Communicable Diseases Agency Act 2025

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

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NO. 5]

Friday, February 14

[2025

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The following Act was passed by Parliament on 7 January 2025 and assented to by the President on 3 February 2025:—

Communicable Diseases Agency Act 2025

(No. 4 of 2025)

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I assent.

THARMAN SHANMUGARATNAM,

President.

3 February 2025.

Date of Commencement: 1 April 2025

An Act to establish the Communicable Diseases Agency and to make consequential amendments to certain other Acts.

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

PART 1

PRELIMINARY

Short title and commencement

1.  This Act is the Communicable Diseases Agency Act 2025 and comes into operation on a date that the Minister appoints by notification in the Gazette.

Interpretation

2.  In this Act —

“Agency” means the Communicable Diseases Agency established by section 3;

“Chairperson”, in relation to the Agency, means the member of the Agency who is appointed under section 13 as the Chairperson of the Agency, and includes any individual appointed under section 15 to act in that capacity;

“Chief Executive” means the Chief Executive of the Agency appointed under section 33, and includes any individual acting in that capacity;

“committee” means a committee of the Agency appointed under section 29;

“committee member” means an individual appointed to be a member of a committee;

“delegate” means a person to whom the Agency under section 31 delegates the performance or exercise of any of its functions or powers;

“Deputy Chairperson”, in relation to the Agency, means a member of the Agency who is appointed under section 13 as a Deputy Chairperson of the Agency;

“functions”, in relation to the Agency, means functions conferred on the Agency by this Act or any other Act;

“infectious disease” means any disease —

(a) that is caused or is suspected to be caused by a micro‑organism or any agent of disease; and

(b) that is capable or is suspected to be capable of transmission by any means to human beings;

“member”, in relation to the Agency, means a member of the Agency appointed under section 11, and includes any individual appointed under section 15 to act in that capacity;

“officer”, in relation to the Agency, means an employee of the Agency and includes an individual under a secondment arrangement which makes available the service of the individual to the Agency;

“public body” means a body corporate established by a public Act for the purposes of a public function but excludes a Town Council established under section 4 of the Town Councils Act 1988;

“surveillance” means the collection, analysis and interpretation of data related to the prevention, management and control of infectious diseases.

PART 2

ESTABLISHMENT, FUNCTIONS AND POWERS OF AGENCY

Communicable Diseases Agency

3.  A body called the Communicable Diseases Agency is established by this section.

Agency is body corporate

4.  The Agency —

(a) is a body corporate with perpetual succession;

(b) may acquire, hold and dispose of real and personal property; and

(c) may sue and be sued in its corporate name.

Objective and functions of Agency

5.—(1)  The objective of the Agency is to prevent, manage and control infectious diseases in Singapore.

(2)  The Agency has the following functions:

(a) to advise and make recommendations to the Government on policies and strategies for the prevention, management and control of infectious diseases in Singapore;

(b) to devise, organise and implement programmes and other activities for or related to the prevention, management and control of infectious diseases in Singapore and to collaborate with any person to devise, organise and implement such programmes and activities;

(c) to conduct and facilitate research and development activities (including research and development activities within the meaning of section 3(1) of the National Research Fund Act 2006) relating to the prevention, management and control of infectious diseases in Singapore;

(d) to monitor through surveillance and detection the occurrence or prevalence of infectious diseases and the vaccination coverage in respect of those infectious diseases;

(e) to establish, manage and maintain systems for the recording and collection of information relating to infectious diseases;

(f) to promote and develop professional and technical expertise in public health for the prevention, management and control of infectious diseases in Singapore;

(g) to oversee, coordinate and implement public health education and training activities for the prevention, management and control of infectious diseases in Singapore;

(h) to oversee, coordinate and develop national public health functions and resources for the prevention, management and control of infectious diseases in Singapore;

(i) to represent the Government internationally on matters related to or connected with the prevention, management and control of infectious diseases;

(j) to establish standards and provide guidance for the prevention, management and control of infectious diseases in Singapore;

(k) to oversee infectious diseases clinical services and capacities in Singapore so as to manage infectious diseases;

(l) to cooperate and collaborate in particular with any public officer or other public body or Health Officer in the administration of the Infectious Diseases Act 1976;

(m) to perform such other functions as may be conferred on the Agency by any other Act.

(3)  In addition to the functions conferred by this section, the Agency may undertake such other functions as the Minister may assign to the Agency, by notification in the Gazette, and in so undertaking —

(a) the Agency is deemed to be fulfilling the purposes of this Act; and

(b) the provisions of this Act apply to the Agency in respect of those other functions.

(4)  Nothing in this section imposes on the Agency, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Agency would not otherwise be subject.

Powers of Agency

6.—(1)  The Agency has power to do all things necessary or expedient to be done for, or in connection with, the performance of its functions.

