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Traditional Chinese Medicine Practitioners Act 2000 PART 5 — MISCELLANEOUS

s 27–s 37 · 13 sections

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Examinations Committee

s 27

27.—(1) The Board may appoint a committee, called the Examinations Committee, which consists of any number of members that the Board may determine. (2) The functions of the Examinations Committee are —(a) to determine the standard and content of qualifying examinations for the purpose of registration under section 14; (b) to organise and conduct the examinations; and (c) to issue certificates to persons who have passed the examinations.

Investigators

s 28

28. The Board may, in writing, appoint a member or an employee of the Board, a public officer or any other person as an investigator, subject to any conditions and limitations that the Board may specify.[8/2019]

Powers for enforcement purposes

s 29

29.—(1) This section provides for the enforcement powers which an investigator may exercise for any of the following purposes:(a) investigating into an offence under this Act or its subsidiary legislation; (b) investigating into any complaint or information under Part 4A; (c) determining whether any information provided to the Board under this Act or its subsidiary legislation is correct.[8/2019] (2) Subject to subsection (4), the following are the enforcement powers that an investigator may exercise in relation to a place for a purpose in subsection (1):(a) to enter the place; (b) to search the place and any thing in or on the place; (c) to examine or observe any activity conducted in or on the place; (d) to inspect and examine any thing in or on the place; (e) to make any still or moving image or any recording of the place or any thing in or on the place; (f) to inspect any document or record in the place and to take extracts from, or make copies of, any such document or record; (g) to take into or onto the place any equipment and materials that the investigator requires for the purpose of exercising enforcement powers in relation to the place; (h) to operate electronic equipment in or on the place; (i) to secure a thing for a period not exceeding 24 hours if the thing is found in or on the place during the exercise of enforcement powers and the investigator believes on reasonable grounds that —(i) the thing is evidential material, or is intended to be used for the purpose of contravening any provision of this Act or its subsidiary legislation or any condition of the registration of any registered person; and (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; (j) to seize any document, record or thing which is found in or on the place during the exercise of enforcement powers that the investigator reasonably suspects is evidential material; (k) to require any person found in or on the place to answer any question (to the best of that person’s knowledge, information and belief) and to provide any document, record or information.[8/2019] (3) In addition, an investigator may —(a) for any purpose in subsection (1), require any person in Singapore whom the investigator has reason to believe to be acquainted with any facts or circumstances relevant to that purpose to attend before the investigator to answer any question (to the best of that person’s knowledge, information and belief) and to provide any document, record or information; or (b) for the purpose in subsection (1)(b), invite the registered person, within the period specified in the written notice mentioned in section 26F(1) (which must be at least 21 days starting on the date of the notice), to give to the investigator any written explanation the registered person wishes to provide.[8/2019] (4) However, an investigator is not authorised by this section —(a) to enter a place; (b) to search a place or any thing in or on a place; or (c) to seize any thing in or on a place, for the purpose mentioned in subsection (1)(b) unless — (d) the occupier of the place consents to the entry, search or seizure, as the case may be; (e) the investigator believes on reasonable grounds that there is an imminent or immediate danger of serious bodily injury or death to any individual who is receiving or is about to receive any treatment at the place; or (f) the entry, search or seizure (as the case may be) is made under a warrant of a court.[8/2019] (5) The power under subsection (2)(h) to operate electronic equipment in or on any place includes the power —(a) to use a disc, tape or other storage device that is in or on the place and can be used with the equipment or in association with the equipment; (b) to operate electronic equipment in or on the place to put the relevant data in documentary form and remove the documents so produced from the place; and (c) to operate electronic equipment in or on the place to transfer the relevant data to a disc, tape or other storage device that —(i) is brought to the place for the exercise of the power; or (ii) is in or on the place and the use of which for that purpose has been agreed in writing by the occupier of the place, and to remove the disc, tape or other storage device from that place. [8/2019] (6) The power under subsection (2)(i) to secure any thing which is found during the exercise of enforcement powers in or on any place includes the power —(a) to secure the thing by locking it up, placing a guard or any other means; or (b) to prohibit any person from dealing with the thing.[8/2019] (7) The power under subsection (2)(j) to seize any document, record or thing under warrant includes the power to seize any document, record or thing which is similarly so found that is not evidential material of the kind specified in the warrant if —(a) in the course of searching for the kind of evidential material specified in the warrant, the investigator finds the document, record or thing; and (b) the document, record or thing is evidential material for another offence under this Act or its subsidiary legislation.[8/2019] (8) However, a person is not subject to a requirement under subsection (2)(k) or (3)(a) if the person —(a) does not possess the document, record or information required; or (b) has taken all reasonable steps available to the person to obtain the document, record or information required and has been unable to obtain it.[8/2019] (9) A statement made by a person in answer to a question under subsection (2)(k) or (3)(a) 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 the person understands; and (d) after correction (if necessary), be signed by the person.[8/2019] (10) An investigator may be assisted by other individuals in exercising enforcement powers under this section if that assistance is necessary and reasonable.[8/2019] (11) In this section, “place” means any premises which are used, or in respect of which there are reasonable grounds to believe are being or have been used, by any person —(a) to carry out any prescribed practice of traditional Chinese medicine; or (b) to keep any document, record or thing used in connection with the carrying out of any prescribed practice of traditional Chinese medicine.[8/2019]

