PART 1 | AMENDMENT OF COMPETITION ACT 2004 |
2. In the Competition Act 2004, in section 2(1) —| (a) | after the definition of “Commission”, insert —| “ “consumer” and “consumer transaction” have the meanings given by section 2(1) of the Consumer Protection (Fair Trading) Act 2003; |
| “consumer goods” means any goods to which Part 3 of the Consumer Protection (Trade Descriptions and Safety Requirements) Act 1975 applies, whether or not supplied in the course of a consumer transaction; |
“consumer protection” means all or any of the following:| (a) | promoting fair trading practices among suppliers and consumers and enabling consumers to make informed decisions about consumer transactions in Singapore; | | (b) | preventing suppliers in Singapore from engaging in unfair trading practices in relation to consumer transactions; | | (c) | promoting and enforcing the supply of safe consumer goods in Singapore and the provision of relevant safety information about consumer goods;”; and |
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| | (b) | after the definition of “investigating officer”, insert —“ “legal metrology” means —| (a) | the use of uniform weights and measures; | | (b) | the use of accurate weighing or measuring instruments for trade; and | | (c) | the provision of relevant information relating to quantity in the supply of goods;”. |
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3. In the Competition Act 2004, in section 6(1) —| (a) | in paragraphs (e) and (i), replace “and consumer protection matters” with “, consumer protection and legal metrology”; | | (b) | after paragraph (f), insert —| “(fa) | to promote among suppliers in Singapore, and educate consumers on, the following practices:| (i) | the supply of safe consumer goods; | | (ii) | the provision of relevant safety information about consumer goods; | | (iii) | legal metrology;”; |
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| | (c) | in paragraph (g), after “unfair practices”, insert “and prevent the supply of unsafe consumer goods in Singapore”; and | | (d) | after paragraph (h), insert —| “(ha) | to administer and enforce the Weights and Measures Act 1975;”. |
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4. In the Competition Act 2004, in section 8 —| (a) | replace the section heading with —| “Directions of Minister, etc.”; |
| | (b) | renumber the section as subsection (1) of that section; and | | (c) | after subsection (1), insert —“(2) Without limiting subsection (1), the Minister may give any direction to the Commission that is necessary in the circumstances if it appears to the Minister to be requisite or expedient to do so —| (a) | in the interests of relations with the government of another country; or | | (b) | in order to —| (i) | discharge or facilitate the discharge of an obligation binding on the Government by virtue of it being a member of an international organisation or a party to an international agreement; | | (ii) | attain or facilitate the attainment of any other object the attainment of which is in the Minister’s opinion requisite or expedient in view of the Government being a member of an international organisation or a party to an international agreement; or | | (iii) | enable the Government to become a member of an international organisation or a party to an international agreement. |
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(3) To avoid doubt, the Minister is entitled —| (a) | to information in the possession of the Commission; and | | (b) | where the information is in or on a document, to have, and make and retain copies of, that document. |
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(4) For the purposes of this section, the Minister may request the Commission —| (a) | to provide information to the Minister; or | | (b) | to give the Minister access to information. |
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| (5) The Commission must give effect to any direction given to it under subsection (1) or (2) and must comply with a request under subsection (4). |
| (6) The Commission must not disclose any direction given or request made under this section if the Minister notifies the Commission that, in the Minister’s opinion, disclosure of the direction or request is against the public interest. |
| (7) In this section, “information” means information specified, or of a description specified, by the Minister that relates to the functions of the Commission.”. |
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| 5. In the Competition Act 2004, in section 90(b), replace “or agent” with “, agent or committee member”. |
| Amendment of Part 7 heading |
| 6. In the Competition Act 2004, in Part 7, in the Part heading, after “TRANSFER OF UNDERTAKINGS”, insert “RELATING TO FAIR TRADING FUNCTIONS”. |
7. In the Competition Act 2004, after Part 7, insert —“PART 8 TRANSFER OF UNDERTAKINGS RELATING TO
PRODUCT SAFETY FUNCTIONS AND
LEGAL METROLOGY FUNCTIONS
TO COMMISSION |
| Interpretation of this Part |
101. In this Part —“asset”, in relation to the transferor, means property of any kind (whether tangible or intangible, whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether actual or contingent) of the transferor on the eve of the transfer date and includes, without limitation, any —| (a) | legal or equitable interest in real or personal property, whether situated in Singapore or elsewhere; | | (b) | chose in action; | | (c) | money or securities; | | (d) | plant and equipment, whether situated in Singapore or elsewhere; | | (e) | intellectual property; | | (f) | infrastructure, whether situated in Singapore or elsewhere; | | (g) | records; and | | (h) | right; |
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“legal metrology functions” means the following functions:| (a) | promoting among suppliers in Singapore, and educating consumers on, legal metrology; | | (b) | administering and enforcing the Weights and Measures Act 1975; | | (c) | acting internationally as the national body representative of Singapore in respect of legal metrology; | | (d) | advising the Government, any public authority or any consumer protection organisation on national needs and policies in respect of legal metrology; |
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| “liability”, in relation to the transferor, means any liability, duty or obligation (whether actual or contingent, liquidated or unliquidated, and whether owed alone or jointly, or jointly and severally, with any other person) of the transferor on the eve of the transfer date; |
