Building and Construction Authority Act 1999

“Authority” means the Building and Construction Authority established under section 3;

“Board” means the Construction Industry Development Board established under section 3 of the repealed Construction Industry Development Board Act (Cap. 51, 1985 Revised Edition);

“Chairperson” means the Chairperson of the Authority and includes any acting Chairperson of the Authority;

“Chief Executive” means the Chief Executive of the Authority, and includes any individual acting in that capacity;

“construction industry” means the industry concerning the carrying out of construction works and services;

“construction works and services” includes all aspects of architectural, engineering, development and construction works and services including such other related production, design and consultancy works and services which result in the construction, maintenance, retrofitting, repair or removal of all types of buildings and infrastructure;

“Deputy Chairperson” means the Deputy Chairperson of the Authority;

“member” means a member of the Authority.

All deeds and other documents requiring the seal of the Authority must be sealed with the common seal of the Authority and all instruments to which the common seal is affixed must be signed by any 2 members generally or specially authorised by the Authority for the purpose or by one member and the Chief Executive.

All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Authority affixed to any document and presume that it was duly affixed.

The Authority consists of

The Minister may appoint the Chief Executive to be a member of the Authority.

A member of the Authority holds office for the term not exceeding 3 years that the Minister specifies in the appointment, and may be re‑appointed.

Any member of the Authority may at any time by written notice to the Minister resign his or her office.

The Minister may, at any time, revoke the appointment of any member without giving any reason.

If a member dies or resigns or has his or her appointment revoked, the Minister may appoint a person to fill the vacancy for the remainder of the term for which the vacating member was appointed.

The Authority must pay to the Chairperson, the Deputy Chairperson and other members of the Authority such salaries, fees and allowances as the Minister may determine.

The quorum at every meeting of the Authority is the higher of the following:

The Chairperson or, in his or her absence, the Deputy Chairperson presides at all meetings of the Authority and, in their absence, the members present must elect one of their number to preside.

Meetings of the Authority must be held at such times and places as the Chairperson may determine.

All questions arising at any meeting must be decided by a majority of votes of the members present and voting.

At any meeting of the Authority, the Chairperson or, in his or her absence, the Deputy Chairperson has a deliberative vote and, in the case of an equality of votes, he or she also has a casting vote.

The validity of any proceedings of the Authority is not affected by any vacancy among its members or by any defect in the appointment of any member.

Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Authority may regulate its own proceedings.

Subject to the provisions of this Act, the functions and duties of the Authority are

In addition to the functions and duties imposed by subsection (1), the Authority may undertake such other functions and duties as the Minister may in writing assign to the Authority and, in so doing, the Authority is deemed to be fulfilling the purposes of this Act and the provisions of this Act apply to the Authority in respect of such functions and duties.

The Minister may give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018.[9

The Authority may appoint, alter and discharge committees, consisting of one or more persons (whether members of the Authority or not), and define and vary the terms of reference of those committees.

Subject to this Act and any regulations made under this Act, the Public Sector (Governance) Act 2018 and to the control of the Authority, each committee appointed under this section may regulate its procedure in such manner as it thinks fit.[11

The Authority may, in respect of a specified matter or class of matters, by writing delegate any of its powers to a member, officer or committee of the Authority.

Every member, officer or committee purporting to act pursuant to a delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

A delegation under this section is revocable at will.[12

There must be a Chief Executive of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.

The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive

The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.[13

A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Authority, be sent without delay to the Minister.

The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates.

The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Authority, and the Authority is bound by the Minister’s decision.[17

The Authority must open and maintain an account or accounts with such bank or banks as the Authority thinks fit and every such account must be operated by such person or persons authorised to do so by the Authority.

The moneys of the Authority must be applied only in payment or discharge of the expenses, obligations and liabilities of the Authority and in making any payments that the Authority is authorised or required to make.

The Authority may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.[20

As from 1 April 1999, any movable and immovable property vested in the Board, or in the Government that are determined by the Minister for Finance and used or managed by the Building Control Division of the Public Works Department and all assets, interests, rights, privileges, liabilities and obligations of the Board or of the Government relating to the Building Control Division of the Public Works Department are transferred to and vest in the Authority without further assurance, act or deed.

If any question arises as to whether any particular property, or whether any particular asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Authority under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested.

