act 3 of 2023 wef 15/06/2023]
60.—(1) The Chief Executive, or an employee of the Agency authorised in writing by the Agency, 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)
$2,000.
(2) On payment of the sum of money mentioned in subsection (1), 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 Consolidated Fund.
61.—(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 a member of the corporation if the affairs of the corporation are managed by its members; or
(ii)
an individual who is involved in the management of the corporation and is 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 any person purporting to act in any such capacity;
“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.
62.—(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 the 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 who is involved in the management of the unincorporated association or partnership and who is 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.
63.—(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) 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.
(3) 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 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.
(4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) may be served —(a)
by giving it to the body corporate’s secretary or other similar officer, or the limited liability partnership’s manager;
(b)
by leaving it at, or by sending it by prepaid registered post to, the body corporate’s registered office or principal office in Singapore;
(c)
by sending it by fax to the fax number used at the body corporate’s registered office or principal office in Singapore; or
(d)
by sending it by email to the body corporate’s last email address.
(5) Service of a document under subsection (1) takes effect —(a)
if the document is sent by fax and a notification of successful transmission is received, on the day of transmission;
(b)
if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; and
(c)
if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered).
(6) In this section, “document” includes a notice or an order permitted or required by this Act to be served.
(7) However, this section does not apply to documents to be served in proceedings in court.
(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;
“last email address” means —(a)
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; or
(b)
the last email address of the addressee concerned known to the person giving or serving the document;
“residential address” means an individual’s usual or last known place of residence in Singapore.
64. The Agency may, with the approval of the Minister, make regulations prescribing matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
PART 8 — TRANSFER OF UNDERTAKINGS TO AGENCY
65. In this Part, unless the context otherwise requires —“asset”, in relation to a transferor, means property of any kind (whether tangible or intangible, whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether actual or contingent) of the transferor on the eve of the transfer date and includes, without limitation, any —(a)
legal or equitable interest in real or personal property, whether situated in Singapore or elsewhere;
(b)
chose in action;
(c)
money or securities;
(d)
plant and equipment, whether situated in Singapore or elsewhere;
(e)
intellectual property;
(f)
infrastructure, whether situated in Singapore or elsewhere;
(g)
records; and
(h)
right;
“Council for Private Education” or “CPE” means the Council for Private Education established under section 3 of the Private Education Act 2009 as in force before 4 October 2016;
“liability”, in relation to a transferor, means any liability, duty or obligation (whether actual or contingent, liquidated or unliquidated, and whether owed alone or jointly or jointly and severally with any other person) of the transferor on the eve of the transfer date;
“private education function” means any function of the Council for Private Education under the Private Education Act 2009 as in force before 4 October 2016;
“records”, in relation to a transferor, means registers, papers, documents, minutes, receipts, books of account and other record, however compiled, recorded or stored, of that transferor existing on the eve of the transfer date;
“right”, in relation to a transferor, means any right, power, privilege or immunity of the transferor on the eve of the transfer date;
“transferor” means —(a)
the Council for Private Education; or
(b)
the Singapore Workforce Development Agency;
“transferring SWDA employee” means an employee of the Singapore Workforce Development Agency who, on the eve of the transfer date, is in any of the following departments of that Agency:(a)
the Institute of Adult Learning;
(b)
the Skills Development Group;
(c)
the Training Partners Group;
(d)
the Business Technology Group;
(e)
the Corporate Group (SkillsFuture);
(f)
the Integrated Business Services Division;
(g)
the Shared Services Management Division.
66.—(1) On the transfer date, the following assets and liabilities are transferred to the Agency: (a)
all assets and liabilities of the Council for Private Education;
(b)
those assets and liabilities of the Singapore Workforce Development Agency that relate solely or mainly to the functions of the following departments of that Agency:(i)
the Institute of Adult Learning;
(ii)
the Skills Development Group;
(iii)
the Training Partners Group;
(iv)
the Business Technology Group;
(v)
the Corporate Group (SkillsFuture);
(vi)
the Integrated Business Services Division;
(vii)
the Shared Services Management Division.
