PART 8 | 54.—(1) The Board may, in writing, appoint a member or an employee of the Board, a public officer or any other person as an investigator, subject to any conditions and limitations that the Board may specify, to investigate the commission of an offence under this Act. [36/2017] (2) An investigator may, for the purposes of subsection (1) —| (a) | by order in writing require any person —| (i) | to provide any information within the person’s knowledge; | | (ii) | to produce any document or other record, or any article or thing which may be in the person’s custody or possession and which may be related to or connected with the subject matter of the investigation for inspection by the investigator and for making copies, or to provide copies of such document or other record; and | | (iii) | if necessary, to attend at a specified time and place for the purpose of complying with sub‑paragraph (i) or (ii); |
| | (b) | by order in writing require the attendance before the investigator of any person who, from any information given or otherwise, appears to be acquainted with the facts and circumstances of the matter under investigation; and | | (c) | examine orally any person apparently acquainted with the facts and circumstances of the matter under investigation, and to reduce into writing the answer given or statement made by that person who is bound to state truly the facts and circumstances with which the person is acquainted, and the statement made by that person must be read over to the person and must, after correction (if necessary), be signed by the person. [36/2017] |
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| (3) An investigator may apply to a Magistrate for a search warrant relating to any premises if the investigator has reasonable cause to believe that evidence of the commission of an offence under this Act can be found in the premises. [36/2017] |
| (4) The Magistrate may issue a search warrant if satisfied that there are reasonable grounds to do so. [36/2017] |
(5) A search warrant issued under subsection (4) authorises the investigator to whom it is directed to enter and search the premises referred to in the warrant and to do all or any of the following:| (a) | inspect and make copies of, or take extracts from, or require any person or the person having the management or control of the premises to provide copies of or extracts from, any document, record or electronic material relating to the affairs of the premises or services provided at the premises; | | (b) | take any photographs or video recording that the investigator thinks necessary to record the premises or part of the premises, including any instrument, article, document or record found on the premises; | | (c) | seize and remove from the premises any record, document, or any other material which the investigator reasonably believes to be the subject matter of, or to be connected with, an investigation under subsection (1). [36/2017] |
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(6) Any person who —| (a) | intentionally offers any resistance to or wilfully delays an investigator in the exercise of any power under subsection (2) or pursuant to a search warrant issued under subsection (4); or | | (b) | fails to comply with any requisition or order of an investigator under subsection (2), |
| 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. |
[31K [36/2017] |
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| Application of fees, etc., received by Board |
55.—(1) All fees payable under this Act must be paid to the Board to be applied — | (a) | first, to defraying expenses of registration and other expenses of the administration of this Act, including any expenses of the Board that may be allowed under any rules; and | | (b) | thereafter, to providing scholarships and the promotion of learning and education in connection with engineering. |
| (2) The Registrar must take and receive all moneys payable to the Board under this Act. |
| (3) All fees and other moneys payable to the Board under this Act must be paid forthwith into a bank account approved by the Board. |
| (4) The Board may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [32 [45/2004] |
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| Financial penalties payable into Consolidated Fund |
| 56. All financial penalties collected by the Board under this Act must be paid into the Consolidated Fund. [33 [36/2017] |
| 57. Every member and employee of the Board is, in relation to his or her administration, assessment, collection and enforcement of payment of any financial penalty imposed under this Act, taken to be a public officer for the purposes of the Financial Procedure Act 1966; and section 20 of that Act applies to each of these persons even though he or she is not or was not in the employment of the Government. [33A [36/2017] |
| Penalty for wilful falsification of register and for wrongfully procuring registration, etc. |
58. Any person who —| (a) | wilfully makes or causes to be made any false entry in or falsification of any register kept and maintained under this Act; | | (b) | wilfully procures or attempts to procure —| (i) | for any corporation, partnership or limited liability partnership any licence; or | | (ii) | for himself or herself or any other person a practising certificate or to be registered as a professional engineer under this Act, |
| by making or producing or causing to be made or produced any false or fraudulent representation or declaration, either verbally or in writing, or by intentionally suppressing any material fact and providing information which is misleading; or |
| | (c) | knowingly aids or assists in any of the acts mentioned in paragraph (a) or (b), |
| 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. |
[34 [27/2005] |
59.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —| (a) | an officer, employee or agent of the corporation 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 corporation had that state of mind. |
[36/2017] (2) Where a corporation commits an offence under this Act, a person —| (a) | who is —| (i) | an officer of the corporation; or | | (ii) | an individual involved in the management of the corporation and is in a position to influence the conduct of the corporation 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 corporation; or | | (iii) | knew or ought reasonably to have known that the offence by the corporation (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 corporation, and shall be liable on conviction to be punished accordingly. |
[36/2017] |
| (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation 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 corporation would bear. [36/2017] |
(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. [36/2017] |
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| (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. [36/2017] |
(6) In this section —| “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005; |
“officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes —| (a) | any person purporting to act in any such capacity; and | | (b) | for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; |
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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. [35 [36/2017] |
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| Offences by unincorporated associations or partnerships |
60.—(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 the 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. |
[36/2017] (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 who is 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. |
[36/2017] |
| (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. [36/2017] |
(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. [36/2017] |
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| (5) To avoid doubt, subsection (2) also does not affect the liability of the unincorporated association or partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. [36/2017] |
(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. [35A [36/2017] |
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61.—(1) The Board may, with the approval of the Minister, make rules for carrying out the purposes of this Act and for any matter which is required under this Act to be prescribed.(2) Without limiting subsection (1), the Board may, with the approval of the Minister, make rules —| (a) | prescribing forms of applications under this Act and certificates of registration, practising certificates and licences; | | (b) | prescribing the fees payable under this Act; | | (c) | prescribing the subject matter of examinations to be conducted by or under the direction of the Board in the case of any applicant or class of applicants for registration; | | (d) | prescribing the form of the register of professional engineers, register of practitioners and register of licensees to be kept and the particulars to be entered therein; | | (e) | prescribing a code of professional conduct and ethics; | | (f) | requiring all or any of the following to take out and maintain insurance against liability for breach of professional duty in the course of supplying professional engineering services:| (i) | any partnership consisting wholly of registered professional engineers; | | (ii) | any partnership or unlimited corporation applying for a licence; | | (iii) | any registered professional engineer applying for a practising certificate for the purpose of engaging in professional engineering practice on his or her own account; | | (iv) | any registered professional engineer applying for a practising certificate who is employed or about to be employed by any person or body referred to in sub‑paragraphs (i) to (iii); | | (v) | any other registered professional engineer applying for a practising certificate; |
| | (g) | prescribing the terms and conditions of insurance against professional liability under this Act or rules, including a minimum limit of indemnity; and | | (h) | generally providing for any other matters that may be necessary or expedient for carrying out the provisions of this Act. |
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| (3) All rules made under this section must be presented to Parliament as soon as possible after publication in the Gazette. [36 |
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62.—(1) The Minister may, by order and subject to any conditions that the Minister thinks fit, exempt any person or class of persons from all or any of the provisions of this Act.| (2) Any order made under this section must be presented to Parliament as soon as possible after publication in the Gazette. [37 |
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| No action in absence of bad faith or malice |
| 63. No action or proceedings shall lie against the Board, any committee appointed by the Board under this Act, or any member thereof for any act or thing done under this Act unless it is proved to the court that the act or thing was done in bad faith or with malice. [38 [27/2005] |
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