On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 31/07/2005.
PART VII
MISCELLANEOUS
29.
—(1) The Authority shall, as soon as practicable after the end of each financial year, cause to be prepared and transmitted to the Minister a report dealing generally with the activities of the Authority during the preceding financial year and containing such information relating to the proceedings and policy of the Authority as the Minister may, from time to time, direct.
(2) The Minister shall, as soon as practicable, cause a copy of every such report to be presented to Parliament.
30.
—(1) The Authority shall have the exclusive right to the use of such name, symbol or representation as the Authority may select or devise and thereafter display or exhibit such name, symbol or representation in connection with its activities or affairs.
(2) Any person who uses a name, symbol or representation identical with that of the Authority, or which so resembles the Authority’s name, symbol or representation as to deceive or cause confusion, or to be likely to deceive or cause confusion, shall be guilty of an offence and 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.
31.
—(1) In addition to the powers conferred on him by this Act or any other written law, an officer or employee of the Authority may, in relation to any offence under this Act or any written law specified in the Second Schedule, on declaration of his office and production to the person against whom he is acting such identification card as the Chief Executive may direct to be carried by officers or employees of the Authority —
(a)
require any person whom he reasonably believes to have committed that offence to furnish evidence of the person’s identity;
(b)
require any person to furnish any information or produce any book, document or copy thereof in the possession of that person, and may, without fee or reward, inspect, make copies of or take extracts from such book or document; or
(c)
require, by order in writing, the attendance before the officer or employee of any person within the limits of Singapore who, from any information given or otherwise obtained by the officer or employee, appears to be acquainted with the circumstances of the case.
(2) Any person who —
(a)
refuses to give access to, or assaults, obstructs, hinders or delays, an officer or employee of the Authority in the discharge of the duties by such officer or employee of the Authority under this Act or that written law;
(b)
wilfully mis-states or without lawful excuse refuses to give any information or produce any book, document or copy thereof required of him by an officer or employee of the Authority under subsection (1); or
(c)
fails to comply with a lawful demand of an officer or employee of the Authority in the discharge by such officer or employee of his duties under this Act or that written law,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
32.
—(1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or any similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3) Proceedings for an offence under this Act alleged to have been committed by a partnership shall be brought in the name of the partnership and not in the names of the partners; but without prejudice to any liability of the partners under subsection (5).
(4) A fine imposed on a partnership on its conviction in such proceedings shall be paid out of the partnership assets.
(5) Where a partnership is guilty of an offence under this Act, every partner, other than a partner who is proved to have been ignorant of or to have attempted to prevent the commission of the offence, shall also be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
33.
—(1) Proceedings in respect of an offence under this Act or under any written law specified in the Second Schedule may be conducted by an officer of the Authority who is authorised in writing in that behalf by the Chief Executive.
(2) Notwithstanding the provisions of any written law, a legal officer of the Authority who has been admitted as an advocate and solicitor under the Legal Profession Act (Cap. 161) may —
(a)
appear in any civil proceedings involving the Authority or any Registrar in the performance of his functions or duties under any written law specified in the Second Schedule; and
(b)
make and do all acts and applications in respect of such proceedings on behalf of the Authority or any Registrar.
(3) In this section, “Registrar” means —
(a)
the Registrar of Public Accountants and any Deputy or Assistant Registrar of Public Accountants appointed under the Accountants Act (Cap. 2);
(b)
the Registrar of Businesses and any Deputy or Assistant Registrar of Businesses appointed under the Business Registration Act (Cap. 32);
(c)
the Registrar of Companies and any Deputy or Assistant Registrar of Companies appointed under the Companies Act (Cap. 50); and
(d)
the Registrar of Limited Liability Partnerships and any Deputy or Assistant Registrar of Limited Liability Partnerships appointed under the Limited Liability Partnerships Act 2005 (Act 5 of 2005).
34.
—(1) No person who is or has been —
(a)
a member, an officer, an employee or an agent of the Authority; or
(b)
a member of a committee of the Authority,
shall disclose any information relating to the affairs of the Authority or of any other person which has been obtained by him in the performance of his duties or the exercise of his functions unless such disclosure is made —
(i)
with the permission of the person from whom the information was obtained or, where the information is the confidential information of a third person, with the permission of that third person;
(ii)
for the purpose of the administration or enforcement of this Act or any written law specified in the Second Schedule;
(iii)
in compliance with the requirement of any court or the provisions of any written law; or
(iv)
for the purpose of assisting any public officer or officer of any other statutory board in the investigation or prosecution of any offence under any written law.
[5/2005]
(2) No person who is or has been —
(a)
a member, an officer, an employee or an agent of the Authority; or
(b)
a member of a committee of the Authority,
shall, for his own personal benefit or for the personal benefit of any other person, make use of any information, whether directly or indirectly, which has been obtained by him in the performance of his duties or the exercise of his functions.
(3) For the purpose of this section, the reference to a person disclosing or making use of any information includes his permitting any other person to have any access to any record, document or other thing which is in his possession or under his control by virtue of his being or having been a member, an officer, an employee or an agent of the Authority or a member of a committee of the Authority.
(4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(5) The provisions of this section are in addition to, and not in derogation of, any provision in any written law specified in the Second Schedule that regulates or restricts the disclosure of information by any member, officer, employee, agent or member of a committee of the Authority.
35. Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of the offence.
36.
—(1) The Chief Executive or any officer of the Authority who is authorised by the Chief Executive may, in his discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $1,000.
(2) On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.
37. The Minister may, by order in the Gazette, amend the First or Second Schedule.
38.
—(1) The Authority may, with the approval of the Minister, make rules for carrying out the purposes and provisions of this Act.
(2) Without prejudice to the generality of subsection (1), the Authority may, with the approval of the Minister, make rules for or with respect to all or any of the following matters:
(a)
the manner of appointment, conduct and discipline and the terms and conditions of service of the officers and employees of the Authority;
(b)
the establishment of funds for the payment of gratuities and other benefits to officers and employees of the Authority;
(c)
the fees to be charged in respect of anything done or any service rendered by the Authority under or by virtue of this Act or any other written law; and
(d)
the offences which may be compounded under section 36.