Division 1 — Administration and enforcement
[11/2013]
Appointment of assistants
137.—(1)  Subject to subsection (2), the Authority may appoint any person to exercise any of its powers or perform any of its functions or duties under this Act, either generally or in any particular case, except the power to make subsidiary legislation.
[23/2003]
(2)  The Authority may, by notification in the Gazette, appoint one or more of its officers to exercise the power to grant an exemption to any person (not being an exemption granted to a class of persons) under a provision of this Act specified in the Second Schedule, or to revoke any such exemption.
[23/2003]
(3)  Any person appointed by the Authority under subsection (1) is deemed to be a public servant for the purposes of the Penal Code 1871.
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Exemption
138.—(1)  The Authority may, by regulations, exempt any person or class of persons from all or any of the provisions of this Act, subject to such terms or conditions as may be prescribed.
[11/2013]
(2)  Without limiting subsection (1), the Authority may make regulations to exempt any person or class of persons from section 4 or 75 and, in making these regulations, the Authority may make such provisions as it thinks fit to regulate the person or class of persons, whether by modification of provisions of this Act or by imposing such other requirements or restrictions as may be prescribed.
[23/2003]
(3)  The Authority may, on the application of any person, exempt the person from all or any of the provisions of this Act or any direction by written notice if the Authority considers it appropriate to do so in the circumstances of the case.
[23/2003]
(4)  An exemption under subsection (3) —
(a)may be granted subject to such terms or conditions as the Authority may specify by written notice; and
(b)need not be published in the Gazette.
(5)  The Authority may at any time —
(a)revoke any exemption granted under this section; or
(b)add to, vary or revoke any term or condition prescribed under subsection (1), or imposed under subsection (4) by written notice, or prescribe or impose a term or condition where none had been prescribed or imposed earlier.
[52
[11/2013]
Statistics
139.—(1)  Without limiting section 154(1), regulations may provide —
(a)for the collection by or on behalf of the Authority, at such intervals or on such occasions as may be prescribed, of statistical information as to such matters relevant to insurance as may be prescribed; and
(b)for the collection and use of statistical information for any purpose, whether or not connected with insurance.
(2)  Without limiting section 154(1) and (4), the Authority may prescribe or specify in directions the form or manner in which statistical information is to be provided by Singapore insurers or insurance intermediaries to the Authority.
[23/2003]
(3)  No use may be made of any information obtained by or on behalf of the Authority by virtue only of this section except in a form which does not disclose the affairs of any particular person.
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Service of notice, etc.
140.—(1)  Unless otherwise expressly provided in this Act, any notice, order or document required or authorised by this Act to be given to or served on any person may be given to or served on the person —
(a)by delivering it to the person or to some adult member or employee of his or her family or household at his or her last known place of residence;
(b)by leaving it at his or her usual or last known place of residence or business in an envelope addressed to him or her;
(c)by sending it by registered post addressed to the person at his or her usual or last known place of residence or business; or
(d)in the case of a body corporate, a partnership or a body of persons —
(i)by delivering it to the secretary or other like officer of the body corporate, partnership or body of persons at its registered office or principal place of business; or
(ii)by sending it by registered post addressed to the body corporate, partnership or body of persons at its registered office or principal place of business.
(2)  Any notice, order or document sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person to whom the letter is addressed at the time when the letter would, in the ordinary course of post, be delivered.
(3)  When proving service of the notice, order or document, it is sufficient to prove that the envelope containing the notice, order or document was properly addressed, stamped and posted by registered post.
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Electronic service
141.—(1)  The Authority may provide an electronic service for the service of any document that is required or authorised by this Act to be given to or served on any person.
[11/2013]
(2)  For the purposes of the electronic service, the Authority may assign to any person —
(a)an authentication code; and
(b)an account with the electronic service.
[11/2013]
(3)  Despite section 140, where any person has given consent for any document to be served on the person through the electronic service, the Authority may serve the document on that person by transmitting an electronic record of the document to that person’s account with the electronic service.
[11/2013]
(4)  Where a person has given consent for a document to be served on the person through the electronic service, the document is deemed to have been served at the time when an electronic record of the document enters the person’s account with the electronic service.
[11/2013]
(5)  Despite any other written law, in any proceedings under this Act —
(a)an electronic record of any document that was served through the electronic service; or
(b)any copy or print-out of that electronic record,
is admissible as evidence of the facts stated or contained therein if that electronic record, copy or print-out —
(c)is certified by the Authority to contain all or any information served through the electronic service in accordance with this section; and
(d)is duly authenticated in the manner specified in subsection (7).
[11/2013]
(6)  To avoid doubt —
(a)an electronic record of any document that was served through the electronic service; or
(b)any copy or print-out of that electronic record,
is not inadmissible in evidence merely because the document was served without the delivery of any equivalent document or counterpart in paper form.
[11/2013]
(7)  For the purposes of this section, a certificate —
(a)giving the particulars of —
(i)any person whose authentication code was used to serve the document; and
(ii)any person or device involved in the production or transmission of the electronic record of the document, or the copy or print-out thereof;
(b)identifying the nature of the electronic record or copy or print-out thereof; and
(c)purporting to be signed by the Authority or by a person occupying a responsible position in relation to the operation of the electronic service at the relevant time,
is sufficient evidence that the electronic record, copy or print-out has been duly authenticated, unless the court, in its discretion, calls for further evidence on this issue.
