COVID-19 (TEMPORARY MEASURES) ACT 2020 (No. 14 of 2020)
An Act to provide temporary measures, and deal with other matters, relating to the COVID-19 pandemic, and to make a consequential amendment to the Property Tax Act (Chapter 254 of the 2005 Revised Edition). Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
ARRANGEMENT OF SECTIONS Section 1. Short title and commencement PART 1 PRELIMINARY 2. Interpretation 3. Prescribed period PART 2 TEMPORARY RELIEF FOR INABILITY TO PERFORM CONTRACTS Division 1 — Preliminary 4. Application Division 2 — Relief measures 5. Temporary relief from actions for inability to perform scheduled contract 6. Additional relief for inability to perform construction contract or supply contract 7. Additional relief for inability to perform event contract or tourism-related contract 8. Consequences for taking action in contravention of section 5, 6 or 7 Division 3 — Notification for relief 9. Notification for relief Division 4 — Assessor’s determination 10. Registrar of assessors 11. Panel of assessors 12. Application for assessor’s determination 13. Assessor’s determination 14. No representation by advocate and solicitor Section 15. Costs 16. Registrar and assessors treated as public servants 17. Protection from liability Division 5 — Miscellaneous 18. Amendment of Schedule 19. Regulations for this Part PART 3 TEMPORARY RELIEF FOR FINANCIALLY DISTRESSED INDIVIDUALS, FIRMS AND OTHER BUSINESSES Division 1 — Modifications relating to individuals and firms in financial distress 20. Modifications to Bankruptcy Act 21. Modifications to Insolvency, Restructuring and Dissolution Act 2018 Division 2 — Modifications relating to other businesses in financial distress 22. Modifications to Companies Act 23. Modifications to Insolvency, Restructuring and Dissolution Act 2018 24. Modifications to Limited Liability Partnerships Act 25. Modifications to Business Trusts Act 26. Saving and transitional provisions PART 4 TEMPORARY MEASURES FOR CONDUCT OF MEETINGS 27. Alternative arrangements for meetings PART 5 TEMPORARY MEASURES FOR COURT PROCEEDINGS AND SYARIAH COURT PROCEEDINGS 28. Conduct of court proceedings and Syariah Court proceedings using remote communication technology PART 6 TEMPORARY MEASURES CONCERNING REMISSION OF PROPERTY TAX Section 29. Transfer of benefit in relation to property tax remitted 30. Disputes in relation to transfer of benefit 31. Enforcement of determination, etc., of Panel 32. Regulations for this Part 33. Consequential amendment to Property Tax Act PART 7 COVID-19 CONTROL ORDERS 34. Control order to prevent spread of COVID-19 35. Enforcement of control order The Schedule — Scheduled contracts
(a) affect its operation as respects things previously done or omitted to be done; or (b) apply to section 2, 6(5) to (7), 7(2) to (5), 8 or 26 or regulations made under section 26.
(a) any application for an assessor’s determination that is pending on the date of the expiry; and (b) any application for an assessor’s determination made pursuant to saving and transitional provisions made under section 19(2)(f).
“assessor” means a person appointed to the panel of assessors under section 11; “assessor’s determination” means a determination by an assessor under section 13 on an application under section 12; “construction contract” has the meaning given by section 2 of the Building and Construction Industry Security of Payment Act (Cap. 30B); “COVID-19” means the infectious disease known as Coronavirus Disease 2019; “COVID-19 event” means — (a) the COVID-19 epidemic or pandemic; or (b) the operation of or compliance with any law of Singapore or another country or territory, or an order or direction of the Government or any statutory body, or of the government or other public authority of another country or territory, being any law, order or direction that is made by reason of or in connection with COVID-19; “event contract” means a contract for the provision of a venue, accommodation, amenities, transport, entertainment, catering or other goods or services for — (a) a business meeting, incentive travel, conference, exhibition, sales event, concert, show, wedding, party or other social gathering, or sporting event; or (b) the participants, attendees, guests, patrons or spectators of any of the events mentioned in paragraph (a); “Minister” means — (a) except as provided in paragraphs (b) and (c), the Minister charged with the responsibility for law; (b) for the purposes of Part 6, the Minister charged with the responsibility for finance; and (c) for the purposes of Part 7, the Minister charged with the responsibility for health; “notification for relief” means a notification mentioned in section 9(1); “prescribed period” means the period prescribed under section 3; “Registrar” means the Registrar of assessors appointed under section 10(1), and includes any Deputy Registrar of assessors exercising the functions of the Registrar; “scheduled contract” means a contract within a description of contracts set out in the Schedule, but not one that falls within such description of contracts as may be prescribed; “supply contract” has the meaning given by section 2 of the Building and Construction Industry Security of Payment Act; “tourism-related contract” means — (a) a contract for the international carriage of passengers by sea or land; (b) a contract for the provision of transport, short-term accommodation, entertainment, dining, catering, tours or other tourism-related goods or services for visitors to Singapore, domestic tourists or outbound tourists; or (c) a contract for the promotion of tourism in Singapore or the distribution for the purposes of trade or retail of products related to such tourism.
