PART 6 | MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS |
| Compensation payable apart from this Act |
| 36. The provisions of this Act are without prejudice to any agreement for the making of any payment (whether by way of compensation or otherwise) in respect of the doing of anything on behalf of a competent authority in the exercise of the powers conferred upon the competent authority by this Act; but where compensation in respect of the doing of anything aforesaid would, apart from this section, be payable both under this Act and some other written law, then subject to such agreement, the compensation will be payable in accordance with this Act and not otherwise. |
| Establishment of manpower register |
37.—(1) A competent authority must cause to be kept and maintained a register of all persons in Singapore and of citizens of Singapore residing overseas who are required to be registered under this Act and any person who is so required to be registered under this Act must furnish to the competent authority such particulars about himself or herself as is required by this Act.| (2) The register must be in such form and must contain such particulars as the Minister may require. |
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| Competent authority may require undertakings to furnish returns |
| 38.—(1) For the purpose of obtaining information on the availability of manpower and other resources for the defence of the country or for the securing of public safety, a competent authority may issue requisitions to any person carrying on any undertaking to furnish particulars and supply any information in relation to any matter which are required to be furnished to the competent authority by this Act. [10/2008] | (2) A requisition must be in writing and must be served upon the person to whom it is addressed in the manner specified in section 41 and must specify the particulars of information required. |
(3) A requisition may —| (a) | specify the form in which and the time within which the particulars and information are to be furnished; | | (b) | require the particulars and information to be furnished periodically at or within such time or times and in such form or forms as are specified in the requisition; and | | (c) | specify the place or manner at or in which the particulars and information are to be delivered. |
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| (4) No person is bound to furnish any particulars or information other than those which are accessible to the person in or derived by the person from any business, occupation or work in the conduct or supervision of which the person is engaged. |
| (5) Any person who fails to furnish any information to the competent authority pursuant to a request made by the competent authority under this section 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. |
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| Modifications to vehicles, vessels or aircraft for defence and public safety purposes |
| 39.—(1) Subject to subsections (2) and (3), a competent authority may direct the owners of vehicles, vessels or aircraft to carry out such modifications or install any equipment to their vehicles, vessels or aircraft which are useful for defence or public safety purposes. [10/2008] | (2) The competent authority must pay for the cost of any modifications or any equipment directed to be carried out or installed to a vehicle, vessel or aircraft pursuant to this section. |
| (3) The owner of a vehicle, vessel or aircraft must not be required to make any modification or install any equipment which would render the owner’s vehicle, vessel or aircraft unfit for the purpose for which the vehicle, vessel or aircraft is being used by the owner. |
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| Record and inspection of vehicles, etc. |
40.—(1) The Minister may make regulations to require persons having in their possession vehicles, vessels or aircraft, if required to do so by such competent authority or person as may be specified in the regulations —| (a) | to furnish to such competent authority or person as may be so specified a return containing such particulars as to the vehicles, vessels or aircraft, as may be required by or under the regulations; and | | (b) | to provide all reasonable facilities for enabling any such vehicles, vessels or aircraft, in their possession to be inspected and examined, at such times as may be specified by or under those regulations, by such authority or person as may be so specified. |
| (2) Without affecting any penalty under section 45, if any person is obstructed in the exercise of the powers of inspection conferred on the person by regulations made under this section a Magistrate may, if satisfied by information on oath that the person has been obstructed, issue a search warrant authorising an authorised officer named therein, accompanied by that person, to enter the premises in respect of which the obstruction took place and to inspect any vehicles which may be found in the premises. |
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| 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] |
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| Service by certain modes only with addressee’s consent |
| (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. |
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[26/89] [Act 10 of 2024 wef 01/05/2024] |
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| Knowledge of notice of requisition or order |
(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] |
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| Order, notice, direction or requisition to remain in force until compliance or revocation |
| (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] |
| Conditions and revocation |
| (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] |
| Ignorance of order, notice, direction or requisition not an excuse |
| (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] |
| Documents to be served in proceedings in court |
| (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; |
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| “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] |
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| Vehicles used for purposes of this Act |
42.—(1) When Part 3 is in force, any person who is in possession of a certificate or document issued to him or her by a competent authority authorising the person to drive or requisition a vehicle of a class or description specified in such certificate or document may drive any such vehicle requisitioned under this Act or hired for the purposes of the armed forces or the civil defence force, and that certificate or document is deemed to be a driving licence for the purposes of section 35 of the Road Traffic Act 1961.| (2) A person using any vehicle pursuant to a requisitioning order under this Act is deemed, as respects any claim in respect of injury or damage to any other person or property, to be so using the vehicle as an employee of the Government. |
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| Liability of Government for person ordered to carry out work |
| 43. Any person carrying out any work pursuant to a direction issued by the competent authority under section 17 is deemed, as respects any claim in respect of death or injury sustained by the person, to be an employee of the Government. |
44.—(1) Any police officer or any authorised officer may without a warrant arrest any person who has committed an offence under this Act or any regulations made under this Act.| (2) Where a person is arrested and not released, he or she must without unreasonable delay and in any case within 24 hours (excluding the time of any necessary journey) be produced before a Magistrate. |
| (3) In any case relating to the commission of an offence under this Act or any regulations made under this Act, an authorised officer has all the powers of a police officer under the Criminal Procedure Code 2010 in relation to an investigation into an arrestable offence. |
