Obstructing officer of Board, etc.
35. Any person who refuses to give access to, or obstructs, hinders or delays —(a)
the Board or any of its members, officers or employees (including the Controller and any authorised officer mentioned in section 35A); [Act 28 of 2022 wef 01/04/2023]
(b)
an inspecting officer; or[Act 28 of 2022 wef 01/04/2023]
(c)
an authorised person mentioned in section 32A(3),
in the discharge of the duties of, or the exercise of the powers of, the Board or any of those individuals under this Act or any regulations made under this Act 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.
[20
[7/2014]
[Act 28 of 2022 wef 01/04/2023]
Power to obtain information
35A.—(1) The Board or any officer authorised for purposes of this section (called in this section an authorised officer) may by written notice require any person (whether within or outside Singapore) to provide within a reasonable period specified in the notice, all information and documents (including information and documents comprising or containing personal data of any individual in or intending to visit Singapore) that are within the knowledge of that person or in that person’s custody or under that person’s control, relating to any matter reasonably required by the Board to carry out the functions or duties assigned to the Board by or under this Act.
(2) The power to require a person to provide any information or document under subsection (1) includes the power —(a)
to require that person, or any person who is or was an officer or employee of the person, to provide an explanation of the information or document;
(b)
if the information or document is not provided, to require that 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 Board or an authorised officer in legible form.
(3) Any person who, without reasonable excuse, fails to comply with a written notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.
(4) The Board is entitled without payment to keep any information or document, or any copy or extract thereof, provided to the Board or an authorised officer under subsection (1) or obtained under subsection (2).[Act 28 of 2022 wef 01/01/2023]
Preservation of secrecy
35B.—(1) No information or document provided for the purposes of this Act or any regulations made under this Act is to be disclosed, except —(a)
with the consent of the person from whom the information was obtained;
(b)
to the extent that the information or document is already in the public domain;
(c)
in connection with the administration or enforcement of this Act or any regulations made under this Act;
(d)
to the Minister, or any public officer assisting the Minister and duly authorised by the Minister for the purposes of this subsection, as may be necessary for the performance of the Minister’s official duties in connection with —(i)
this Act; or
(ii)
the advancement or development of tourism and the regulation of tourism enterprises;
(e)
for the purposes of any legal proceedings (including criminal proceedings) arising out of this Act or any regulations made under this Act or of any report of such proceedings; or
(f)
under and in accordance with any other written law.
(2) Any Board member, officer or employee or any person employed or engaged in the administration or enforcement of this Act or any regulations made under this Act, who discloses to any other person any information or document provided for the purposes of this Act or any regulations made under this Act in contravention of subsection (1), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 6 months or to both.
(3) If —(a)
any person (X) has possession of any information or document which to the person’s knowledge has been disclosed in contravention of this section; and
(b)
X discloses that information or document to any other person,
then X shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 6 months or to both.
[Act 28 of 2022 wef 01/01/2023]
False or misleading information, etc.
36.—(1) A person is guilty of an offence if —(a)
the person is required to make any statement or provide any information or document under this Act or any regulations made under this Act; and
(b)
the person —(i)
makes any statement or provides any information or document which is false or misleading (including as a result of any omission) in a material particular, and which the person —(A)
knows or ought reasonably to know to be so; or
(B)
is reckless as to whether it is so; or
(ii)
intentionally alters, suppresses or destroys the information or document.