(a) a party to a scheduled contract (called in this Division A) is unable to perform an obligation in the contract, being an obligation that is to be performed on or after 1 February 2020; (b) the inability is to a material extent caused by a COVID-19 event (called in this Division the subject inability); and (c) A has served a notification for relief in accordance with section 9(1) on — (i) the other party or parties to the contract; (ii) any guarantor or surety for A’s obligation in the contract; and (iii) such other person as may be prescribed.
(a) the expiry of the prescribed period; (b) the withdrawal by A of A’s notification for relief; (c) on an application under section 9(2), the assessor makes a determination that the case in question is not one to which this section applies.
(a) the commencement or continuation of an action in a court against A or A’s guarantor or surety; (b) the commencement or continuation of arbitral proceedings under the Arbitration Act (Cap. 10) against A or A’s guarantor or surety; (c) the enforcement of any security over any immovable property; (d) the enforcement of any security over any movable property used for the purpose of a trade, business or profession; . Example Plant and machinery. (e) the making of an application under section 210(1) of the Companies Act (Cap. 50) for a meeting of creditors to be summoned to approve a compromise or an arrangement in relation to A or A’s guarantor or surety; (f) the making of an application for a judicial management order in relation to A or A’s guarantor or surety; (g) the making of an application for the winding up of A or A’s guarantor or surety; (h) the making of a bankruptcy application against A or A’s guarantor or surety; (i) the appointment of a receiver or manager over any property or undertaking of A or A’s guarantor or surety; (j) the commencement or levying of execution, distress or other legal process against any property of A or A’s guarantor or surety, except with the leave of the court and subject to such terms as the court imposes; (k) the repossession of any goods under any chattels leasing agreement, hire-purchase agreement or retention of title agreement, being goods used for the purpose of a trade, business or profession; . Example A motor car used as a private hire car, that is the subject of a hire-purchase agreement. (l) the termination of a scheduled contract (being a lease or licence of immovable property) where the subject inability is the non-payment of rent or other moneys; (m) the exercise of a right of re-entry or forfeiture under a scheduled contract (being a lease or licence of immovable property), or the exercise of any other right that has a similar outcome; (n) the enforcement against A or A’s guarantor or surety of a judgment of a court, an award made by an arbitral tribunal in arbitral proceedings conducted under the Arbitration Act, or a determination by an adjudicator under the Building and Construction Industry Security of Payment Act; and (o) such other action as may be prescribed.
(a) does not apply in relation to a description of scheduled contracts (or a part of such contract); or (b) applies in relation to a description of scheduled contracts (or a part of such contract) subject to modifications set out in the regulations, and this Part applies in relation to that description of scheduled contracts (or part) as if that paragraph (or part) were omitted or modified in the manner so set out.
(a) the expiry of the prescribed period; (b) the withdrawal by A of A’s notification for relief; (c) on an application under section 9(2), the making of a determination by the assessor that the case in question is not one to which this section applies.
(a) proceedings before a court; (b) arbitral proceedings under the Arbitration Act; (c) such other proceedings as may be prescribed, in relation to the subject inability, that are pending at the time A serves the notification for relief in accordance with section 9(1), must be stayed on the lodgment by A of a copy of the notification for relief with the court, arbitral tribunal, or other person or body before which the proceedings are brought, until the earliest of the following: (d) the expiry of the prescribed period; (e) the withdrawal by A of A’s notification for relief; (f) on an application under section 9(2), the assessor makes a determination that the case in question is not one to which this section applies.
(a) each period mentioned in sections 100(1)(a), (b) and (c) and 103(2) of the Bankruptcy Act (Cap. 20) (as applied by section 329 of the Companies Act, or section 329 of the Companies Act as applied by section 130 of the Variable Capital Companies Act 2018 (Act 44 of 2018)); (b) each period mentioned in sections 330, 331(1) and (2) and 341(2) of the Companies Act (including those provisions as applied by section 130 of the Variable Capital Companies Act 2018); (c) each period mentioned in section 226(1)(a), (b) and (c) of the Insolvency, Restructuring and Dissolution Act 2018 (Act 40 of 2018) (including that provision as applied by section 130 of the Variable Capital Companies Act 2018); (d) each period mentioned in sections 228(2), 229(2)(a) and (b) and 240(2) of the Insolvency, Restructuring and Dissolution Act 2018 (including those provisions as applied by section 130 of the Variable Capital Companies Act 2018); (e) each period mentioned in paragraphs 79(1)(a), (b) and (c), 82(2), 84(1) and 85(1) and (2) of the Fifth Schedule to the Limited Liability Partnerships Act (Cap. 163A).
