Division 1 — Preliminary matters, appointments and powers
Meaning of “incentive”, “grant” and “loan” from Agency
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]
Appointment of authorised persons and inspectors
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]
Powers to verify information collected or for grants, etc.
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]
Powers of inspectors
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
Abusive funding arrangement
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]
Entering into or facilitation of abusive funding arrangement
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]
Recovery by Agency of wrongly obtained funding
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]
False or misleading advertisements
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]
Remedial measures for false or misleading advertisements
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]
Refund by funding recipient for cancelled course or programme, etc.
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]
Appeal to Minister against directions under sections 57F and 57G
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]
Decision of Minister on appeal
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]
Designate may hear appeal in place of Minister
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]
False or misleading information, statement or document, etc.
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]
Penalty for obstructing member, employee, etc.
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]
Composition of offences
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.
Offences by corporations
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.
Offences by unincorporated associations or partnerships
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.
Service of documents
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.
Regulations
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.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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