(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.[Act 28 of 2022 wef 01/04/2023]
Exclusion of liability for act or default of cruise terminal licensee
36A. Despite the grant of any cruise terminal licence under Part 3AA, neither the Board nor the Controller shall be liable in any circumstances for any injury, loss, damage or cost sustained by any person as a result of any default, negligence, breach or other wrongful act or omission of any cruise terminal licensee or any agent or employee of the cruise terminal licensee.[Act 28 of 2022 wef 01/04/2023]
Presumption of jurisdiction
36B. If, in any legal proceedings under Part 3AA or any regulations made for the purposes of that Part, a question arises as to whether or not any ship or person is within the provisions of this Act or any regulations made under this Act or some part of this Act or any regulations made under this Act, the ship or person is taken to be within those provisions unless the contrary is proved.[Act 28 of 2022 wef 01/04/2023]
Protection from personal liability
37.—(1) No liability shall lie personally against any member, officer or employee of the Board, any committee member or any other person acting under the direction of the Board, or any inspecting officer, who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act or any other written law.[7/2014]
(2) Where the Board provides a service to the public whereby information is supplied to the public under any written law, neither any of its members, officers or employees nor any committee member or inspecting officer involved in the supply of that information shall be liable for any loss or damage suffered by any member of the public by reason of any error or omission of whatever nature appearing therein or however caused if the member, officer, employee, committee member or inspecting officer had acted in good faith, with reasonable care and in the ordinary course of the discharge of his or her duties.[22
[7/2014]
Conduct of legal proceedings
38. Proceedings in respect of any offence under the provisions of this Act or any regulations made under this Act may, with the authorisation of the Public Prosecutor, be conducted by any officer of the Board or any other person authorised in writing in that behalf by the Chief Executive.[23
[15/2010]
Jurisdiction of courts
38A. A Magistrate’s Court or a District Court has jurisdiction to hear and determine all offences under this Act or any regulations made under this Act and, despite anything to the contrary in the Criminal Procedure Code 2010, has power to impose the full penalty or punishment in respect of any offence under this Act or any regulations made under this Act.[Act 28 of 2022 wef 01/04/2023]
Use of Merlion symbol
39. Any person who, without the permission of the Board, uses the Merlion symbol, a representation of which is set out in Part 1 of the Schedule, or a symbol or representation so nearly resembling the Merlion symbol as to cause confusion in relation to it, 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 6 months or to both.[24
Board’s symbol
40.—(1) The Board has the exclusive right to the use of the Board’s symbol, a representation of which is set out in Part 2 of the Schedule.
(2) Any person who, without the permission of the Board, uses the Board’s symbol, or a symbol or representation so nearly resembling the Board’s symbol as to cause confusion in relation to it, 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 6 months or to both.[25
Composition of offences
41.—(1) Subject to subsection (1A), the Chief Executive or any officer of the Board authorised by him or her may, in his or her discretion, compound any offence under this Act or any regulations made under this Act which 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.[7/2014]
[Act 28 of 2022 wef 01/04/2023]
(1A) The Controller may compound any offence under Part 3AA or any regulations made for that Part, which is prescribed as a compoundable offence, by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $5,000.[Act 28 of 2022 wef 01/04/2023]
(2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.[7/2014]
(3) All sums collected under this section must be paid into the Consolidated Fund.[25A
[7/2014]
Recovery of financial penalties
42.—(1) Any person who fails to pay a financial penalty by the date the person is required to do so under this Act is liable to pay, after that date, interest on the amount unpaid at the same rate as for a judgment debt.[7/2014]
(2) Any financial penalty and any interest on any financial penalty payable by any person under this Act is recoverable by the Board from that person as a debt due to the Board.[Act 28 of 2022 wef 01/04/2023]
(3) The Board may, in any case it thinks fit, waive, remit or refund, wholly or in part, any financial penalty or any interest thereon payable under this Act.[7/2014]
(4) The Board must pay into the Consolidated Fund all financial penalties and interest thereon collected by the Board under this Act.[7/2014]
(5) In this section, “tourist guide licence” has the meaning given by section 20(1).[25B
[7/2014]
Appeal to Minister
42A.—(1) Any person aggrieved by a decision mentioned in subsection (2) may appeal to the Minister within 14 days after notice of the decision is served on the person or such extended period as the Minister may allow in any particular case.
