Chief Executive
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]
Officers and employees
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]
Delegates, subdelegates and authorised persons deemed to be public servants
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]
Preservation of secrecy
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]
Protection from personal liability
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]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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