PART 8 | Service of notices, orders or other documents |
60.—(1) Any notice, order or other document required or authorised by this Act to be served on any person may be served —| (a) | by delivering it to the person or to an adult member or employee of his or her family or household at his or her usual or 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 the person; | | (c) | by sending it by post to him or her at his or her usual or last known place of residence or place of business in Singapore; | | (d) | in the case of a body corporate (including a limited liability partnership), by —| (i) | delivering it to the secretary of the body corporate or similar officer, or the manager of the limited liability partnership, at the body corporate’s registered office or principal office; or | | (ii) | sending it by post to the secretary or similar officer or manager (as the case may be) at that registered office or principal office; [Act 13 of 2024 wef 09/04/2024] |
| | (da) | in the case of a partnership (other than a limited liability partnership), by —| (i) | delivering it to any partner or other similar officer of the partnership; or | | (ii) | sending it by post to the partnership’s business address; [Act 13 of 2024 wef 09/04/2024] |
| | (e) | if the document is to be served on the master of a vessel or on a person on board a vessel, by delivering it to any person being or appearing to be in command or charge of the vessel; or | | (f) | if the document is to be served on the master of a vessel and there is no master, by serving it on the owner of the vessel or on the agent of the owner or, where no such agent is known or can be found, by affixing it on a conspicuous part of the vessel. |
(1A) In addition, any notice, order or other document required or authorised by this Act to be served on any person may be served —| (a) | by sending it by email to the last email address of the person; | | (b) | by sending a text message to the last mobile telephone number of the person using short message service, and such text message may include the address of a website on which the conditions or other information relating to the notice, order or other document is published; or | | (c) | by giving an electronic notice to the person by the person’s chosen means of notification, and such electronic notice may include the address of a website on which the conditions or other information relating to the notice, order or other document is published. [Act 13 of 2024 wef 09/04/2024] |
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| (1B) However, service of any notice, order or other document under this Act on a person under subsection (1A) may be effected only with that person’s prior consent (express or implied) to service in that way. [Act 13 of 2024 wef 09/04/2024] |
| (1C) A notice, order or other document served in accordance with subsection (1A) takes effect at the time the notice, order or document becomes capable of being retrieved by the person to whom it is served. [Act 13 of 2024 wef 09/04/2024] |
| (2) Any notice, order or other document required by this Act to be served on the owner or occupier of any premises or vessel or on the master of any vessel is deemed to be properly addressed if addressed by the description of the “owner” or “occupier” or “master” of the premises or vessel (as the case may be) without specifying any further name or description. |
| (2A) Any notice, order or other document required by this Act to be served on the owner of any vehicle is deemed to be properly addressed if addressed by the description of the “owner” of the vehicle without specifying any further name or description. [Act 13 of 2024 wef 09/04/2024] |
| (3) A notice, order or other document required by this Act to be served on the owner or occupier of any premises may be served by delivering it to an adult person on the premises or, if there is no such person on the premises to whom the same can with reasonable diligence be delivered, by affixing it on a conspicuous part of the premises. |
| (4) This section does not apply to any document to be served in proceedings in court. [Act 13 of 2024 wef 09/04/2024] |
(5) In this section —| “chosen means of notification” means an electronic means that the addressee nominates to the person giving or serving the notice, order or document as the means by which the addressee may be notified that such a notice, order or document has been served on the addressee; |
“last email address” means —| (a) | the last email address given by the addressee to the person giving or serving the notice, order or other document as the email address for the service of notices, orders or documents under this Act; or | | (b) | the last email address of the addressee known to the person giving or serving the notice, order or document; |
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“last mobile telephone number” means —| (a) | the last mobile telephone number given by the addressee to the person giving or serving the notice, order or other document as the mobile telephone number for the service of notices, orders or documents under this Act; or | | (b) | the last mobile telephone number of the addressee known to the person giving or serving the notice, order or document. [Act 13 of 2024 wef 09/04/2024] |
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| Default in compliance with notice, order or document |
| 61. Where any person is charged with an offence under this Act in respect of a default in complying with a requirement of a notice, order or other document, it is a defence for the person to prove that the person had a reasonable excuse for the default. [Act 13 of 2024 wef 09/04/2024] |
| Inaccuracies in documents |