(2) A decision for the purpose of subsection (1) is any of the following:(a)
a decision by the Board under Part 3A —(i)
refusing to grant or renew a licence under section 23(4)(b);
(ii)
modifying any condition of or imposing any new condition on a licence;
(iii)
altering under section 24(4) the description or classification of the person as a tourist guide in a manner that is to the person’s disadvantage;
(iv)
issuing a direction under section 26A(1) or 28(2), or varying such direction under section 26B(4) or (5) or 28(5E);
(v)
suspending or revoking the person’s licence under section 28(1);
(vi)
requiring the person to pay a financial penalty, including the amount of the financial penalty, under section 28(2); or
(vii)
debarring the person from applying for or for a renewal of a licence under section 28(2);
(b)
a decision by the Controller under Part 3AA —(i)
refusing to grant or renew a cruise terminal licence under section 29B(3);
(ii)
refusing to amend a cruise terminal licence under section 29B(7);
(iii)
refusing to allow a transfer or assignment of benefit of a cruise terminal licence under section 29F;
(iv)
issuing a direction under section 29G(1) or 29K(1), or varying such direction under section 29G(13) or 29L(4) or (5);
(v)
requiring the person to pay a financial penalty, including the amount of the financial penalty, under section 29G(1);
(vi)
debarring the person from applying for or for a renewal of a cruise terminal licence under section 29G(1);
(vii)
suspending or revoking the person’s cruise terminal licence under section 29G(1);
(viii)
modifying any condition of or imposing any new condition on a cruise terminal licence, and the amount of any compensation to be provided, under section 29J;
(ix)
regarding the use of any security deposit under section 29N(2);
(x)
refusing to approve any charges for the provision of any cruise port services and facilities at a cruise terminal pursuant to regulations made under section 29O;
(xi)
requiring the person as a cruise terminal licensee to impose on and collect, or not to impose on and collect, any charge or security deposit or late interest under section 29P; or
(xii)
refusing to grant an approval under section 29R or 29S.
(3) An appeal against a decision under subsection (1) does not affect the operation of the decision or prevent the taking of any action to implement the decision unless otherwise provided in this Act or directed by the Minister in any particular case.
(4) Any person who makes an appeal to the Minister under subsection (1) must, within the period specified in that subsection —(a)
state the circumstances under which the appeal arises and the issues and grounds for the appeal; and
(b)
submit all relevant facts, evidence and arguments in respect of the appeal.
(5) Where an appeal has been made to the Minister under subsection (1) —(a)
the Minister may require the appellant, the Board or the Controller (as the case may be) or any person who is not a party to the appeal but appears to the Minister to have any information or document that is relevant to the circumstances under which the appeal arises, to provide the Minister with all or any such information or document as the Minister may require for the purpose of considering and determining the appeal; and
(b)
any person so required to provide the information or document must provide it in the manner and within the period specified by the Minister.
(6) The Minister may reject an appeal of an appellant that fails to comply with subsection (4) or any requirement of the Minister under subsection (5).
(7) The Minister may determine an appeal from any decision of the Board or Controller under subsection (2) by —(a)
confirming, varying or reversing the decision; or
(b)
requiring the Board or Controller (as the case may be) to reconsider the decision,
and the decision of the Minister is final.
(8) Every appellant must be notified of the Minister’s decision under subsection (7).
(9) 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 this section:(a)
the Second Minister, if any;
(b)
any Minister of State;
(c)
any Parliamentary Secretary.
(10) In this section (except subsection (9)), a reference to the Minister in relation to an appeal includes a reference to any officer-holder designated under subsection (9) to hear and determine the appeal.[Act 28 of 2022 wef 01/04/2023]
Offences by corporations
42B.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —(a)
an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and
(b)
the officer, employee or agent had that state of mind,
is evidence that the corporation had that state of mind.
(2) Where a corporation commits an offence under this Act, a person —(a)
who is —(i)
an officer of the corporation; or
(ii)
an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and
(b)
who —(i)
consented or connived, or conspired with others, to effect the commission of the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or
(iii)
knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,
shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly.