(2)  Without limiting subsection (1), the powers of the Agency include the following:

(a) to enter into contracts, agreements or arrangements;

(b) to acquire, develop, hold and dispose of real or personal property;

(c) to appoint and act through agents;

(d) to employ staff and engage consultants;

(e) to publish or provide any information, or publish or sponsor the publication of works;

(f) to apply for, obtain and hold, whether on its own behalf or jointly with any other person, any intellectual property rights;

(g) to enter into agreements or arrangements for the commercial exploitation of those intellectual property rights, whether by assignment, licensing or otherwise;

(h) with the approval of the Minister, to form or join in the formation of a company, association, trust or partnership or enter into a joint venture with any person;

(i) to establish institutes for the conduct of research and development in the area of infectious diseases;

(j) to be a member of a company, association, trust or partnership;

(k) to provide financial incentives, support, grant, aid or assistance to any person;

(l) to charge for the provision of goods or services, or the performance of work, by or on behalf of the Agency;

(m) to waive the payment of fees and charges payable to the Agency;

(n) to accept grants, gifts, donations or contributions from any source, or raise funds by all lawful means;

(o) to provide technical, consultancy or advisory services to the Government or any other person on any matter related to, or connected with, the prevention, management and control of infectious diseases;

(p) to collect, compile, analyse and disseminate information of a statistical nature or otherwise concerning matters relating to its functions;

(q) to set up and administer systems for the recording and collection of information for the prevention, management and control of infectious diseases;

(r) to do any other thing that is incidental or conducive to the performance of its functions.

(3)  To avoid doubt, subsections (1) and (2) do not limit any other power given to the Agency by any other provision in this Act or by any other Act.

(4)  The Agency may exercise its powers inside or outside Singapore.

Directions of Minister, etc.

7.—(1)  The Minister may give to the Agency any direction under section 5 of the Public Sector (Governance) Act 2018.

(2)  To avoid doubt, the Minister is entitled —

(a) to have information in the possession of the Agency; and

(b) where the information is in or on a document, to have, and make and retain copies of, that document.

(3)  For the purposes of subsection (2), the Minister may request the Agency —

(a) to provide information to the Minister; or

(b) to give the Minister access to information.

(4)  The Agency must comply with a request under subsection (3).

(5)  In this section —

“document” includes any tape, disc or other device or medium on which information is recorded or stored;

“information” means information specified, or of a description specified, by the Minister that relates to the functions of the Agency.

Agency’s symbol, etc.

8.—(1)  The Agency has the exclusive right to the use of one or more symbols or representations as the Agency may select or devise (each called in this section the Agency’s symbol or representation), and to display or exhibit those symbols or representations in connection with the Agency’s activities or affairs.

(2)  A person who —

(a) uses, without the prior written permission of the Agency, a symbol or representation identical to the Agency’s symbol or representation; or

(b) uses a symbol or representation that so resembles the Agency’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to 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.

Use of name, etc., of Agency

9.—(1)  The Agency may conduct its operations under its full name or under the acronym CDA.

(2)  A person other than the Agency must not —

(a) use in connection with a business, trade, profession or occupation;

(b) use as the name, or as part of the name, of any firm, body corporate or institution; or

(c) use in relation to —

(i) services or products; or

(ii) the promotion, by any means, of the supply of services or products,

the name of the Agency or the acronym CDA, or a name or acronym so closely resembling the name of the Agency or the acronym CDA, as to be likely to be mistaken for it.

(3)  Any person who contravenes subsection (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 6 months or to both.

PART 3

CONSTITUTION AND MEMBERSHIP OF AGENCY

Division 1 — Appointment, resignation and removal

Membership of Agency

10.—(1)  The Agency consists of at least 7 and not more than 15 members.

(2)  One of the members (who is not the Chairperson) may be the Chief Executive.

Appointment of Agency members

11.—(1)  Each member of the Agency is to be appointed by the Minister.

(2)  Every appointment must be made by instrument in writing given to the member.

(3)  The instrument must state —

(a) the term of the appointment; and

(b) the date the appointment takes effect, which must not be a date earlier than the date the instrument is received by the member.

Membership disqualification

12.—(1)  In appointing members of the Agency, the Minister must have regard to whether the members of the Agency will collectively possess the appropriate knowledge, skills and experience to assist the Agency to perform its functions effectively.

(2)  However, the following individuals are disqualified from being a member of the Agency:

(a) an undischarged bankrupt or an individual who has an arrangement with any of his or her creditors;

(b) a Judge or judicial officer;

(c) an individual who has been sentenced to imprisonment for a term of 6 months or more, and has not received a free pardon;

(d) an individual who is —

(i) disqualified under section 154(1) of the Companies Act 1967 from acting as a director, or taking part (whether directly or indirectly) in the management, of a company during the period of disqualification in that provision;

(ii) disqualified from being a director or in any way (whether directly or indirectly) being concerned in, or taking part in, the management of a company by a court order under section 149(1), 149A(1) or 154(2) of the Companies Act 1967 during the period of disqualification in the court order;

(iii) disqualified under section 58(1) of the Variable Capital Companies Act 2018 from acting as a director, or taking part (whether directly or indirectly) in the management of a VCC during the period of disqualification in that provision; or

(iv) disqualified by a court order under section 56(1), 57(1) or 58(2) of the Variable Capital Companies Act 2018 from being a director or in any way (whether directly or indirectly) being concerned in, or taking part in, the management of a VCC during the period of disqualification in the court order;

(e) an individual who lacks capacity in respect of his or her duties as a member within the meaning of the Mental Capacity Act 2008, or in respect of whom an order is made under section 10 of the Mental Health (Care and Treatment) Act 2008.