Any immovable property to be transferred to and vested in the Authority under subsection (1) is to be held by the Authority upon such tenure and subject to such terms and conditions as the President may determine.[25

As from 1 April 1999, all persons employed immediately before that date by the Board and in the Building Control Division of the Public Works Department are transferred to the service of the Authority on terms no less favourable than those enjoyed by them immediately prior to their transfer.

Until such time as terms and conditions of service are drawn up by the Authority, the scheme and terms and conditions of service in the Board or the Government (as the case may be) continue to apply to every person transferred to the service of the Authority under subsection (1) as if he or she were still in the employment of the Board or the Government.[26

The terms and conditions to be drawn up by the Authority must take into account the terms and conditions of service (including salaries and accrued rights to leave) enjoyed by the persons transferred to the service of the Authority under section 21 while in the employment of the Board or the Government.

Any term or condition relating to the length of service with the Authority must recognise the length of service of the persons so transferred while in the employment of the Board or the Government to be service with the Authority.

Nothing in the terms and conditions to be drawn up by the Authority is to adversely affect the conditions that would have been applicable to persons transferred to the service of the Authority as regards any pension, gratuity or allowance payable under the Pensions Act 1956.

In every case, where a person has been transferred to the service of the Authority under section 21, the Government is liable to pay to the Authority such portion of any pension, gratuity or allowance payable to such person on his or her retirement as the same bears to the proportion which the aggregate amount of the person’s pensionable emoluments during his or her service with the Government bears to the aggregate amount of his or her pensionable emoluments during his or her service under both the Government and the Authority.

Where any person in the service of the Authority, whose case does not fall within the scope of any pension or other schemes established under this section, retires or dies in the service of the Authority or is discharged from such service, the Authority may grant to the person or to such other person or persons wholly or partly dependent on the person, as the Authority thinks fit, such allowance or gratuity as the Authority may determine.[27

Where on 1 April 1999 any disciplinary proceedings were pending against any employee of the Board or the Government transferred to the service of the Authority, the proceedings are to be carried on and completed by the Authority; but where on 1 April 1999 any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order or decision had been rendered thereon, the committee is to complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that date.

Any order, ruling or direction made or given by a committee pursuant to this section must be treated as an order, a ruling or a direction of the Authority and have the same force or effect as if it had been made or given by the Authority pursuant to the authority vested in the Authority under this Act.[30

“assisting officer” means a public officer or an employee of a public authority who is not a police officer, an officer of customs or an immigration officer, but who has been authorised by the Authority by name to assist an enforcement officer;

“authorised analyst” means any person (who is not an employee of the Authority) or body of persons designated by the Authority under section 39 as authorised to carry out any inspection, examination and certification of any essential construction material under this Part and includes any enforcement officer;

“building works” has the meaning given by the Building Control Act 1989;

“consignment”, in relation to any essential construction material, means essential construction material of a particular kind that comprises a single lot imported by the same owner at the same time;

“container” includes

“conveyance” means any vessel, vehicle or aircraft;

“enforcement officer” means

“essential construction material” means any of the following materials which are suitable for use in any building works, street works or railway works in Singapore and the domestic supply of which is short:

“granite” means

“immigration officer” means any person appointed under section 3 of the Immigration Act 1959;

“import” means to bring or cause to be brought into Singapore by land, water or air from any place which is outside Singapore, but does not include the bringing into Singapore of essential construction material which is to be taken out of Singapore on the same conveyance on which it was brought into Singapore without any landing or transhipment within Singapore;

“import permit” means an import permit granted under section 34 to import a particular consignment of essential construction material;

“isolation order” means an order issued or deemed to be issued under section 36 in respect of a consignment of essential construction material;

“licence” means a licence granted under section 31 to carry on the business of importing essential construction material specified in the licence;

“licensee” means a person who holds a valid licence;

“occupier” means

“officer of customs” has the meaning given by the Customs Act 1960;

“procure” means to acquire (by purchase or exchange) and to import essential construction materials;

“railway works” means any works for the construction, reconstruction or realignment, or the permanent improvement of a railway;

“sand” means any sand or gravel that is suitable for use as fine aggregate in any building works, street works or railway works in Singapore, but excludes any unwashed or unprocessed marine-dredged sand or gravel;

“site”, in relation to any essential construction material, means any land or land underwater outside Singapore

“storage permit” means any storage permit granted under section 35 in respect of such premises as may be specified in the storage permit;

“street works” has the meaning given by the Street Works Act 1995;

“supply”, in relation to any essential construction material, means to transfer possession of the essential construction material by any means whether or not for reward, and includes –

“vehicle” means a conveyance that is designed to be propelled or drawn by any means (whether or not capable of being so propelled or drawn) and includes

“vessel” means any kind of craft used in navigation by sea or water, however propelled or moved, and includes

Subject to the provisions of this Part, a person must not carry on any business of importing any essential construction material unless the person is authorised to do so under a valid licence.