False information and obstruction of performance of official duties

s 30

30.—(1) If —(a) a person provides a document or record or gives information (whether orally or in writing) to an investigator; (b) the document or record is provided, or the statement is made or the information is given, for or in connection with any purpose under this Act or its subsidiary legislation; (c) the document, record, statement or information is false or misleading, or the statement or information omits any matter or thing without which the statement or information (as the case may be) is misleading; and (d) the person knows, or ought reasonably to know, that the document or record is false or misleading, or that the statement or information is as described in paragraph (c), the person 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. [8/2019] (2) Subsection (1) does not apply if the document, record, statement or information is not false or misleading in a material particular, or if the statement or information does not omit any matter or thing without which the statement or information (as the case may be) is misleading in a material particular.[8/2019] (3) A person who knowingly obstructs or prevents, or attempts to obstruct or prevent, an investigator in the discharge of the investigator’s powers or duties under this Act or its subsidiary legislation 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.[8/2019] (4) A person —(a) who intentionally alters, suppresses or destroys any document, record or information which the person has been required by or under section 29(2)(k) or (3)(a) to provide; or (b) who, in providing any document, record or information required by or under section 29(2)(k) or (3)(a), makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular, 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. [8/2019] (5) A person who, without reasonable excuse, fails to do anything required of the person under section 29(2)(k) or (3)(a) 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. (6) To avoid doubt, for the purposes of subsection (5), it is a reasonable excuse for a person to refuse or fail to produce any document or record, provide any information or answer any question if doing so might tend to incriminate that person.[8/2019]

Disposal and forfeiture of seized documents, records and things

s 30A

30A.—(1) Any document, record or thing seized under section 29(2)(j) must —(a) where the document, record or thing is produced in any criminal trial, be dealt with in accordance with section 364 of the Criminal Procedure Code 2010; (b) where the owner of the document, record or thing consents to its disposal, be deemed to be forfeited; or (c) in any other case —(i) be returned to the owner; or (ii) be reported to a Magistrate’s Court.[8/2019] (2) Where the seizure of any document, record or thing under section 29(2)(j) is reported to a Magistrate’s Court under subsection (1)(c)(ii), the Magistrate’s Court may order the document, record or thing —(a) to be forfeited; or (b) to be disposed of in the manner that the Magistrate’s Court thinks fit.[8/2019] (3) Subject to any order to the contrary by the Magistrate’s Court, any document, record or thing forfeited or deemed to be forfeited under this section must be delivered to the Board and must be disposed of in the manner that the Registrar thinks fit.[8/2019] (4) This section does not affect any right to retain or dispose of any property which may exist in law apart from this section.[8/2019]

Funds of Board

s 31

31.—(1) All fees, penalties and other moneys payable under this Act that are not paid are recoverable as a debt due to the Board.[8/2019] (2) Subject to subsection (3), all fees and other moneys collected or recovered by the Board under this Act must be paid to the Board.[8/2019] (3) All penalties and composition sums collected by the Board under this Act must be paid into the Consolidated Fund.[8/2019] (4) All moneys received by the Board or the Registrar must be paid into the funds of the Board. (5) The costs and expenses of and incidental to the performance of the functions of the Board and any committee appointed by the Board must be paid by the Board out of its funds. (6) The Minister may pay into the funds of the Board any sum of money out of moneys to be provided by Parliament that the Minister may determine.

