Government Technology Agency Act 2016

Government Technology Agency
Act 2016

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to establish the Government Technology Agency.

[1 October 2016]

PART 1

PRELIMINARY

Short title

1.  This Act is the Government Technology Agency Act 2016.

Interpretation

2.  In this Act, unless the context otherwise requires —

“Agency” means the Government Technology Agency established by section 3;

“Chairperson”, in relation to the Agency, means the member of the Agency who is appointed under section 13(1)(a) as the Chairperson of the Agency, and includes any individual acting in that capacity;

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

“committee”, in relation to the Agency, means a committee of the Agency appointed under section 36;

“committee member” means a member of a committee of the Agency appointed under section 36;

“company” has the meaning given by section 4(1) of the Companies Act 1967;

“delegate”, in relation to the Agency, means a person to whom the Agency, under section 38(1), delegates any of its functions or powers;

“Deputy Chairperson”, in relation to the Agency, means the member of the Agency who is appointed under section 13(1)(b) as the Deputy Chairperson of the Agency;

“document” includes any device or medium on which information is recorded or stored;

“employee”, in relation to the Agency, means —

(a) in the case of Part 10, an individual who is employed by the Agency under a contract of service; or

(b) in any other case, an individual who is employed by the Agency under a contract of service or who is otherwise engaged to perform duties in the Agency;

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

“info-communications technology” means any technology employed in the collection, storage, use or transmission of information, and includes a technology that involves the use of a computer or a telecommunication system;

“member”, in relation to the Agency, means a member of the Agency appointed under section 11, and includes a temporary member appointed under section 15(2);

“power”, in relation to the Agency, means a power given to the Agency by this Act or any other Act;

“public authority” means a body that is established or constituted by or under a public Act to perform or discharge a public function, but does not include a Town Council established under section 4 of the Town Councils Act 1988;

“public entity” means a body corporate (not being a public authority) that —

(a) provides an essential service to the public or a section of the public; and

(b) receives funding or other facilities or support from the Government in connection with the provision of the essential service;

“public sector” means the Government and all public authorities, and includes any part of the public sector;

“public sector body” means a Ministry, a Government department, a public authority or any other body of persons in the public sector;

“system”, in relation to info‑communications technology or related engineering, includes infrastructure and application;

“telecommunication system” has the meaning given by section 2 of the Telecommunications Act 1999.

[5/2018; S 461/2020]

PART 2

ESTABLISHMENT, FUNCTIONS AND POWERS OF AGENCY

Government Technology Agency

3.  A body called the Government Technology 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.

Objectives and functions of Agency

5.—(1)  The objectives of the Agency are to —

(a) harness and deploy info-communications technology and related engineering for services that benefit Singapore; and

(b) develop the necessary capabilities to support the delivery of those services.

(2)  The Agency has the following functions:

(a) to act as a lead agency in the public sector in respect of the functions specified in paragraphs (b) to (g);

(b) to advise and make recommendations to the Government on national needs and policies in respect of info‑communications technology and related engineering matters;

(c) to provide, develop, implement or operate, or direct or facilitate the provision, development, implementation or operation, of info‑communications technology and related engineering systems and services in the public sector;

(d) to ensure the security and reliability of info‑communications technology and related engineering systems and services in the public sector;

(e) to provide consultancy, project management and other services, manpower and facilities for info‑communications technology and related engineering systems and services to the public sector;

(f) to undertake the procurement of info‑communications technology and related engineering goods (including equipment and systems) and services for —

(i) the public sector; and

(ii) any other organisation that the Minister may, by written notice to the Agency and with the agreement of that organisation, designate;

(g) to promote and develop competencies and professional standards in the public sector in relation to info‑communications technology and related engineering matters;

(h) to collaborate, in the performance of its functions, with other public sector bodies that have similar or related functions;

(i) to promote or undertake research into, and development of matters relating to, info‑communications technology and related engineering systems and services in the public sector;

(j) to develop and promote, and collaborate with the public sector on, the use of info‑communications technology and related engineering in the public sector for the technological advancement of Singapore;

(k) to assist, where appropriate, a public entity with the security and reliability of that public entity’s info‑communications technology and related engineering systems and services;

(l) to represent Singapore and advance Singapore’s interest internationally in relation to info‑communications technology and related engineering matters for the public sector;

(m) to promote and facilitate public participation in the development of info‑communications technology and related engineering capabilities for Singapore;

(n) to perform any other functions that may be conferred on the Agency by any other Act.

(3)  The Agency may also undertake any other functions that the Minister may, by notification in the Gazette, assign to the Agency, 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)  Subject to this Act, the Agency has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.