62.—(1) Any misnomer or inaccurate description of any person, thing or place named or described in any document prepared, issued or served under or for the purposes of this Act does not in any way affect the operation of this Act as respects that person, thing or place if that person, thing or place is so designated in the document as to be identifiable.| (2) No proceedings taken under this Act shall be invalid for want of form. |
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| 63.—(1) All records, registers and other documents kept by the Director‑General of Public Health, the Director‑General, Food Administration, the Director-General of Health, any Port Health Officer, Health Officer, adjunct Health Officer or officer of the Board for the purposes of this Act are deemed to be public documents, and copies thereof or extracts therefrom certified by the officer responsible for the custody thereof to be true copies or extracts (as the case may be) subscribed by such officer with his or her name and his or her official title are admissible in evidence as proof of the contents of the documents or extracts from the documents. [11/2019] [Act 11 of 2023 wef 01/05/2023] [Act 13 of 2024 wef 09/04/2024] (2) In any proceedings for the recovery of costs and expenses incurred by the Director‑General of Public Health, the Director‑General, Food Administration, the Director-General of Health, a Port Health Officer, a Health Officer or an adjunct Health Officer, a certificate purporting to be under the hand of the Director‑General of Public Health, the Director‑General, Food Administration or the Director-General of Health and specifying —| (a) | the costs and expenses claimed as due and payable; and | | (b) | the person named in the certificate as liable for the payment of the costs and expenses, |
| is prima facie evidence of the facts certified and of the signature of the Director‑General of Public Health, the Director‑General, Food Administration or the Director-General of Health thereto, as the case may be. |
[11/2019] [Act 11 of 2023 wef 01/05/2023] [Act 13 of 2024 wef 09/04/2024] |
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| Obstruction of persons executing power, etc. |
64. Any person who —| (a) | in any way hinders or obstructs or assists in hindering or obstructing any person in the exercise of any power conferred by this Act; or | | (b) | being required to provide any information or documents under this Act (including as a condition of any order, notice or requirement made or given), provides any information or document which the person knows to be false or misleading, |
| shall be guilty of an offence. |
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65. Any person guilty of an offence under this Act for which no penalty is expressly provided shall —| (a) | in the case of a first offence, be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; and | | (b) | in the case of a second or subsequent offence, be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Offences triable by Magistrate’s Court |
| 66. Every offence under this Act may be tried by a Magistrate’s Court, and that Court may, despite anything in the Criminal Procedure Code 2010, award the full punishment with which the offence is punishable. |
| Protection from personal liability |
| 67. No liability shall lie personally against the Director‑General of Health, the Director‑General of Public Health, the Director‑General, Food Administration or any Health Officer, adjunct Health Officer, Port Health Officer or police officer who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act. [5/2019; 11/2019] [Act 11 of 2023 wef 01/05/2023] [Act 13 of 2024 wef 09/04/2024] |
| Immunity from liability for disclosure |
67A. No person commits an offence under any written law or any breach of confidence, incurs any civil liability or is liable to any disciplinary action by a professional body, by virtue merely of disclosing any information or providing any thing, in good faith and with reasonable care —| (a) | in accordance with any requirement under this Act; or | | (b) | as authorised by the Director-General of Health under section 57B. [5/2019] [Act 11 of 2023 wef 01/05/2023] |
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67B.—(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. |
[5/2019] (2) Where a corporation commits an offence under this Act, a person —| (a) | who is —| (i) | an officer of the corporation, or a member of a corporation (in the case where the affairs of the corporation are managed by its members); or | | (ii) | an individual involved in the management of the corporation and 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. |
[5/2019] |
| (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. [5/2019] |
(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. [5/2019] |
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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. [5/2019] |
(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 any person purporting to act in any such capacity; |
“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. [5/2019] |
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| Offences by unincorporated associations or partnerships |
67C.—(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. |
[5/2019] (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 that unincorporated association or partnership, and shall be liable on conviction to be punished accordingly. |
[5/2019] |
| (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. [5/2019] |
(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. [5/2019] |
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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. [5/2019] |
(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. [5/2019] |