[11/2013]
(8)  Where the electronic record of any document, or a copy or print‑out of that electronic record, is admissible under subsection (5), it is presumed, until the contrary is proved, that the electronic record, copy or print-out accurately reproduces the contents of that document.
[11/2013]
(9)  The Authority may make regulations which are necessary or expedient for carrying out the purposes of this section, including regulations prescribing the procedure for the use of the electronic service and the procedure in circumstances where there is a breakdown or interruption of the electronic service.
[11/2013]
(10)  In this section, unless the context otherwise requires —
“account with the electronic service”, in relation to any person, means a computer account within the electronic service which is assigned by the Authority to that person for the storage and retrieval of electronic records relating to that person;
“authentication code”, in relation to any person, means an identification or identifying code, a password or any other authentication method or procedure which is assigned to that person for the purposes of identifying and authenticating the access to and use of the electronic service by that person;
“document” includes notice and order;
“electronic record” has the meaning given by section 2 of the Electronic Transactions Act 2010.
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[11/2013]
General provisions as to offences
142.—(1)  Any person who —
(a)signs any document lodged with the Authority under section 94, 95 or 119(1)(a); or
(b)provides the Authority with any information under or for the purposes of any other provision of this Act,
must use due care to secure that the document or information is not false in any material particular; and if the person does not use due care in this behalf and the document or information is false in a material particular, the person shall be guilty of an offence.
[16/2011; 11/2013]
(2)  Any person who is guilty of an offence under subsection (1) shall be liable on conviction —
(a)in the case of an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both; or
(b)in any other case, to a fine not exceeding $250,000.
[11/2013]
(3)  Any person who is guilty of any breach of a duty imposed on the person by this Act or any direction issued by the Authority under section 154(4) shall be guilty of an offence and, where no penalty is expressly provided, shall be liable on conviction —
(a)in the case of an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction; or
(b)in any other case, to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.
[11/2013]
(4)  Where an offence under this Act is committed by any corporation, any person who, at the time of the commission of the offence, is a director, manager, secretary or other similar officer of that corporation, or is purporting to act in that capacity, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless the person proves that he or she exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised, having regard to the nature of his or her functions in that capacity and to all the circumstances.
[23/2003]
(5)  Where an offence under this Act is committed by a corporation, being an offence consisting in the breach of a duty imposed only on corporations, any individual guilty of the offence (whether under subsection (4) or otherwise) shall be liable on conviction to imprisonment for a term not exceeding 2 years in addition to or in substitution for any fine.
[23/2003; 11/2013]
(6)  For the purpose of any proceedings under subsection (1)(a), a document purporting to be signed by any person is presumed to have been signed by the person, unless the contrary is proved.
(7)  The Authority may 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 of money not exceeding one half of the amount of the maximum fine that is prescribed for that offence.
[11/2013]
(8)  The Authority may compound any offence under this Act (including an offence under a provision that has been repealed) which —
(a)was compoundable at the time the offence was committed; but
(b)has ceased to be so compoundable,
by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding one half of the amount of the maximum fine prescribed for that offence at the time it was committed.
[11/2013]
(9)  On payment of the sum of money referred to in subsection (7) or (8), no further proceedings are to be taken against that person in respect of the offence.
[11/2013]
(10)  All sums collected by the Authority under subsection (7) or (8) must be paid into the Consolidated Fund.
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[11/2013]
Penalties for corporations
143.—(1)  Subject to subsection (2), where a corporation is convicted of an offence under this Act, the penalty that the court may impose is a fine not exceeding 2 times the maximum amount that the court could, but for this subsection, impose as a fine for that offence.
[23/2003]
(2)  Subsection (1) does not apply to any offence under this Act —
(a)in respect of the breach of a duty imposed only on corporations; or
(b)for which different penalties are prescribed in this Act (other than section 142(5)) for individuals and for other persons found guilty of the offence.
[11/2013]
(3)  Where an individual is convicted of an offence under this Act by virtue of section 142(4), the individual shall be liable to the fine or imprisonment or both as prescribed for that offence and subsection (1) does not apply.
[55A
Jurisdiction of court
144.  Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court and a Magistrate’s Court have jurisdiction to try any offence under this Act and have power to impose the full penalty or punishment in respect of any offence under this Act.
[56
Extraterritoriality of Act
145.—(1)  Where a person does an act partly in and partly outside Singapore which, if done wholly in Singapore, would constitute an offence against any provision of this Act, that person shall be guilty of that offence as if the act were carried out by that person wholly in Singapore, and may be dealt with as if the offence were committed wholly in Singapore.
(2)  Where —
(a)a person does an act outside Singapore which has a substantial and reasonably foreseeable effect in Singapore; and
(b)that act would, if carried out in Singapore, constitute an offence under section 4, 8, 70 or 75,
that person shall be guilty of that offence as if the act were carried out by that person in Singapore, and may be dealt with as if the offence were committed in Singapore.
(3)  The Authority may, by regulations, specify the circumstances under which subsection (2) does not apply.
[56A