Adversely affecting investigations, etc.
Open ↗33.—(1) A person commits an offence where —(a)
the person engages in conduct;
(b)
the person knows that the conduct, or is reckless as to whether the conduct, will adversely affect an investigation or a preliminary assessment that is being conducted at that time or that could be conducted at a later time;
(c)
the conduct has the result of adversely affecting such an investigation or a preliminary assessment (whether or not the investigation or assessment, as the case may be, has started at that time); and
(d)
the conduct is not authorised by section 32, or by the Director or an investigator or any person acting under the authority of the Director or an investigator.
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
Otherwise hindering investigations, etc.
Open ↗34.—(1) A person commits an offence if —(a)
the person engages in conduct;
(b)
the person knows that the conduct, or is reckless as to whether the conduct, will hinder or delay the Director or an investigator in the exercise of his or her powers under this Act;
(c)
the conduct has the result of hindering or delaying such an investigation or a preliminary assessment, as the case may be; and
(d)
the conduct is not authorised by section 32, or by the Director or an investigator or any person acting under the authority of the Director or an investigator.
(2) A person commits an offence if the person —(a)
knowingly obstructs or prevents, or with intent to delay; or
(b)
attempts to obstruct or prevent, or to delay,
another person from complying with a notice under section 29, or an order under section 30 or 31.
(3) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
Unauthorised entry to cordoned‑off area, etc.
Open ↗35.—(1) An individual commits an offence if —(a)
the individual enters or remains in the cordoned‑off area; and
(b)
the individual’s entry into, or remaining in, the cordoned‑off area is not authorised by section 32, or by the Director or an investigator or any person acting under the authority of the Director or an investigator.
(2) An individual who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
Non‑compliance with requirement to answer, etc.
Open ↗36.—(1) A person commits an offence if the person, without reasonable excuse —(a)
refuses to answer a question addressed to the person under section 28;
(b)
refuses to take an oath or make an affirmation when required by an investigator to do so under section 28;
(c)
fails or refuses to do or refrain from doing anything required of the person under section 28 or 29; or
(d)
fails or refuses to do anything required of the person by order under section 30.
(2) A person commits an offence if the person —(a)
intentionally alters, suppresses or destroys any document or information which the person has been required under section 28 or 29 to provide; or
(b)
who, in providing any document or information required under section 28 or 29, makes any statement which the person knows to be false in a material particular, or recklessly makes such a statement.
(3) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
Self‑incrimination not defence
Open ↗37.—(1) A person is not excused from answering a question or producing evidential material in response to a requirement under this Act on the ground that the answer, or the production of the material, might tend to incriminate the person.
(2) Where a person, who is an individual, claims, before answering a question or producing evidential material that he or she is required by an investigator under this Act to give, that the answer or the production of evidential material might tend to incriminate him or her —(a)
that answer or evidential material;
(b)
the giving of the answer or production of evidential material; and
(c)
any information, document or thing obtained as a direct or an indirect consequence of the giving of the answer or the production of evidential material,
are not admissible in evidence against that person in any civil proceedings or any criminal proceedings in a court, other than proceedings for an offence under any written law in respect of the falsity of the answer or evidential material produced.
Other defences
Open ↗38.—(1) It is not an offence under this Act for any person to refuse to comply with any requirement, notice or order made or given by the Director or any investigator under this Act if the Director or investigator —(a)
failed to comply with section 24(3) when making the requirement or giving the notice or order; or
(b)
refused to produce his or her identification card on demand being made by that person.
(2) It is also not an offence under Part 4 for any person to refuse to comply with any requirement made or given by the Director or any investigator under section 28 or 29 to provide any document or information if the person to whom the requirement is made —(a)
does not possess the document or information required; or
(b)
has taken all reasonable steps available to the person to obtain the document or information required and has been unable to obtain it.
Offences by corporations
Open ↗39.—(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 V and VA of the Penal Code; or
(b)
the Evidence Act (Cap. 97) 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 (Cap. 163A);
“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 plant, 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.
Offences by unincorporated associations or partnerships
Open ↗40.—(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 of 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 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 V and VA of the Penal Code; or
(b)
the Evidence Act 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;
“reasonable steps” has the same meaning as in section 39(6);
“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.
Jurisdiction of courts
Open ↗41. Despite the Criminal Procedure Code, a District Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.
Composition of offences
Open ↗42.—(1) The Director, or a TSIB staff member authorised in writing by the Director for the purpose of this provision, may compound any offence under this Act that is prescribed as a compoundable offence.
(2) A compoundable offence may be compounded under this section 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.
(3) On payment of such sum of money, no further criminal proceedings are to be taken against that person in respect of the offence.
(4) All sums collected under this section must be paid into the Consolidated Fund.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
