s 41 Orders, notices and requisitions
41.—(1) Orders, notices, directions and requisitions issued or made under this Act may —(a) be of a general nature; (b) refer to a class of persons or to any number of persons; (c) refer to an individual, a partnership, a body corporate or an unincorporated association; or[Act 10 of 2024 wef 01/05/2024] (d) refer to any number of partnerships, bodies corporate or unincorporated associations.[26/89] [Act 10 of 2024 wef 01/05/2024] (2) An order, notice, direction or requisition required to be served or given under this Act may be served on any individual, partnership, body corporate or unincorporated association —Personal delivery and telephone conversation (a) by delivering it personally, or reading the contents of the order, notice, direction or requisition over the telephone personally —(i) to the individual to be served if the individual is within Singapore;[Act 10 of 2024 wef 01/05/2024] (ii) to an agent of the individual to be served if that individual has an agent within Singapore;[Act 10 of 2024 wef 01/05/2024] (iii) to any partner, secretary or other similar officer of the partnership to be served;[Act 10 of 2024 wef 01/05/2024] (iv) to any secretary or other similar officer of the body corporate or unincorporated association to be served;[Act 10 of 2024 wef 01/05/2024] (v) to any manager of the limited liability partnership to be served; or[Act 10 of 2024 wef 01/05/2024] (vi) to any individual having, on behalf of the body corporate or unincorporated association to be served, powers of control or management over the business, occupation, work or matter to which the order, notice, direction or requisition relates;[Act 10 of 2024 wef 01/05/2024] Publication in the newspapers and Gazette (b) by publishing it in the daily newspapers circulating in Singapore in all the official languages or in the Gazette; Delivery to residential address, business address, registered office or principal office (c) by leaving it —(i) at the residential address or business address of the individual to be served if the individual is within Singapore; (ii) at the business address of the partnership to be served; or (iii) at the registered office or principal office of the body corporate or unincorporated association to be served, with an individual apparently above 16 years of age and apparently residing at that place or, in the case of a business address, registered office or principal office, apparently in charge of or employed at that place; [Act 10 of 2024 wef 01/05/2024] Registered post (d) by sending it by registered post addressed to —(i) the individual to be served at the residential address or business address of that individual if the individual is within Singapore; (ii) the partnership to be served at the business address of the partnership; or (iii) the body corporate or unincorporated association to be served at its registered office or principal office;[Act 10 of 2024 wef 01/05/2024] Email (e) subject to subsection (2A), by sending it by email to the last email address of the addressee concerned;[Act 10 of 2024 wef 01/05/2024] Other means of service (f) subject to subsection (2A), by sending an electronic notice to the addressee concerned by the addressee’s chosen means of notification, stating that the order, notice, direction or requisition is available and how the addressee concerned may use the addressee’s chosen means of access to access the contents of the order, notice, direction or requisition; or[Act 10 of 2024 wef 01/05/2024] (g) by any other method authorised by regulations made under this Act for the service of orders, notices, directions or requisitions of that kind if the addressee concerned consents to service of an order, notice, direction or requisition of that kind in that way.[26/89] [Act 10 of 2024 wef 01/05/2024] (2A) Service of any order, notice, direction or requisition under this Act on an addressee concerned under subsection (2)(e) and (f) may be effected only with the addressee’s prior consent to service in that way.[Act 10 of 2024 wef 01/05/2024] (3) Without limiting subsection (2), a notice of requisition issued pursuant to section 12 or an order or direction issued pursuant to section 16 or 17 may be served on any individual, partnership, body corporate or unincorporated association —Broadcast over radio and television (a) by broadcasting it over the radio and television in the prescribed manner; Public address system and siren (b) by audible signals given in the prescribed manner over a public address system or through a siren where such signals are audible from —(i) the residential address or business address of the individual to be served; (ii) the business address of the partnership to be served; or (iii) the registered office or principal office of the body corporate or unincorporated association to be served;[Act 10 of 2024 wef 01/05/2024] Telephone conversation with member of family or household (c) by reading the contents of the notice of requisition, order or direction over the telephone to a member of the family or household of the individual to be served who is apparently above 16 years of age and apparently residing at the residential address of the individual to be served;[Act 10 of 2024 wef 01/05/2024] Telephone conversation with employee or individual in charge of business address, registered office or principal office (d) by reading the contents of the notice of requisition, order or direction over the telephone to an individual who is apparently above 16 years of age and apparently in charge of or employed at —(i) the business address of the partnership to be served; or (ii) the registered office or principal office of the body corporate or unincorporated association to be served;[Act 10 of 2024 wef 01/05/2024] Short message service (e) by sending it by short message service to the mobile telephone number of the addressee concerned; or[Act 10 of 2024 wef 01/05/2024] Fax and other means of telecommunication (f) by sending it by fax or any other prescribed means of telecommunication —(i) to the individual to be served at the residential address or business address of that individual; (ii) to the partnership to be served at the business address of the partnership; or (iii) to the body corporate or unincorporated association to be served at its registered office or principal office: Provided that there is an acknowledgment by electronic or any other means to the effect that the notice, order or direction has been received at the residential address, business address, registered office or principal office, as the case may be. [26/89] [Act 10 of 2024 