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45. Any person who —| (a) | fails to furnish any chattel which the person is directed to furnish pursuant to a requisitioning order, or fails to furnish any such chattel at the time and place at which the person is directed to furnish it; | | (b) | refuses or without lawful excuse neglects to furnish any information which under this Act or the regulations made under this Act is to be furnished within the time within which it is to be furnished; | | (c) | knowingly furnishes or causes to be furnished any information required to be furnished under this Act or the regulations made under this Act which is false in any material particular; | | (d) | refuses to answer, or wilfully gives a false answer to, any question necessary for obtaining any information or particulars required to be furnished under this Act or the regulations made under this Act; | | (e) | being a person liable to be registered under this Act, fails to register or fails to register within the prescribed time; | | (f) | refuses, or without lawful excuse neglects, to attend at any place or time at which the person’s attendance is required under this Act; | | (g) | wilfully obstructs any person in the discharge of the person’s duties under this Act or the regulations made under this Act; or | | (h) | contravenes or fails to comply with any provision of this Act, or any order or direction made or given by a competent authority or any requirement imposed under any provision of this Act, |
| 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. |
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| Offences by bodies corporate |
46.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a body corporate in relation to a particular conduct, evidence that —| (a) | an officer, employee or agent of the body corporate engaged in that conduct within the scope of his or her actual or apparent authority; and | | (b) | the officer, employee or agent had that state of mind, |
| is evidence that the body corporate had that state of mind. |
(2) Where a body corporate commits an offence under this Act, a person —| (a) | who is —| (i) | an officer of the body corporate; or | | (ii) | an individual involved in the management of the body corporate and in a position to influence the conduct of the body corporate in relation to the commission of the offence; and |
| | (b) | who —| (i) | consented or connived, or conspired with others, to effect the commission of the offence; | | (ii) | is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the body corporate; or | | (iii) | knew or ought reasonably to have known that the offence by the body corporate (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, |
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| shall be guilty of that same offence as is the body corporate and shall be liable on conviction to be punished accordingly. |
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| (3) A person mentioned in subsection (2) may rely on a defence that would be available to the body corporate if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the body corporate would bear. |
(4) To avoid doubt, this section does not affect the application of —| (a) | Chapters 5 and 5A of the Penal Code 1871; or | | (b) | the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. |
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| (5) To avoid doubt, subsection (2) also does not affect the liability of the body corporate for an offence under this Act, and applies whether or not the body corporate is convicted of the offence. |
(6) In this section —| “body corporate” includes a limited liability partnership; |
“officer”, in relation to a body corporate, means any director, partner, chief executive, manager, secretary or other similar officer of the body corporate, and includes —| (a) | any person who was purporting to act in any such capacity; and | | (b) | for a body corporate whose affairs are managed by its members, any of those members as if the member were a director of the body corporate; |
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“state of mind” of a person includes —| (a) | the knowledge, intention, opinion, belief or purpose of the person; and | | (b) | the person’s reasons for the intention, opinion, belief or purpose. [Act 10 of 2024 wef 01/05/2024] |
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| Offences by unincorporated associations or partnerships |
46A.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —| (a) | an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and | | (b) | the employee or agent had that state of mind, |
| is evidence that the unincorporated association or partnership had that state of mind. |
(2) Where an unincorporated association or a partnership commits an offence under this Act, a person —| (a) | who is —| (i) | an officer of the unincorporated association or a member of its governing body; | | (ii) | a partner in the partnership; or | | (iii) | an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and |
| | (b) | who —| (i) | consented or connived, or conspired with others, to effect the commission of the offence; | | (ii) | is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or | | (iii) | knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, |
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| shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. |
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| (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. |
(4) To avoid doubt, this section does not affect the application of —| (a) | Chapters 5 and 5A of the Penal Code 1871; or | | (b) | the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. |
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| (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. |
(6) In this section —“officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes —| (a) | any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and | | (b) | any person purporting to act in any such capacity; |
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| “partner” includes a person purporting to act as a partner; |
“state of mind” of a person includes —| (a) | the knowledge, intention, opinion, belief or purpose of the person; and | | (b) | the person’s reasons for the intention, opinion, belief or purpose. [Act 10 of 2024 wef 01/05/2024] |
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| Jurisdiction of District and Magistrate’s Courts |
| 47. Despite any written law, a District Court or Magistrate’s Court has jurisdiction to try any offence under this Act and to impose the maximum penalty provided for by this Act. |
48.—(1) The Minister may make regulations for any purpose for which regulations may be made under this Act and for prescribing anything which may be prescribed under this Act and generally for the purpose of carrying this Act into effect.(2) Without limiting the foregoing powers, the Minister may make regulations with respect to any of the following matters or for any of the following purposes:| (a) | for requiring persons to register under this Act and to supply such particulars about themselves as may be prescribed by the regulations and to report to registration centres established for the purposes of this Act; | | (b) | for requiring persons carrying on any undertaking to allow authorised officers to enter and inspect their premises for the purpose of verifying the returns given to the competent authority under this Act; | | (c) | for any incidental matters for which the Minister thinks it expedient to provide with a view to securing compliance with the requirements of or any directions or orders given or made under this Act. |
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| (3) All regulations made under this Act must be published in the Gazette and must be presented to Parliament as soon as possible after publication. |
| (4) If, pursuant to a motion notice of which has been given for a sitting day not later than the first available sitting day of Parliament next after the expiry of one month from the date when the regulations are so presented, a resolution is passed annulling the regulations or any part thereof as from a specified date, the regulations or such part thereof, as the case may be, then become void as from that date but without affecting the validity of anything previously done thereunder or to the making of new regulations. |
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