Service of documents, etc.
Open ↗15.—(1) Subject to subsection (3) and section 10(3), any notice, order or other document required or authorised to be given or served 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 place of residence of the individual;
(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 place of business of the individual;
(iv)
by affixing a copy of the document in a conspicuous place at the usual or last known address of the place of residence or business of the individual; or
(v)
by sending it by fax to the fax number used at the usual or last known address of the place of residence or business of the individual, or the last fax number given to the Agency or an authorised officer by the individual as the fax number 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 similar 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; or
(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; and
(c)
in the case of any limited liability partnership or any other body corporate —(i)
by delivering it to the secretary or other similar officer of the body corporate or, in the case of a limited liability partnership, the manager of the limited liability partnership;
(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 or body corporate in Singapore; or
(iii)
by sending it by fax to the fax number used at the registered office or principal office of the limited liability partnership or body corporate in Singapore.
(2) Where any notice or other document to be served by the Agency, the Director‑General or an authorised officer is —(a)
sent by fax to the fax number used at the last known place of residence or business or registered office or principal office 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 place of residence or business or registered office or principal office, as the case may be; and
(b)
sent by prepaid registered post, 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.
(3) This section does not apply to notices, summonses and other documents to be served in proceedings in court.
Offences by bodies corporate, etc.
Open ↗16.—(1) Where an offence under this Act has been committed by a body corporate, an unincorporated association or a partnership, any person who at the time of the commission of the offence was an officer of the body corporate or unincorporated association, or a partner of a partnership, purporting to act in such capacity shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless the person proves, on a balance of probabilities —(a)
that the offence was committed without the person’s consent, connivance or privity; and
(b)
that the person exercised all such diligence to prevent the commission of the offence as the person ought to have exercised, having regard to the nature of the person’s functions in that capacity and to all the circumstances.
(2) In this section, “body corporate”, “officer” and “partner” have the meanings given by section 10(11).
Notice to attend court
Open ↗17.—(1) Where it appears to the Director‑General or any authorised officer that any person has committed an offence under this Act, the Director‑General or authorised officer may serve upon the person a notice in such form as may be prescribed requiring the person to attend at the court, at the hour and on the date specified in the notice.
(2) The Director‑General or authorised officer must prepare a duplicate of the notice mentioned in subsection (1) and, if so required by a court, produce the duplicate of the notice to the court.
(3) On an accused person appearing before a court pursuant to the notice, the court is to take cognizance of the offence alleged and is to proceed as though the person were produced before the court under section 153 of the Criminal Procedure Code 2010.
(4) If a person, upon whom such a notice has been served, fails to appear before a court in accordance with the notice, the court must then issue a warrant for the arrest of that person.
(5) Upon a person arrested pursuant to a warrant issued under subsection (4) being produced before a court, the court is to proceed as though the person were produced under section 153 of the Criminal Procedure Code 2010.[Act 31 of 2022 wef 01/11/2022]
Jurisdiction of court
Open ↗18. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.
Composition of offences
Open ↗19.—(1) The Director-General 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)
$5,000.
(2) On payment of the sum of money, 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.
Notices may be given by authorised officer
Open ↗20.—(1) All notices which the Director‑General is empowered to give by or under this Act may, subject to the direction of the Director‑General, be given by any authorised officer on behalf of the Director-General.
(2) Where any notice requires authentication, the signature or an official facsimile of the signature of the Director‑General or any authorised officer affixed to the notice is sufficient authentication.
Inaccuracies in documents
Open ↗21.—(1) No misnomer or inaccurate description of any person, premises, building, holding, street or place named or described in any document prepared, issued or served under, by virtue of or for the purposes of this Act in any way affects the operation of this Act as respects that person or place if that person or place is so designated in the document as to be identifiable.
(2) No proceedings taken under or by virtue of this Act are invalid for want of form.
Evidence
Open ↗22. The contents of any document prepared, issued or served by the Agency, the Director‑General or an authorised officer under or for the purposes of this Act are, until the contrary is proved, presumed to be correct.
Forms
Open ↗23. The Director‑General may design and utilise such forms as he or she may think fit for any of the purposes of this Act, and may require any person to complete any of the forms for any such purpose.
Regulations
Open ↗24.—(1) The Agency may, with the approval of the Minister, make regulations —(a)
for carrying out the purposes and provisions of this Act; and
(b)
for the prescribing of anything that is required or permitted to be prescribed under this Act.
(2) The Agency may, with the approval of the Minister, in making any regulations, provide —(a)
that any contravention of, or failure or neglect to comply with any regulations shall be an offence; and
(b)
for a penalty not exceeding a fine of $10,000 for each offence and, in the case of a continuing offence, a further penalty not exceeding a fine of 10% of the maximum fine prescribed for that offence for every day or part of a day during which the offence continues after conviction.
(3) All such regulations must be presented to Parliament as soon as possible after publication in the Gazette.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