(a) each period mentioned in sections 100(1)(a), (b) and (c) and 103(2) of the Bankruptcy Act (as applied by section 227T of the Companies Act); (b) the period mentioned in section 341(2) of the Companies Act (as applied by section 227X(b) of the Companies Act); (c) each period mentioned in sections 226(1)(a), (b) and (c), 228(2), 229(2)(a), (b) and (c) and 240(2) of the Insolvency, Restructuring and Dissolution Act 2018.
(a) each period mentioned in sections 100(1)(a), (b) and (c) and 103(2) of the Bankruptcy Act; (b) each period mentioned in sections 363(1)(a), (b) and (c) and 366(2) of the Insolvency, Restructuring and Dissolution Act 2018.
(a) the date of expiry of the performance bond or equivalent as stated in the performance bond or equivalent; or (b) where the term of the performance bond or equivalent is extended whether under subsection (3) or otherwise, the date of expiry of the performance bond or equivalent following such extension.
(a) A makes an application to the issuer of the performance bond or equivalent not less than 7 days before the date of expiry of the performance bond or equivalent, to extend the term of the performance bond or equivalent; and (b) A serves a notice of the application on B at the same time, then the term of the performance bond or equivalent is extended to a date that is 7 days after the end of the prescribed period, or such other date as may be agreed between A, B and the issuer, and that date or other date (as the case may be) is treated as the date of expiry of the performance bond or equivalent.
(a) after A has withdrawn A’s notification for relief; or (b) on an application under section 9(2), after the assessor makes a determination that the case in question is not one to which section 5 applies, and A may not thereafter make an application to the issuer of the performance bond or equivalent for an extension of its term under subsection (3).
(a) any right or obligation under the contract that accrues or arises at any time before or after the period mentioned in subsection (6); or (b) any judgment, arbitral award, adjudication determination under the Building and Construction Industry Security of Payment Act, compromise or settlement given or made before the service of the notification for relief.
(a) the appointment of a receiver or manager over any property or undertaking of a person made in breach of section 5(2); (b) a call on a performance bond or equivalent made in breach of section 6(2); (c) the forfeiture of a deposit or part of a deposit made in breach of section 7(2).
(a) the repossession of any goods under any chattels leasing agreement, hire-purchase agreement or retention of title agreement; (b) the termination of a lease or licence of immovable property where the subject inability is the non-payment of rent or other moneys; (c) the exercise of a right of re-entry or forfeiture under a lease or licence of immovable property, or the exercise of any other right that has a similar outcome.
(a) the other party or parties to the contract; (b) any guarantor or surety for A’s obligation in the contract; and (c) such other person as may be prescribed.
(a) whether the case is one to which section 5 applies; (b) in a case mentioned in section 7, whether it is just and equitable in the circumstances of the case for the deposit or any part of the deposit to be forfeited.
For the purposes of section 12(3), the Minister must appoint a panel of assessors comprising such number of persons who satisfy the requirements prescribed for the purposes of this section.
(a) the other party or parties to the contract; (b) any guarantor or surety for the obligation in the contract that is the subject of the application; and (c) such other person as may be prescribed.
(a) make a determination whether the case in question is one to which section 5 applies; and (b) in a case to which section 7 applies, also make a determination whether it is just and equitable in the circumstances of the case for the deposit or any part of the deposit to be forfeited.
(a) may take into account the ability and financial capacity of the party concerned to perform the obligation that is the subject of the application, and other prescribed factors; and (b) must seek to achieve an outcome that is just and equitable in the circumstances of the case.
(a) requiring a party to the contract to do anything or pay any sum of money to discharge any obligation under the contract; and (b) in a case where a right of repossession of goods under the contract or of re-entry or forfeiture under a lease or licence of immovable property had been exercised by a party in breach of section 5(2) — requiring the party to return the goods or give possession of the immovable property to the other party.
No party may be represented by an advocate and solicitor at proceedings before an assessor.
Each party must bear the party’s own costs for proceedings before an assessor.
The Registrar or an assessor who, in the course of his or her duties under this Part, exercises any power as such, is treated as a public servant for the purposes of the Penal Code (Cap. 224) when exercising such power.