(3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear.
(4) To avoid doubt, this section does not affect the application of —(a)
Chapters 5 and 5A of the Penal Code 1871; or
(b)
the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.
(5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence.
(6) In this section —“corporation” includes a limited liability partnership;
“officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes —(a)
any person purporting to act in any such capacity; and
(b)
for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation;
“reasonable steps”, in relation to the commission of an offence, includes, but is not limited to, such action (if any) of the following kinds as is reasonable in all the circumstances:(a)
action towards —(i)
assessing the corporation’s compliance with the provision creating the offence; and
(ii)
ensuring that the corporation arranged regular professional assessments of its compliance with the provision;
(b)
action towards ensuring that the corporation’s employees, agents and contractors are provided with information, training, instruction and supervision appropriate to them to enable them to comply with the provision creating the offence so far as the provision is relevant to them;
(c)
action towards ensuring that —(i)
the equipment and other resources; and
(ii)
the structures, work systems and other processes,
relevant to compliance with the provision creating the offence are appropriate in all the circumstances;
(d)
action towards creating and maintaining a corporate culture that does not direct, encourage, tolerate or lead to non-compliance with the provision creating the offence;
“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.
(7) The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any corporation formed or recognised under the law of a territory outside Singapore.[Act 28 of 2022 wef 01/04/2023]
Offences by unincorporated associations or partnerships
42C.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —(a)
an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and
(b)
the employee or agent had that state of mind,
is evidence that the unincorporated association or partnership had that state of mind.
(2) Where an unincorporated association or a partnership commits an offence under this Act, a person —(a)
who is —(i)
an officer of the unincorporated association or a member of its governing body;
(ii)
a partner in the partnership; or
(iii)
an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and
(b)
who —(i)
consented or connived, or conspired with others, to effect the commission of the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or
(iii)
knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,
shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly.
(3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear.
(4) To avoid doubt, this section does not affect the application of —(a)
Chapters 5 and 5A of the Penal Code 1871; or
(b)
the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.
(5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence.
(6) In this section —“officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes —(a)
any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and
(b)
any person purporting to act in any such capacity;
“reasonable steps” has the meaning given by section 42B(6) except any reference to the corporation is a reference to the unincorporated association or partnership mentioned in subsection (2);
“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.
(7) The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any unincorporated association or partnership formed or recognised under the law of a territory outside Singapore.[Act 28 of 2022 wef 01/04/2023]
General exemption
43. The Board may, with the approval of the Minister, by order in the Gazette, exempt any person or class of persons from all or any of the provisions of this Act or any regulations made under this Act, subject to such conditions or restrictions as may be specified in the order.[25C
[7/2014]
Service of documents
44.—(1) Subject to subsection (3), any notice or document required or authorised to be served under this Act or any regulations made under this Act may be served —(a)
in the case of an individual —(i)
by delivering it to the individual personally;
(ii)
by leaving it with an adult person apparently resident at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of residence;
(iii)
by leaving it with an adult person apparently employed at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of business;
(iv)
by affixing a copy of the notice in a conspicuous place at the usual or last known address of the individual’s place of residence or business;
(v)
by sending it by fax to the fax number used at the usual or last known address of the individual’s place of residence or business, or the last fax number given to the Board by the individual as the fax number for the service of documents on the individual; or
(vi)
by electronic communication, by sending an electronic communication of the document to the last email address given to the Board by the individual as the email address for the service of documents on the individual;
(b)
in the case of a partnership other than a limited liability partnership —(i)
by delivering it to any one of the partners or the secretary or other like officer of the partnership;