wef 01/05/2024] (4) Where a notice of requisition issued pursuant to section 12 or an order or direction issued pursuant to section 16 or 17 is served on any individual, partnership, body corporate or unincorporated association pursuant to —(a) subsection (2)(b), it is deemed to have been read by the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it applies by noon on the day following the date of publication;[Act 10 of 2024 wef 01/05/2024] (b) subsection (2)(d), it is deemed to have been received and read by the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it applies on the expiry of 48 hours from the time at which it was delivered to the post office for despatch;[Act 10 of 2024 wef 01/05/2024] (ba) subsection (2)(e), it is —(i) presumed, until the contrary is proved, to have been received and read or heard by the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it is directed, at the time the email is capable of being retrieved by the addressee concerned; and (ii) deemed to have been received and read or heard by the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it is directed, on the expiry of 6 hours from the time the email is capable of being retrieved by the addressee concerned; or[Act 10 of 2024 wef 01/05/2024] (bb) subsection (2)(f), it is —(i) presumed, until the contrary is proved, to have been received and read or heard by the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it is directed, at the time the electronic notice is capable of being retrieved by the addressee concerned by the addressee’s chosen means of notification, and the contents of the notice of requisition, order or direction are capable of being accessed by the addressee concerned by the addressee’s chosen means of access; and (ii) deemed to have been received and read or heard by the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it is directed, on the expiry of 6 hours from the time the electronic notice is capable of being retrieved by the addressee concerned by the addressee’s chosen means of notification, and the contents of the notice of requisition, order or direction are capable of being accessed by the addressee concerned by the addressee’s chosen means of access;[Act 10 of 2024 wef 01/05/2024] (c) subsection (3)(a) or (b), it is deemed to have been seen or heard by the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it applies on the expiry of 6 hours from the commencement of the first broadcast, transmission or audible signal, as the case may be;[Act 10 of 2024 wef 01/05/2024] (d) subsection (2)(c), (3)(c) or (3)(d), it is —(i) presumed, until the contrary is proved, to have been conveyed or read to the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it applies at the time of delivery or telephone conversation, as the case may be; and[Act 10 of 2024 wef 01/05/2024] (ii) deemed to have been conveyed or read to the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it applies on the expiry of 6 hours from the time of delivery or telephone conversation, as the case may be;[Act 10 of 2024 wef 01/05/2024] (e) subsection (3)(e) or (f), it is —(i) presumed, until the contrary is proved, to have been received and read or heard by the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it is directed at the time of the first transmission; and[Act 10 of 2024 wef 01/05/2024] (ii) deemed to have been received and read or heard by the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it is directed on the expiry of 6 hours from the time of the first transmission.[26/89] [Act 10 of 2024 wef 01/05/2024] (5) An order, notice, direction or requisition issued under this Act remains in force until it is complied with or revoked and every individual, partnership, body corporate or unincorporated association failing to comply with such an order, notice, direction or requisition at the specified time shall be liable to comply with it as soon as possible.[26/89] [Act 10 of 2024 wef 01/05/2024] (6) An order, notice, direction or requisition, issued or made under this Act, may be subject to conditions and may be revoked at any time.[26/89] (7) Where an individual, a partnership, a body corporate or an unincorporated association has under subsection (4) been deemed to have knowledge of an order, notice, direction or requisition issued under this Act, ignorance of the fact that the order, notice, direction or requisition has been duly served on that individual, partnership, body corporate or unincorporated association in accordance with subsection (2) or (3) is not an excuse for failing to comply with that order, notice, direction or requisition.[Act 10 of 2024 wef 01/05/2024] (8) This section does not apply to notices, summonses and other documents to be served in proceedings in court.[Act 10 of 2024 wef 01/05/2024] (9) In this section —“addressee concerned” means the individual, partnership, body corporate or unincorporated association to be served, as the case may be; “body corporate” includes a limited liability 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, the partnership’s principal or last known place of business in Singapore; “chosen means of access”, for an addressee concerned on whom is or is to be served an order, notice, direction or requisition, means an electronic means that the addressee concerned agrees with the competent authority as the means by which the addressee concerned may access the contents of that order, notice, direction or requisition; “chosen means of notification”, for an addressee concerned on whom is or is to be served an order, notice, direction or requisition, means an electronic means that the addressee concerned nominates to the competent authority as the means by which the addressee concerned may be notified that such an order, notice, direction or requisition has been served on the addressee concerned; “last email address” means the last email address given to the competent authority by the addressee concerned as the email address for the service of an order, notice, direction or requisition; “mobile telephone number” means the last mobile telephone number given (in accordance with a legal requirement under this Act) to the competent authority by the addressee concerned, and which the addressee concerned has acknowledged may be used by the competent authority for the service of any notice of requisition issued pursuant to section 12 or any order or direction issued pursuant to section 16 or 17; “partnership” excludes a limited liability partnership; “residential address” means an individual’s usual or last known place of residence in Singapore.[Act 10 of 2024 wef 01/05/2024]