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.

This section does not prevent a corporation or limited liability partnership that ceases to have in force a licence from carrying on any activity necessary to the winding up of the corporation or limited liability partnership.[31B

Subject to the provisions of this Part, a licensee must not import any essential construction material unless

Any licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 2 years or to both.

In any proceedings for an offence under subsection (2), it is a defence for the accused to prove

If in any case the defence provided by subsection (3) involves the allegation that the commission of the offence was due to the act or default of another person, the accused is not, without the leave of the court, entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, the accused has served on the prosecutor a written notice giving such information as was then in the accused’s possession identifying or assisting in the identification of that other person.[31C

Any licensee who imports any consignment of essential construction material (whether or not under an import permit) must not

Any licensee must not use any premises to store any consignment of essential construction material that he or she imports and is subject to an isolation order except

Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.[31D

Every application for a licence or for a renewal of a licence must be made to the Authority in the prescribed manner and accompanied by the appropriate application fee prescribed.

An applicant for a licence or for a renewal of a licence must, at the request of the Authority, provide any further information or evidence that the Authority may require to decide the application.

Upon receiving an application for a licence or for a renewal of a licence under subsection (1), the Authority must consider the application and, subject to section 40(7)(c), may

To avoid doubt, a licence does not authorise its holder

Every licence is, unless earlier revoked, valid for such period as may be specified in the licence (being not longer than 24 months) and, upon its expiry, the licence may be renewed.

Any person who, in making an application for a licence

A person who applies for a licence is eligible to be granted a licence if, and only if

In deciding whether to grant a licence, the Authority may make inquiries and investigations that are reasonable and appropriate in the circumstances so as to be satisfied as to

The Authority may require an applicant for a licence to satisfy the Authority that the applicant has sufficient material and financial resources available to enable the applicant to meet the applicant’s financial obligations as and when they become due, and may refuse to grant a licence to an applicant who fails to so satisfy it.[31F

The Authority may

Before modifying the conditions of a licence under this section, the Authority must give notice to the licensee concerned

Upon receipt of any written representation mentioned in subsection (2)(b), the Authority must

Every application for an import permit to import any consignment of essential construction material must

The licensee applying for an import permit to import a consignment of essential construction material must, at the request of the Authority

The evaluation mentioned in subsection (2)(a) may be carried out by

Upon receiving an application for an import permit under subsection (1), the Authority must consider the application and the report of the evaluation mentioned in subsection (2)(a) relating to the essential construction material to be imported, and may

Despite subsection (4), the Authority must refuse to grant an import permit to any licensee whose licence is suspended or who is the subject of any proceedings under section 40.

Every import permit is, unless earlier cancelled, valid for such period as may be specified in the import permit (being not longer than 14 days) and may be extended.

To avoid doubt, an import permit to import any consignment of essential construction material does not authorise the holder of the import permit

Any person who, in making an application for an import permit

Every application by a licensee for a storage permit in respect of any premises for storing essential construction material that is subject to an isolation order must be made to the Authority in the prescribed manner.

An applicant for a storage permit must, at the request of the Authority, provide any further information or evidence that the Authority may require to decide the application.

Upon receiving an application for a storage permit in respect of any premises under subsection (1), the Authority must consider the application and may

Before granting a licensee any storage permit in respect of any premises, the Authority may

Every storage permit is, unless earlier cancelled, valid for such period as may be specified in the storage permit (being not longer than 3 months) except that such period may be extended by the Authority before the expiry of the storage permit in any particular case.

Any person who, in making an application for any storage permit

The Authority may issue an isolation order in respect of any imported consignment of essential construction material upon its entry into Singapore.

Except as provided in subsection (3), every consignment of essential construction material imported (whether or not under an import permit) is, upon its entry into Singapore, deemed subject to an isolation order until the Authority lifts the isolation order in accordance with section 38.

Despite subsection (2), the Authority or an enforcement officer may, before the entry into Singapore of a consignment of essential construction material, by written notice to the licensee importing the consignment waive the application of subsection (2) in respect of that consignment.