(ii)
by leaving it at, or by sending it by prepaid registered post to, the principal or last known place of business of the partnership in Singapore;
(iii)
by sending it by fax to the fax number used at the principal or last known place of business of the partnership in Singapore; or
(iv)
by electronic communication, by sending an electronic communication of the document to the last email address given to the Board by the partnership as the email address for the service of documents on the partnership; and
(c)
in the case of a limited liability partnership or other body corporate, or an unincorporated association —(i)
by delivering it to the secretary or other like officer of the body corporate or unincorporated association or, in the case of a limited liability partnership, the manager thereof;
(ii)
by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office of the limited liability partnership, body corporate or unincorporated association in Singapore;
(iii)
by sending it by fax to the fax number used at the registered office or principal office of the limited liability partnership, body corporate or unincorporated association in Singapore; or
(iv)
by electronic communication, by sending an electronic communication of the document to the last email address given to the Board by the limited liability partnership, body corporate or unincorporated association as the email address for the service of documents on the limited liability partnership, body corporate or unincorporated association.[7/2014]
(2) Where any notice or other document required or authorised to be served under this Act or any regulations made under this Act —(a)
is sent by fax to a fax number in accordance with subsection (1) — it is deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending fax machine of a notification (by electronic or other means) of a successful transmission to the fax number;
(b)
is sent by electronic communication to an email address in accordance with subsection (1) — it is deemed to have been duly served on the person to whom it is addressed at the time of entering the information system addressed to the email address; and
(c)
is sent by prepaid registered post in accordance with subsection (1) — it is deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, whether or not it is returned undelivered.[7/2014]
(3) Service of any notice or document under this Act or any regulations made under this Act on a person by electronic communication may be effected only if the person gives as part of the person’s address for service an email address.[7/2014]
(4) This section does not apply to notices and documents to be served in proceedings in court.[25D
[7/2014]
Regulations
45.—(1) The Board may, with the prior approval of the Minister, make regulations generally for carrying out the provisions of this Act.
(2) Without limiting subsection (1), the regulations may provide for —(a)
the convening of meetings of the Board and the procedure to be followed at the meetings;
(b)
the appointment or establishment of committees of the members of the Board, and the co‑opting of persons other than members of the Board to those committees;
(c)
the manner in which documents, cheques and instruments of any description are to be signed or executed on behalf of the Board;
(d)
the fees and charges to be paid for any matter or thing to be done for the purposes of this Act or any regulations made under this Act, the interest payable upon any unpaid fee or charge, and the waiver, refund or remission, whether wholly or in part, of such fees, charges and interest;
(e)
the requirements, relating to tourist guides, to be complied with by the owner, operator or driver of any motor vehicle or class of motor vehicles conveying tourists into Singapore or to a place or point of interest in Singapore; [Act 28 of 2022 wef 01/04/2023]
(ea)
the requirements to be complied with by persons involved in the provision of cruise port services and facilities, or in activities or events carried out at cruise terminals;[Act 28 of 2022 wef 01/04/2023]
(eb)
the procedure for any appeal to the Minister; and[Act 28 of 2022 wef 01/04/2023]
(f)
matters required or permitted to be prescribed by this Act or which are necessary or expedient to give effect to this Act.[7/2014]
(3) Regulations made under this section —(a)
may prescribe that any act or omission in contravention of any regulation shall be an offence;
(b)
may provide for the imposition of penalties for such offences as follows:(i)
in the case of an offence for the contravention of any regulation made for the purposes of Part 3AA, a fine not exceeding $100,000 or imprisonment for a term not exceeding 6 months or both and, in the case of a continuing offence, a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction;
(ii)
in any other case, a fine of $5,000; and[Act 28 of 2022 wef 01/04/2023]
(c)
in the case of any licence granted under this Act, may provide that in addition to such fine, the penalty may extend to the cancellation or suspension of the licence.[7/2014]
(4) In this section, “tourist” and “tourist guide” have the meanings given by section 20.[7/2014]
(5) All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette.[26
Winding up
46. The Board or the Fund must not be wound up except by or under the authority of an Act.[27
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