(2) When any assets or liabilities are transferred under subsection (1), the following provisions have effect:(a)
the assets of the transferor that are the subject of the transfer vest in the Agency by virtue of this section and without the need for any further conveyance, transfer, assignment or assurance;
(b)
the liabilities of the transferor that are the subject of the transfer become by virtue of this section the liabilities of the Agency;
(c)
all legal or other proceedings relating to those assets or liabilities that are started before the transfer date by or against the transferor or a predecessor of the transferor and pending immediately before that date are taken to be proceedings pending by or against the Agency;
(d)
any legal or other proceedings relating to those assets or liabilities which could have been started immediately before the transfer date by or against the transferor or a predecessor of the transferor may be started by or against the Agency;
(e)
a judgment or order of a court or other tribunal obtained before the transfer date by or against the transferor or a predecessor of the transferor relating to those assets or liabilities may be enforced by or against the Agency;
(f)
any document relating to legal or other proceedings relating to those assets or liabilities that has been served on or by a transferor or a predecessor of the transferor before the transfer date is taken, where appropriate, to have been served on or by the Agency;
(g)
any act, matter or thing done or omitted to be done before the transfer date in relation to those assets or liabilities by, to or in respect of the transferor or a predecessor of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Agency;
(h)
a reference in any written law, in any instrument made under any Act, in any contract, agreement, arrangement or undertaking, or in any document of any kind to the transferor or a predecessor of the transferor, to the extent to which the reference relates to those assets or liabilities, is taken to be, or include, a reference to the Agency.
(3) The operation of this section does not —(a)
constitute a breach of, or default under, any Act or other law or otherwise a civil wrong or criminal wrong;
(b)
constitute a breach of duty of confidence (whether arising by contract, in equity, by custom, or in any other way);
(c)
constitute a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities or the disclosure of any information;
(d)
terminate an agreement or fulfil any condition that allows a person to terminate any agreement or obligation, or gives rise to any right or remedy in respect of any agreement or obligation;
(e)
cause any contract or instrument to be void or otherwise unenforceable;
(f)
frustrate any contract or releasing any surety or other obligor wholly or in part from any obligation;
(g)
release a surety or other obligee wholly or in part from an obligation; or
(h)
constitute an event of breach of, or default under, any contract or other instrument.
(4) No attornment to the Agency by a lessee from a transferor is required.
67.—(1) On the transfer date, every transferring SWDA employee —(a)
stops being an employee of the Singapore Workforce Development Agency; and
(b)
is each transferred to the service, and becomes an employee, of the Agency on terms no less favourable than those enjoyed by the employee on the eve of the transfer date.
(2) The transfer of a transferring SWDA employee to the Agency —(a)
does not interrupt continuity of service;
(b)
does not constitute a retrenchment or redundancy; and
(c)
does not entitle any employee so transferred to any payment or other benefit merely because he or she stops being employed by the Singapore Workforce Development Agency.
(3) A certificate purporting to be signed by the Minister certifying that an individual named in the certificate was, with effect from the transfer date, employed by virtue of this section by the Agency, is admissible in evidence in any proceedings as evidence of the matters stated in it.
(4) Nothing in this section prevents —(a)
any of the terms and conditions of employment of an individual transferred under this section from being altered by or under any law, award or agreement with effect from any time after the transfer date; and
(b)
an individual transferred under this section from resigning from the Agency at any time after the transfer date, in accordance with the terms and conditions of his or her employment then applicable.
(5) To avoid doubt, section 18A of the Employment Act 1968 does not apply to the transfer under this Part of any SWDA employee to the Agency.
(6) On the transfer date, every public officer whose services are made available (or is seconded) to the Council of Private Education under an agreement or arrangement that —(a)
is between the Government and the Council for Private Education; and
(b)
is in force on the eve of the transfer date,
continues on secondment to the Agency.