“product safety functions” means the following functions:| (a) | promoting among suppliers in Singapore, and educating consumers on, the supply of safe consumer goods and the provision of relevant safety information about consumer goods; | | (b) | preventing the supply of unsafe consumer goods in Singapore; | | (c) | acting internationally as the national body representative of Singapore in respect of promoting and enforcing —| (i) | the supply of safe consumer goods in Singapore; and | | (ii) | the provision of relevant safety information about consumer goods; |
| | (d) | advising the Government, any public authority or any consumer protection organisation on national needs and policies in respect of promoting and enforcing —| (i) | the supply of safe consumer goods in Singapore; and | | (ii) | the provision of relevant safety information about consumer goods; |
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| “records”, in relation to the transferor, means registers, papers, documents, minutes, receipts, books of account and other records, however compiled, recorded or stored, of the transferor existing on the eve of the transfer date; |
| “right”, in relation to the transferor, means any right, power, privilege or immunity of the transferor on the eve of the transfer date; |
| “transfer date” means the date of commencement of section 7 of the Competition (Amendment) Act 2025; |
| “transferor” means the Enterprise Singapore Board established by section 3 of the Enterprise Singapore Board Act 2018. |
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| Transfer of undertakings to Commission |
102.—(1) On the transfer date, all the assets and liabilities of the transferor that relate solely or mainly to the product safety functions or legal metrology functions, or both, are transferred to the Commission.(2) When any asset or liability of the transferor is transferred under subsection (1), the following provisions have effect:| (a) | the asset that is the subject of the transfer vests in the Commission by virtue of this section and without the need for any further conveyance, transfer, assignment or assurance; | | (b) | the liability that is the subject of the transfer becomes by virtue of this section the liability of the Commission; | | (c) | all legal or other proceedings relating to that asset or liability started before the transfer date by or against the transferor (or a predecessor of the transferor) and pending immediately before that date are taken to be proceedings pending by or against the Commission; | | (d) | any legal or other proceedings relating to that asset or liability which could have been started immediately before the transfer date by or against the transferor (or a predecessor of the transferor) may be started by or against the Commission; | | (e) | a judgment or order of a court or other tribunal obtained before the transfer date by or against the transferor (or a predecessor of the transferor) relating to that asset or liability may be enforced by or against the Commission; | | (f) | any document relating to legal or other proceedings relating to that asset or liability that has been served on or by the transferor (or a predecessor of the transferor) before the transfer date is taken, where appropriate, to have been served on or by the Commission; | | (g) | any act, matter or thing done or omitted to be done before the transfer date in relation to that asset or liability by, to or in respect of the transferor (or a predecessor of the transferor) is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Commission; | | (h) | a reference to the transferor (or a predecessor of the transferor) in any written law, any instrument made under any Act, any contract, agreement, arrangement or undertaking, or any document of any kind, to the extent to which the reference relates to that asset or liability, is taken to be, or to include, a reference to the Commission; | | (i) | any agreement relating to that asset or liability and to which the transferor (or a predecessor of the transferor) is a party becomes enforceable by or against the Commission. |
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(3) The operation of this section does not —| (a) | constitute a breach of, or default under, any Act or other law, or otherwise a civil wrong or criminal wrong; | | (b) | constitute a breach of duty of confidence (whether arising by contract, in equity, by custom, or in any other way); | | (c) | constitute a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities or the disclosure of any information; | | (d) | terminate any agreement or obligation, or fulfil any condition that allows a person to terminate any agreement or obligation, or give rise to any right or remedy in respect of any agreement or obligation; | | (e) | frustrate any contract or cause any contract or instrument to be void or otherwise unenforceable; | | (f) | release any surety, other obligor or other obligee wholly or in part from any obligation; or | | (g) | constitute an event of breach of, or default under, any contract or other instrument. |
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| 103. On the transfer date, the records of the transferor that relate solely or mainly to the product safety functions or legal metrology functions, or both, become the records of the Commission. |
| Confirmation of transfers |
104.—(1) If any dispute arises —| (a) | as to whether an asset or a liability, or a record, is transferred under section 102 or 103; or | | (b) | as to whether any, or part of any, contract or document relates to an asset, a liability or a record transferred under section 102 or 103, |
| the Minister charged with the responsibility for finance may determine the matter and must provide the concerned parties with written notice of that determination. |
| (2) The determination of the Minister charged with the responsibility for finance under subsection (1) is final and binding on the transferor and the Commission.”. |
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| Amendment of Second Schedule |
8. In the Competition Act 2004, in the Second Schedule —| (a) | after item 5, insert —| “5A. To designate or recognise any person that performs conformity assessment, testing or certification, relating to the product safety of consumer goods, and to regulate such persons. |
| 5B. To perform any conformity assessment or testing relating to the product safety of consumer goods.”; and |
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| | (b) | after item 7, insert —| “7A. To enter into memoranda of understanding or other similar arrangements with any person in or outside Singapore for the purpose of performing its functions or discharging its duties. |
| 7B. Without affecting section 9, to appoint any person or committee (from among the members of the Commission or persons who are not members) to advise the Commission on matters relating to the Commission’s functions and powers that are referred to that person or committee by the Commission.”. |
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