(2)  Without limiting subsection (1), the powers of the Agency mentioned in that subsection include power —

(a) to develop and issue codes and guidelines on data protection standards for the public sector in respect of the use of info‑communications technology and related engineering systems and services;

(b) to collaborate with other persons (in or outside Singapore), in respect of info‑communications technology and related engineering matters for the public sector;

(c) to organise, provide for or collaborate with any person on training programmes for, assessments and certifications of, and scholarships for, persons in relation to info‑communications technology and related engineering systems and services;

(d) to enter into agreements and arrangements;

(e) to execute and manage agreements on behalf of the public sector for the procurement of info‑communications technology and related engineering goods (including equipment and systems) and services;

(f) to form or participate in the formation of a body corporate, unincorporated association or trust, or enter into a joint venture with any person;

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

(h) to waive or refund the whole or part of any fee or charges payable or paid to the Agency under this Act or any other Act administered by the Agency;

(i) to carry out any works or activities that the Agency considers necessary, advantageous or convenient for making the best use of the Agency’s assets;

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

(k) to provide financial support, grant, aid or assistance to any person in connection with any function of the Agency; and

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

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

Powers of Agency in relation to proposals for privatisation

7.—(1)  Where the Minister proposes to transfer any property or function of the Agency to another body corporate (called in this section the transferee), the Agency has the power to do anything which, in the opinion of the Agency, is appropriate for the purpose of —

(a) facilitating the implementation of the Minister’s proposal;

(b) facilitating the implementation of, or securing a modification of, any related proposal of the Minister;

(c) promoting, in relation to the Minister’s proposal or related proposal, the interest of the transferee; or

(d) promoting, in relation to the Minister’s proposal or related proposal, the interest of a body corporate that may become, under the Minister’s proposal or related proposal, a member of the same group as the transferee.

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

(3)  For the purposes of subsection (1)(d), a body corporate is a member of the same group as the transferee if —

(a) the body corporate is a holding company or subsidiary of the transferee; or

(b) the body corporate is another subsidiary of the transferee’s holding company.

(4)  In this section —

“holding company” and “subsidiary” have the meanings given by section 5 of the Companies Act 1967;

“related proposal” means a proposal of the Minister that relates to the Minister’s proposal to transfer a property or function of the Agency to the transferee, and includes a proposal relating to or connected with —

(a) any property, right or liability of the Agency that would be affected by the proposed transfer, or that is proposed to be transferred to the transferee;

(b) the performance, whether before or after the transfer, of a function of the Agency that is proposed to be transferred to the transferee; or

(c) the formation, flotation, control, finances, or officers or employees, of the transferee or of any other body corporate that may become, under the Minister’s proposal or related proposal, a member of the same group as the transferee.

Directions of Minister, etc.

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

[5/2018]

(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 this section, 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, “information” means information specified, or of a description specified, by the Minister that relates to the Agency’s functions, and includes a document.

Agency’s symbols, etc.

9.—(1)  The Agency has the exclusive right to the use of one or more symbols or representations as it 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 that is identical with 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 $5,000 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 6 and not more than 17 members.

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

Appointment of members of Agency

11.—(1)  Each member 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 earlier than the date on which the member receives the instrument).

Membership disqualification

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

(2)  The following individuals are disqualified to be or from being a member:

(a) a Judge or judicial officer;

(b) an undischarged bankrupt;

(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 from taking part (directly or indirectly) in the management, of a company during the period of disqualification in that section;

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

[S 461/2020]

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

[S 461/2020]

Chairperson and Deputy Chairperson

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

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

(b) a member (other than the Chairperson) to be the Deputy Chairperson of the Agency for the period specified in the instrument.

(2)  A member who is appointed as the Chief Executive is not eligible for an appointment under subsection (1).

(3)  The Chairperson or 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;

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

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

(a) the Chairperson is unavailable; or

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

[5/2018]

Premature vacancies

14.—(1)  If a premature vacancy occurs in the office of a member, the Minister may, subject to sections 10 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)  Section 11 applies to an appointment under subsection (1).

(3)  In this section, “premature vacancy”, for an office, means a vacancy that occurs in that office for any reason other than the expiry of the term of office.

Temporary Chairperson and members

15.—(1)  The Minister may appoint an individual (other than the Chief Executive) to act temporarily as the Chairperson of the Agency 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 if the individual is disqualified under section 12(2) from appointment as a member.

Removal of member

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

(2)  Every removal under subsection (1) must be made by written notice to the member.

(3)  The notice must state the date the removal takes effect (which must not be earlier than the date on which the member receives the notice).

Resignation from office

17.—(1)  A member may resign his or her office by written notice to the Minister.

(2)  The resignation is effective —

(a) on the expiry of one month after the date on which the Minister receives the notice; or

(b) on any later date specified in the notice.

Validity of acts, etc.

18.—(1)  The performance of any function, or the exercise of any power, 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 an individual purporting to be a member; or

(c) there was an irregularity in the Agency’s decision-making procedure (but only if the irregularity did not affect the merits of the decision made).

[5/2018]

(2)  The acts of an individual as a member of the Agency are not affected merely because there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member.

Division 2 — Terms and conditions for members

Term of appointment

19.—(1)  The term of appointment of a member must not exceed 3 years.

(2)  A member may be re-appointed.

Remuneration, etc.

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

Vacation of office

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

(a) dies;

(b) is adjudicated a bankrupt;

(c) becomes 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 to be disclosed under the Public Sector (Governance) Act 2018 and the Agency reports to the Minister under that Act of the member’s failure to do so;

(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.

[5/2018]

(2)  A member 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.

Division 3 — [Repealed by Act 5 of 2018]

23.  [Repealed by Act 5 of 2018]

24.  [Repealed by Act 5 of 2018]

25.  [Repealed by Act 5 of 2018]

26.  [Repealed by Act 5 of 2018]

27.  [Repealed by Act 5 of 2018]