No liability shall lie against the Registrar or an assessor with respect to anything done or omitted to be done in good faith and with reasonable care in the discharge or purported discharge of the Registrar’s or assessor’s functions and duties under this Part.
(a) the procedure and practice for a proceeding before an assessor; (b) the forms to be used and the information or documents to be furnished; (c) the manner in which the Registrar or an assessor is to exercise his or her functions or perform his or her duties; (d) the manner of service of any document and when it is deemed served; (e) the extension by the Registrar or an assessor of any time within which any document is to be filed or furnished; and (f) any saving and transitional provisions that may be necessary or expedient for the purposes of the regulations mentioned in section 5(4) or any variation or expiry of the prescribed period or the expiry of this Part.
(a) the reference in section 56B(2)(a) of that Act to “$100,000” were a reference to “$250,000”; (b) the reference in section 56L(a) of that Act to “$100,000” were a reference to “$250,000”; (c) the reference in section 56L(b) of that Act to “$50,000” were a reference to “$125,000”; (d) the reference in section 61(1)(a) of that Act to “$15,000” were a reference to “$60,000”; (e) the reference in section 62(a)(ii) of that Act to “21 days” were a reference to “6 months”; (f) the reference in section 63A of that Act to “21 days” were a reference to “6 months”; (g) the references in section 65(1A) of that Act to “21 days” were references to “6 months”; (h) the reference in section 65(7)(a) of that Act to “$100,000” were a reference to “$250,000”; and (i) the reference in section 67(3)(a) of that Act to “$100,000” were a reference to “$250,000”.
(a) in the ordinary course of the bankrupt’s trade or business; (b) during the prescribed period; and (c) before the making of an application for voluntary arrangement or bankruptcy in respect of the bankrupt.
(a) the reference in section 289(2)(a) of that Act to “the prescribed amount” were a reference to “$250,000”; (b) the reference in section 299(a) of that Act to “the prescribed amount mentioned in section 289(2)(a)” were a reference to “$250,000”; (c) the reference in section 299(b) of that Act to “a prescribed amount” were a reference to “$125,000”; (d) the reference in section 311(1)(a) of that Act to “$15,000” were a reference to “$60,000”; (e) the reference in section 312(a)(i) of that Act to “21 days” were a reference to “6 months”; (f) the reference in section 314 of that Act to “21 days” were a reference to “6 months”; (g) the references in section 316(2) of that Act to “21 days” were references to “6 months”; and (h) the reference in section 316(9)(a) of that Act to “the prescribed amount” were a reference to “$250,000”.
(a) in the ordinary course of the bankrupt’s trade or business; (b) during the prescribed period; and (c) before the making of an application for voluntary arrangement or bankruptcy in respect of the bankrupt.
(a) the reference in section 254(2)(a) of the Companies Act to “$10,000” were a reference to “$100,000”; and (b) the reference in section 254(2)(a) of the Companies Act to “3 weeks” were a reference to “6 months”.
(a) in the ordinary course of the company’s or variable capital company’s business; (b) during the prescribed period; and (c) before the appointment of a judicial manager or liquidator of the company or variable capital company.
(a) the reference in section 125(2)(a) of the Insolvency, Restructuring and Dissolution Act 2018 to “$15,000” were a reference to “$100,000”; and (b) the reference in section 125(2)(a) of the Insolvency, Restructuring and Dissolution Act 2018 to “3 weeks” were a reference to “6 months”.
(a) in the ordinary course of the company’s or variable capital company’s business; (b) during the prescribed period; and (c) before the appointment of a judicial manager or liquidator of the company or variable capital company.
(a) the reference in paragraph 3(2)(a) of the Fifth Schedule to that Act to “$10,000” were a reference to “$100,000”; and (b) the reference in paragraph 3(2)(a) of the Fifth Schedule to that Act to “3 weeks” were a reference to “6 months”.
(a) in the ordinary course of the business of the limited liability partnership; (b) during the prescribed period; and (c) before the appointment of a liquidator of the limited liability partnership.
(a) in the ordinary course of the business of the registered business trust; (b) during the prescribed period; and (c) before the passing of a resolution approving or directing the winding up, or the making of a court order directing the winding up, of the registered business trust.
