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Protection from liability
46. No liability shall lie against a person who, acting in good faith and with reasonable care, does or omits to do anything —(a) in the execution or purported execution of this Act; (b) in complying with an order or a direction given under this Act; or (c) when assisting an investigator.
General exemption
47. The Minister may, by order in the Gazette, exempt any person or class of persons or any transport vehicle or class of transport vehicles from all or any provisions of this Act, either generally or in a particular case and subject to such conditions as may be specified in the order.
Service of documents
48.—(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 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; (f) by sending it by email to the individual’s last email address; (g) by giving an electronic notice to the individual by the individual’s chosen means of notification, stating that the document is available and how the individual may use the individual’s chosen means of access to access the document’s contents; or (h) by any other method authorised by regulations for the service of documents of that kind if the individual consents to service of a document of that kind in that way. (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 like 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; (d) by sending it by email to the partnership’s last email address; (e) by giving an electronic notice to the partnership by the partnership’s chosen means of notification, stating that the document is available and how the partnership may use the partnership’s chosen means of access to access the document’s contents; or (f) by any other method authorised by regulations for the service of documents of that kind if the partnership consents to service of a document of that kind in that way. (4) A document permitted or required by 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 like 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 body corporate’s or unincorporated association’s registered office or principal office in Singapore; (c) by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore; (d) by sending it by email to the body corporate’s or unincorporated association’s email address; (e) by giving an electronic notice to the body corporate or unincorporated association by the body corporate’s or unincorporated association’s chosen means of notification, stating that the document is available and how the body corporate or unincorporated association (as the case may be) may use its chosen means of access to access the document’s contents; or (f) by any other method authorised by regulations for the service of documents of that kind if the body corporate or unincorporated association (as the case may be) consents to service of a document of that kind in that way. (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) However, service of any document under this Act on a person by email, or by an electronic notice at the person’s chosen means of notification, may be effected only with the person’s prior consent to service in that way. (7) 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; “chosen means of access”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents; “chosen means of notification”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been served on the addressee; “document” includes a notice or order permitted or required by 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, or 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. (8) This section does not apply to documents to be served in civil proceedings or criminal proceedings in court or other proceedings.
Regulations
49.—(1) The Minister may 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. (2) Without limiting subsection (1), the Minister may make regulations for the following matters:(a) the appointment of nominated officials for reporting of reportable matters, which may include different nominated officials for different reportable matters; (b) the reporting of reportable matters, which may include different periods for reporting for different reportable matters; (c) the conduct of investigations into transport occurrences; (d) the participation or representation of individuals other than investigators in any investigation as allowed under international agreements, including recovery or reimbursement of reasonable expenses incurred by these individuals by reason of their participation in the investigation from owners or operators of the transport vehicle involved; (e) the recovery of costs and expenses incurred in carrying out the investigations; (f) the methods of service of documents required or permitted by this Act to be served; (g) the offences under this Act that may be compounded; (h) the fees to be paid in connection with the administration of this Act, and the waiver, reduction or refund of fees charged. (3) Regulations made under this section may —(a) provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 5 years or with both; and (b) provide for such saving, transitional and other consequential, incidental and supplemental provisions as is necessary or expedient.
Presentation to Parliament
50. All orders and regulations made under sections 5(5), 47 and 49, respectively, must be presented to Parliament as soon as possible after publication in the Gazette.
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
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