Upon the entry into Singapore of the consignment of essential construction material that is subject to an isolation order, the licensee importing that consignment must, before doing any of the following:

Where a licensee who has imported any essential construction material fails to comply with subsection (4), the licensee 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 12 months or to both.

An enforcement officer or assisting officer or any other person acting by or under the authority of the Authority may at any time take, without payment, sufficient samples of any essential construction material from a consignment thereof imported by a licensee (whether in any premises or in any conveyance that is being used to transport the consignment) for the purpose of evaluation by an authorised analyst for the purposes of this Part, regardless of whether that consignment is subject to an isolation order.

All samples of any material taken in accordance with subsection (4) or (6) must be taken and dealt with as prescribed.

The costs of and incidental to the evaluation of any essential construction material required by this section must be borne by the Authority.[31J

The evaluation of any essential construction material for the purposes of this Part must include such analysis, test or examination of the essential construction material as may be prescribed to determine the following matters:

An evaluation of any essential construction material for the purposes of this Part may be carried out only by an authorised analyst.

An authorised analyst must, on completing an evaluation of any essential construction material for the purposes of this Part, issue to the Authority a certificate stating the authorised analyst’s findings, and submit a copy of that certificate to the Authority within the prescribed time.

Upon receiving any certificate of an authorised analyst under subsection (3) relating to any consignment of essential construction material imported by a licensee, the Authority must without delay consider the findings of the authorised analyst to determine whether the essential construction material is of acceptable quality for use in any building works, street works or railway works in Singapore.

Any quantity of any essential construction material found in any premises or in or on any conveyance at the time when a sample thereof is taken pursuant to the provisions of this Part is, until the contrary is proved, presumed to possess the same properties as the sample.[31K

This section applies to any essential construction material the quality of which the Authority determines is not acceptable for use in any building works, street works or railway works in Singapore (called hereafter failed construction material).

Where the Authority, after considering the findings of an authorised analyst in relation to any consignment of essential construction material imported by a licensee, is satisfied that the essential construction material is of acceptable quality for use in any building works, street works or railway works in Singapore, the Authority must by written notice to the licensee concerned immediately lift the isolation order (if any) to which the consignment of essential construction material is subject.

Where the Authority, after considering the findings of an authorised analyst, is of the view that a consignment of essential construction material imported by a licensee is failed construction material, the Authority may by written notice

Where the failed construction material is a sample taken for evaluation under section 36(4), the licensee to whom a notice in subsection (3)(b) is given must

Where the failed construction material is a sample taken for evaluation under section 36(6), the licensee to whom a notice in subsection (3)(b) is given must, in addition to complying with the requirements of subsection (4)(a) and (b), at the licensee’s own expense and within the prescribed time, notify in the prescribed manner

Where a licensee to whom subsection (4) or (5) applies fails to remove the failed construction material and other essential construction material from Singapore or destroy or otherwise dispose of it in accordance with the manner prescribed

Subsection (4)(b) does not prejudice the enforcement by any person of any right or claim against a licensee on whom a direction under that subsection is served or by such a licensee of any right or claim against any person.

The licensee concerned must bear the costs of and incidental to any evaluation of any essential construction material required in connection with the licensee seeking the approval of the Authority under subsection (4)(b).[31L

The Authority shall, by regulations, establish a scheme under which persons (who are not employees of the Authority) or bodies of persons may be designated as authorised analysts to carry out any evaluation of any essential construction material for the purposes of this Part, making provision for or with respect to the following:

The Authority may, in accordance with the scheme established under subsection (1), designate any person (who is not an employee of the Authority) or body of persons in Singapore as authorised to carry out any evaluation of any essential construction material for the purposes of this Part.

A person must not exercise the functions of an authorised analyst under this Part or hold himself or herself out as one unless the person is designated by the Authority in accordance with the scheme established under subsection (1).

Any person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.

Subject to subsection (6), in any proceedings for an offence under this Part, a certificate of an authorised analyst stating, in respect of any sample from a consignment of essential construction material, all or any of the following matters:

A certificate mentioned in subsection (5) shall not be received in evidence under that subsection unless the person charged has been given

Where an authorised analyst’s certificate is admitted in evidence under subsection (5), the person charged may require the authorised analyst to be called as a witness for the prosecution and the authorised analyst may be cross-examined as if the authorised analyst had given evidence of the matters stated in the certificate.[31M

Subject to subsection (3), the Authority may, by order, revoke any licence if it is satisfied that

The Authority may, in any case in which it considers that no cause of sufficient gravity for revoking any licence exists, by order do all or any of the following:

The Authority must not exercise its powers under subsection (1) or (2) unless an opportunity of being heard by a representative in writing or by counsel had been given to the licensee against which the Authority intends to exercise its powers, being a period of at least 7 and not more than 14 days.