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| 68.—(1) The Director-General of Health may compound any offence under this Act that is not mentioned in subsection (2) or (3) but is prescribed as a compoundable offence by the appropriate Minister under section 73, by collecting from a person reasonably suspected of having committed the offence a sum described in subsection (4). [5/2019; 11/2019] [Act 11 of 2023 wef 01/05/2023] | (2) The Director-General of Public Health may compound any offence under sections 28, 29, 33 to 37 and 40 to 45 if that is prescribed as a compoundable offence by the appropriate Minister under section 73, by collecting from a person reasonably suspected of having committed the offence a sum described in subsection (4). [5/2019; 11/2019] [Act 11 of 2023 wef 01/05/2023] |
| (3) The Director-General, Food Administration may compound any offence under section 38 or 39 if that is prescribed as a compoundable offence by the appropriate Minister under section 73, by collecting from a person reasonably suspected of having committed the offence a sum described in subsection (4). [11/2019] |
(4) The composition sum for the purposes of compounding a compoundable offence under subsection (1), (2) or (3) is a sum not exceeding the lower of the following:| (a) | one half of the amount of the maximum fine that is prescribed for the offence; | | (b) | $5,000. [5/2019] |
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| (5) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. [5/2019] |
| (6) All sums collected under this section must be paid into the Consolidated Fund. [5/2019] |
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| Fees, etc., collected by Director‑General of Health and Director‑General of Public Health |
| 69.—(1) All fees, charges and moneys collected by the Director-General of Health in connection with the administration of this Act must be paid into the Consolidated Fund. [11/2019] [Act 11 of 2023 wef 01/05/2023] | (2) All fees, charges and moneys collected by the Director‑General of Public Health in connection with the administration of this Act must be paid to the Agency. [11/2019] [Act 11 of 2023 wef 01/05/2023] [Act 11 of 2023 wef 01/05/2023] |
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| Recovery of fees and charges |
| 69A. Except for any fee, charge or money mentioned in section 69(2), any fee or charge payable under this Act may be recovered as a debt due to the Government. [Act 13 of 2024 wef 09/04/2024] |
| 70. The appropriate Minister may, by notification in the Gazette, amend any of the Schedules. |
| 71. The appropriate Minister may, subject to such conditions and for such period or periods as he or she thinks fit, exempt any person, premises, vessel, vehicle or article or any class of persons, premises, vessels, vehicles or articles from any of the provisions of this Act. |
| Other written law not affected |
| 72. Except so far as may be expressly provided in this Act, nothing in this Act limits or affects in any way any other written law. |
73.—(1) The appropriate Minister may make regulations for carrying out the purposes and provisions of this Act for which he or she is responsible.(2) Without limiting subsection (1), the appropriate Minister may make regulations with respect to all or any of the following matters:| (a) | the establishment and maintenance of quarantine stations for persons and animals, and for regulating the management of the stations; | | (b) | the cleansing, disinfecting, fumigating and treatment of vessels, vehicles and premises; [Act 13 of 2024 wef 09/04/2024] | | (c) | the prohibition on import, export or transhipment of infected merchandise, articles or clothing; | | (d) | the prescribing of measures to be taken for the prevention of the spread or transmission of infection by means of any vessel or vehicle departing from any infected area of Singapore; | | (e) | the prohibition and regulation of the removal of fodder, litter, dung, human dejecta, wastewater and other things; | | (f) | the prescribing of the notification and supply of information by medical practitioners of cases of infectious diseases treated by them; | | (g) | the prohibition and regulation of vaccinations and other prophylaxis and the issuance of certificates relating thereto; | | (h) | the prescribing of any measure, the prohibition of any act, or the imposing of a duty to do any act, necessary to prevent or control the spread or possible outbreak of an infectious disease; | | (i) | the prescribing of fees and charges and of any matter which by this Act is required to be prescribed. [10/2008; 5/2019] |
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| (3) The appropriate Minister may, in making any regulations, provide that any contravention of or failure to comply with any regulation shall be an offence punishable with a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
(4) The appropriate Minister may, in making regulations, specify —| (a) | different prescribed times and prescribed infectious diseases in relation to different classes of persons who are required to notify the Director-General of Health under section 6; and [Act 11 of 2023 wef 01/05/2023] | | (b) | for the purposes of section 21B —| (i) | the relevant operators or classes of relevant operators to whom a written order may be given; | | (ii) | the relevant persons or classes of relevant persons to whom a relevant operator or class of relevant operators may be required to disseminate any health advisory; and | | (iii) | the types of information that may be obtained from different relevant operators or classes of relevant operators. [Act 13 of 2024 wef 09/04/2024] |
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