Assessor to Board

s 32

32.—(1) For the purposes of advising the Board and any committee appointed by the Board, the Board may appoint an assessor to the Board who must be an advocate and solicitor of at least 10 years’ standing. (2) The assessor must not participate or sit in any deliberations of the Board or its committees unless invited to do so, and the assessor’s participation must be limited only to questions of law arising from the proceedings. (3) The Board may pay to the assessor such remuneration, to be paid as part of the expenses of the Board, as the Board may determine.

No action against Board, etc., in absence of bad faith

s 33

33. No action or legal proceedings shall lie against the Board, any committee appointed by the Board, or any member or employee of the Board or committee, for any act or thing done under this Act unless it is proved to the court that the act or thing was done in bad faith or with malice.

Service of documents

s 34

34.—(1) A document that is permitted or required by or under this Act to be served on a person may be served as described in this section. (2) A document permitted or required by or under 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 generally, or specifically for the document, 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; or (e) by sending it by email to the individual’s last email address. (3) A document permitted or required by or under 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, or an authorised representative, of the partnership; (b) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; or (c) by sending it by email to the partnership’s last email address. (4) A document permitted or required by or under this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served —(a) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; (b) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; or (c) by sending it by email to the last email address of the body corporate or unincorporated association. (5) Service of a document under this section takes effect —(a) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered); or (b) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent. (6) However, service of any document under this Act on a person by email may be effected only with the person’s prior written consent to service in that way. (7) This section does not apply to documents to be served in proceedings in court. (8) In this section —“authorised representative”, in relation to a partnership (other than a limited liability partnership), means any person authorised to accept service of documents on behalf of the partnership; “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; “document” includes an order or a notice permitted or required by or under this Act to be served; “last email address” means 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; “residential address” means an individual’s usual or last known place of residence in Singapore.[Act 19 of 2025 wef 05/12/2025]

Composition of offences

s 34A

34A.—(1) The Board 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.[8/2019] (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.[8/2019]

Exemption

s 35

35. The Minister may, subject to such conditions as the Minister thinks fit, by order exempt any person or class of persons from all or any of the provisions of this Act.

Regulations

s 36

36.—(1) Subject to the provisions of this Act, the Board may, with the approval of the Minister, make any regulations that are necessary or expedient to give effect to the provisions and purposes of this Act and for the due administration of this Act. (2) Without limiting subsection (1), regulations may be made to —(a) provide for the duties of the Registrar; (b) provide for the form of the Register and the mode in which it must be kept; (c) regulate the procedure of any committee appointed by the Board and the conduct of any proceedings of the committee; (d) provide for payment of fees to any member or any committee appointed by the Board; (e) provide for the appointment of members to and composition of an Inquiry Committee; (f) prescribe the procedures to be followed by, and regulate the conduct of, any inquiry by an Inquiry Committee, including, for the purposes of any hearing before the Inquiry Committee —(i) enabling the Inquiry Committee to order and give discovery and inspection of documents; and (ii) enabling any party to the inquiry to issue subpoenas to testify or subpoenas to produce documents; (g) regulate the removal and restoration of names in the Register; (h) provide for the grant and renewal of practising certificates, including prescribing requirements relating to continuing professional education for, and any other aspect of, the practice of traditional Chinese medicine for such grant and renewal; (i) regulate the professional practice, etiquette, conduct and discipline of registered persons; (j) prescribe the forms necessary for the administration of this Act; (k) prescribe the fees and other charges for the purposes of this Act; (l) provide that any person who contravenes any regulation 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; and (m) prescribe any other matter that is necessary or authorised to be prescribed under this Act.[8/2019]

Amendment of Schedule

s 37

37. The Minister may, by order in the Gazette, add to or amend the Schedule.

Back to Traditional Chinese Medicine Practitioners Act 2000 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗

Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.

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