Where the Authority has made an order under subsection (1) or (2) in respect of any licensee, the Authority must serve on the licensee concerned a notice of its order made under this section.

Subject to subsection (6), any order made by the Authority under subsection (1) or (2) takes effect on the expiry of 7 days after the Authority has served the order on the licensee concerned.

Where the licensee concerned has appealed under section 42 to the Minister against an order made by the Authority under subsection (2)(b), the order does not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister or withdrawn.

Where an order of revocation takes effect

Subsection (7)(b) does not prejudice the enforcement by any person of any right or claim against the corporation or limited liability partnership formerly licensed, or by the corporation or limited liability partnership formerly licensed, of any right or claim against any person.

In any proceedings under this section in relation to the conviction of a licensee for a criminal offence, the Authority is to accept the licensee’s conviction as final and conclusive.[31N

The Authority may, after calling upon the licensee concerned to show cause within such reasonable time as the Authority may allow as to why the import permit granted in respect of any consignment of essential construction material to be imported should not be cancelled, by order cancel the import permit if the Authority has reasonable grounds to believe that

Without affecting subsection (1), every import permit granted to any person is deemed cancelled upon the revocation of any licence granted to the same person.

The Authority may, after calling upon the licensee concerned to show cause within such reasonable time as the Authority may allow as to why the storage permit granted in respect of any premises should not be cancelled, by order cancel the storage permit if the Authority has reasonable grounds to believe that

Any person whose application for a licence, an import permit or a storage permit, or for the renewal of a licence, has been refused by the Authority may, within 14 days after being notified of such refusal, appeal in the prescribed manner to the Minister, whose decision is final.

Where a licence, an import permit or a storage permit granted by the Authority is subject to conditions, the licensee or holder of the permit concerned may, within 14 days after being notified of such conditions, appeal in the prescribed manner to the Minister, whose decision is final.

If the Authority has made any order

In any appeal under this section in relation to the conviction of a licensee for a criminal offence, the Minister on appeal from any order of the Authority is to accept the licensee’s conviction as final and conclusive.[31P

For the purpose of the administration and enforcement of this Part, any enforcement officer, officer of customs or immigration officer or, subject to subsection (12), any assisting officer may

In exercising his or her power under subsection (1)(a) or (b), an enforcement officer, officer of customs, immigration officer or any assisting officer may

The Authority may, by written notice, require any licensee who imports or supplies any essential construction material to cease (whether immediately or within such time as the Authority may specify) the import or supply of such material if

Where any item has been seized under subsection (1)(d)

Any person who, without the authority of an enforcement officer, officer of customs, immigration officer or assisting officer

For the purposes of subsection (1)(e), where any document or record required by an enforcement officer, officer of customs, immigration officer or assisting officer is kept in electronic form, then

Any copy of or extract from any document or record made under subsection (1)(f) and certified as such by the enforcement officer, officer of customs, immigration officer or assisting officer is admissible as evidence in any proceedings under this Part.

Any person who, when required by an enforcement officer, officer of customs, immigration officer or assisting officer under subsection (1)(e) to provide any information or produce for inspection any document or record, refuses or fails, without reasonable excuse, to provide the information or to produce the document or record within the time allowed by the officer concerned 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 6 months or to both.

Any person who, when required by an enforcement officer, officer of customs, immigration officer or assisting officer under subsection (1)(e) to provide any information or produce any document or record, in compliance or purported compliance with such requirement, provides the officer concerned any information, document or record which the person knows is false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.

Any person who fails, without reasonable excuse, to comply with any written notice given to the person

All samples of any material taken in accordance with subsection (1)(c) or (g) are to be dealt with as prescribed.

Despite anything in this section, an assisting officer who is not a police officer, an officer of customs or an immigration officer is not authorised by this section to assist in searching or arresting any person.[31Q

The court before which any person is tried for an offence under this Part may make an order for the forfeiture of any item which has been seized under the provisions of this Part if the court is satisfied that

Where no party raises the question of forfeiture under subsection (1), the court may consider the question on its own motion.