(3)  In this section, “VCC” has the meaning given by section 2(1) of the Variable Capital Companies Act 2018.

Chairperson and Deputy Chairperson

13.—(1)  The Minister may, by instrument in writing, appoint —

(a) a member (other than the Chief Executive) to be the Chairperson of the Agency for the period specified in the instrument; and

(b) one or more members (other than the Chairperson) to be a Deputy Chairperson of the Agency for the period specified in the instrument.

(2)  The Chairperson or a Deputy Chairperson holds office until whichever of the following first happens:

(a) his or her term of office as Chairperson or Deputy Chairperson (as the case may be) expires;

(b) he or she ceases to hold office as a member of the Agency;

(c) the Minister terminates the appointment as Chairperson or Deputy Chairperson, as the case may be.

(3)  A Deputy Chairperson has and may exercise all of the functions and powers of the Chairperson in relation to a matter if —

(a) the Chairperson is unavailable; or

(b) the Chairperson is interested in the matter (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018).

Premature vacancies

14.—(1)  If a premature vacancy occurs in the office of any member of the Agency, the Minister may, subject to sections 10, 11 and 12, appoint an individual to fill the vacancy and hold that office for the remainder of the term for which the vacating member was appointed.

(2)  In this section, “premature vacancy”, for an office, means a vacancy that occurs in that office by virtue of section 21(1) or for any reason other than the expiry of the term of office.

Acting Chairperson and members

15.—(1)  The Minister may appoint an individual (other than the Chief Executive) to act temporarily as the Chairperson during any period, or during all periods, when the Chairperson —

(a) is absent from duty or Singapore; or

(b) is, for any reason, unable to perform the duties of the office.

(2)  The Minister may appoint an individual to act temporarily as a member of the Agency (other than the Chairperson) during any period, or during all periods, when the member —

(a) is absent from duty or Singapore; or

(b) is, for any reason, unable to perform the duties of the office.

(3)  An individual is ineligible for appointment under this section to act as the Chairperson or a member of the Agency if the individual is disqualified under section 12(2) for appointment as a member.

Removal of member

16.—(1)  The Minister may, at any time and without giving any reason, remove a member of the Agency from office.

(2)  Every removal under subsection (1) must be made by written notice given to the member with a copy to the Agency.

(3)  The notice must state the date the removal takes effect, which must not be a date earlier than the date the notice is received by the member.

Resignation from office

17.—(1)  A member of the Agency may resign his or her office by written notice to the Minister (with a copy to the Agency) signed by the member.

(2)  The resignation is effective when the notice in subsection (1) is received by the Minister or at any later time specified in the notice.

Validity of acts, etc.

18.—(1)  Despite section 33 of the Interpretation Act 1965, the exercise of any power or performance of any function of the Agency by the Agency is not affected merely because at the relevant time —

(a) there was a vacancy in the membership of the Agency, including a vacancy arising from the failure to appoint a member;

(b) there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Agency; or

(c) there was an irregularity in the Agency’s decision‑making procedure that does not affect the merits of the decision made.

(2)  The acts of an individual as a member of the Agency are not affected merely because —

(a) there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Agency; or

(b) in the case of an individual acting in the capacity of the Chairperson, a member or the Chief Executive, the occasion for the individual so acting, or for his or her appointment, had not arisen or had ended.

Division 2 — Terms and conditions for members

Term of appointment

19.—(1)  Subject to section 21, each member of the Agency holds office for a period of 3 years or any shorter period specified in the instrument of appointment.

(2)  A member of the Agency may be re‑appointed.

Remuneration, etc.

20.  The members of the Agency may be paid, out of the funds of the Agency, such salaries, fees and allowances as the Minister determines.

Vacation of office

21.—(1)  A member of the Agency ceases to hold office if he or she —

(a) dies;

(b) is adjudicated a bankrupt or makes an arrangement with any of his or her creditors;

(c) becomes otherwise disqualified from being a member under section 12(2);

(d) is removed from office in accordance with section 16;

(e) resigns in accordance with section 17;

(f) fails, without reasonable cause, to disclose any interest required under Division 1 of Part 4 of the Public Sector (Governance) Act 2018 and a notice is given under that Act to the Minister about that default;

(g) fails to attend 3 consecutive meetings of the Agency without the approval of the Agency; or

(h) is not re-appointed when his or her term of office expires.

(2)  A member of the Agency is not entitled to any compensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as a member.

Other terms and conditions

22.  The Minister may specify other terms and conditions of appointment of a member in the instrument of appointment.