68.—(1) The service with the Agency of an SWDA employee transferred under section 67 (called in this section a transferred employee) must be regarded for all purposes as having been continuous with the service of the employee with the Singapore Workforce Development Agency immediately before the transfer date.
(2) On the transfer date —(a)
a transferred employee retains all accrued rights as if employment with the Agency were a continuation of employment with the Singapore Workforce Development Agency;
(b)
the liabilities of the Singapore Workforce Development Agency relating to the transferred employee’s accrued rights to annual, sick, maternity or other leave and superannuation become the liabilities of the Agency; and
(c)
a reference to the Singapore Workforce Development Agency in the contract of employment that had effect in relation to the transferred employee immediately before the transfer date is taken to be, or includes, a reference to the Agency.
(3) For any conduct while a transferred employee was employed by the Singapore Workforce Development Agency which would have rendered the employee liable to be reprimanded, reduced in rank, retired, dismissed or punished by the Singapore Workforce Development Agency, the Agency may —(a)
carry on and complete any disciplinary proceedings started by the Singapore Workforce Development Agency against the transferred employee if those proceedings are pending on the eve of the transfer date; and
(b)
reprimand, reduce in rank, retire, dismiss or otherwise punish a transferred employee, as if the employee were not transferred.
(4) Where, on the eve of the transfer date, any matter about the conduct of a transferred employee while employed by the Singapore Workforce Development Agency —(a)
was in the course of being heard or investigated by a transferor’s committee acting under due authority; or
(b)
had been heard or investigated by a committee of the Singapore Workforce Development Agency acting under due authority but no order, ruling or direction had been made,
that committee must complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that date, and that order, ruling or direction is to be regarded as an order, ruling or direction of the Agency.
(5) Until such time as conditions of employment are drawn up by the Agency for the transferred employees, every transferred employee is to be regarded as being employed by the Agency on the same conditions of employment applicable to the employee on the eve of the transfer date as the Singapore Workforce Development Agency.
(6) Any condition of employment relating to the length of service with the Agency must recognise the length of service of the employees so transferred while employed by the Singapore Workforce Development Agency (including any previous service of the employee taken to be service with the Singapore Workforce Development Agency) to be service with the Agency.
(7) Neither the chief executive of the CPE nor the chief executive of the SWDA is by operation of this Part transferred to the position of Chief Executive of the Agency unless the Agency appoints him or her to that position under section 38.
(8) Nothing in section 67(6) —(a)
breaks the continuity of service of the public officer whose secondment continues with the Agency because of that provision; or
(b)
affects any rights, powers or immunities that such a public officer has, or the extent to which such a public officer is subject to obligations or liabilities in relation to discipline, by virtue of holding the office or position to which the officer is seconded.
69. From the transfer date, the following records become the records of the Agency:(a)
all records of the Council for Private Education;
(b)
every record, or part of any record, of the Singapore Workforce Development Agency that relates to —(i)
any assets or liabilities transferred to the Agency under section 66; or
(ii)
any transferring SWDA employee.
70.—(1) If any dispute arises —(a)
as to whether an asset or a liability, or an employee or a record is transferred under section 66, 67 or 69; or
(b)
as to whether any, or any part of any, contract or document relates to an asset or a liability, or an employee or a record, transferred under section 66, 67 or 69,
the Minister for Finance may determine the matter and is to provide the concerned parties with written notice of that determination.
(2) The determination of the Minister for Finance under subsection (1) is final and binding on the transferor concerned and the Agency.
Cite this legislation
- Official citation
- SSAA2016
- Source
- sso.agc.gov.sg
- Data synced
SkillsFuture Singapore Agency Act 2016 (sso.agc.gov.sg). Retrieved via LawPlayer, https://lawplayer.com/sg/act/SSAA2016
This text is synced from sso.agc.gov.sg. In case of any discrepancy, the official version prevails.
Cited in 2 judgments
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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