The court may make an order under subsection (1) for the forfeiture of any item which has been seized under the provisions of this Part even though no person has been convicted of an offence.

If the court, having regard to the circumstances of the case, does not think it fit to order the forfeiture of any item which has been seized under the provisions of this Part, the court must order that the item be released to the owner of the item or the person entitled to the item.

If no prosecution is instituted with regard to any item which has been seized under the provisions of this Part, and no claim is made for the item under section 43(4)(b), the item to which the notice relates is deemed to be forfeited.

Where the owner of any item seized under the provisions of this Part consents to its disposal, the item is upon such consent deemed to be forfeited.

Any item forfeited or deemed to be forfeited under this section must be delivered to the Authority or an officer of the Authority and be disposed of in such manner as the Authority thinks fit.

The costs of the disposal of any item under subsection (7) are to be borne by the owner of that item.[31R

The Authority must keep a register of licensees containing

A person may, on payment of the prescribed fee, if any

A certificate purporting to be signed by the Authority certifying that a person was or was not licensed under this Part on a specified date or during a specified period is admissible in any proceedings as evidence of the matters stated in the certificate.[31S

The Minister may, by order in the Gazette, exempt any person or class of persons, any premises or class of premises, or any essential construction material from all or any of the requirements of any provision in this Part.

Without affecting subsection (1), nothing in this Part prohibits or prevents any person not licensed under this Part from importing

The Authority may, with the approval of the Minister, make regulations for carrying out the provisions of this Part and for the due administration thereof and, in particular, for or with respect to all or any of the following matters:

All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.[31U

The Authority has the exclusive right to the use of such symbol or representation as it may select or devise and thereafter display or exhibit in connection with its activities or affairs.

Any person who uses a symbol or representation identical to that of the Authority, or which so resembles the Authority’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, 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 6 months or to both.[33

Any person who obtains payment of any grant or loan or any other form of financial assistance from the Authority by means of any false or misleading statement or any document that is false or misleading in any particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both.

Where a person is convicted of an offence under this section, the court may, in addition to imposing a penalty under this section, order the person to repay the amount of any money wrongfully obtained.

Where an order has been made under subsection (2), a certified copy of the order may be filed in a court having civil jurisdiction to the extent of the amount ordered to be repaid and the order is thereupon enforceable in all respects as the final judgment of that court.[34

Any person who obstructs, hinders or impedes any enforcement officer or assisting officer within the meaning of Part 7 or any other person acting under the direction of the Authority in the performance or execution of his or her duty or anything which he or she is authorised, empowered or required to do under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.

Any person who alters, suppresses, conceals or destroys any document which the person is or is liable to be required, by or under this Act, to produce to an enforcement officer or assisting officer within the meaning of Part 7 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.

Every police officer, officer of customs or immigration officer, and every enforcement officer and assisting officer within the meaning of Part 7 when exercising any powers under that Part or other provisions of this Act must

It is not an offence for any person to refuse to comply with any request, demand or order made or given by

Where an offence committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of

Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

Where an offence committed by a partnership is proved

Where an offence committed by an unincorporated association (other than a partnership) is proved

In this section —

“body corporate” includes a limited liability partnership (which has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005);

“offence” means an offence under this Act or any regulations made under this Act;

“officer”

“partner” includes a person purporting to act as a partner.

The Minister may make regulations providing for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.[34B

The Chief Executive or any officer of the Authority duly authorised by the Chief Executive to do so 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 not exceeding the lower of the following:

On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.

All sums collected under this section must be paid to the Authority.[34C

Subject to subsection (3), any document required or authorised to be served under this Act may be served

Where any notice or other document required or authorised to be served under this Act is sent

Service of any document under this Act on a person by electronic communication may be effected only if the person gives an email address as part of the person’s address for service.

This section does not apply to notices and documents to be served in proceedings in court.[34E

Any scheme, contract, document, certificate, licence, permission or resolution prepared, made, granted or approved under the repealed Construction Industry Development Board Act (Cap. 51, 1985 Revised Edition), so far as it is not inconsistent with the provisions of this Act, continues and is deemed to have been prepared, made, granted or approved under this Act.

Any subsidiary legislation made under the repealed Construction Industry Development Board Act (Cap. 51, 1985 Revised Edition) and in force immediately before 1 April 1999, so far as it is not inconsistent with the provisions of this Act, continues in force as if made under this Act until it is revoked by subsidiary legislation made under this Act.

Where in any written law reference is made to