(a) section 20(1)(a), (b), (c), (h) and (i) continues to apply to or in relation to a bankruptcy application made during the prescribed period; (b) section 20(1)(e), (f) and (g) continues to apply to or in relation to a statutory demand served on a debtor during the prescribed period; (c) section 20(2) continues to apply to a bankrupt in respect of any debt incurred by the bankrupt during the prescribed period; (d) section 21(1)(a), (b), (c) and (h) continues to apply to or in relation to a bankruptcy application made during the prescribed period; (e) section 21(1)(e), (f) and (g) continues to apply to or in relation to a statutory demand served on a debtor during the prescribed period; (f) section 21(2) continues to apply to a bankrupt in respect of any debt incurred by the bankrupt during the prescribed period; (g) section 22(1)(b) continues to apply to or in relation to a demand served on a company or variable capital company during the prescribed period; (h) section 22(2) continues to apply to an officer of a company, or an officer or the manager or custodian of a variable capital company, in respect of debts contracted by the company or variable capital company during the prescribed period; (i) section 23(1)(b) continues to apply to or in relation to a written demand served on a company or variable capital company during the prescribed period; (j) section 23(2) continues to apply to a party to a wrongful trading in respect of debts or other liabilities incurred by a company or variable capital company during the prescribed period; (k) section 24(1)(b) continues to apply to or in relation to a demand served on a limited liability partnership during the prescribed period; (l) section 24(2) continues to apply to an officer of a limited liability partnership in respect of a debt contracted by the limited liability partnership during the prescribed period; and (m) section 25 continues to apply to an officer of the trustee-manager of a registered business trust in respect of the contracting of a debt on behalf of the registered business trust during the prescribed period.
(a) provision for a meeting to be convened, held or conducted, whether wholly or partly, by electronic communication, video conferencing, tele-conferencing or other electronic means; (b) provision of a period of notice for a meeting; (c) provision for the quorum for a meeting to be reduced to a specified number; (d) provision for voting by electronic means at a meeting; (e) provision for voting at a meeting to be made by proxy and for the number of proxies to be limited to a specified number; (f) provision for the person who may be appointed as proxy for a meeting; (g) provision for questions to be tabled at a meeting by any of the following means: (i) in writing; (ii) by electronic communication, video conferencing, tele-conferencing or other electronic means; (h) provision for responses to questions mentioned in paragraph (g) to be communicated by electronic communication, video conferencing, tele-conferencing or other electronic means; (i) provision for notices for a meeting and proxies to be used at a meeting, appointment forms for proxies for a meeting, and circulars and other documents relating to a meeting, to be given or sent by electronic communication or other electronic means; (j) provision for notices for a meeting to supersede any previous notice that may have been given; (k) provision for a meeting to be deferred; and (l) any other measures that the Minister considers necessary or expedient.
(a) must identify the control measure in respect of which the order is made; (b) must be published in the Gazette; (c) may apply retrospectively to a date not earlier than the date that the control measure in respect of which the order was made came into force; and (d) may provide for saving and transitional arrangements beyond the period that the control measure in respect of which the order was made is in force.
“control measure” means any control order made under Part 7 or any of the following that is related to the infectious disease known as Coronavirus Disease 2019: (a) a notification given under section 17(1) of the Infectious Diseases Act (Cap. 137); (b) an order made under section 17A(1) or (2) of that Act; (c) a notice given under section 18(1) of that Act; (d) a notice given under section 19(1)(a) of that Act; (e) an order made under section 20(1) of that Act; (f) a direction given under section 21(1) of that Act; (g) an order made under section 55(1)(g) or (i) of that Act; (h) regulations made under section 73 of that Act prescribing any measure prohibiting or limiting the meeting or gathering of individuals; “legal instrument” means — (a) in the case of a company incorporated under the Companies Act — the constitution of the company; (b) in the case of a variable capital company incorporated under the Variable Capital Companies Act 2018 — the constitution of the variable capital company; (c) in the case of a trust (including a business trust as defined in section 2 of the Business Trusts Act) — the trust deed of the trust; (d) in the case of a society registered under the Societies Act (Cap. 311) — the rules of the society; (e) in the case of a co-operative society registered under the Co-operative Societies Act (Cap. 62) — the by-laws of the co-operative society; (f) in the case of a school to which the Education Act (Cap. 87) applies — the constitution, written scheme or deed of trust in accordance with which the school is managed; (g) in the case of a mutual benefit organisation registered under the Mutual Benefit Organisations Act (Cap. 191) — the rules of the mutual benefit organisation; (h) in the case of a Town Council established under the Town Councils Act (Cap. 329A) — the standing orders of the Town Council; (i) in the case of a trade union registered under the Trade Unions Act (Cap. 333) — the rules of the registered trade union; (j) in the case of a society or unincorporated association not mentioned in paragraphs (a) to (i) — the rules of the society or unincorporated association; (k) in the case of an entity not mentioned in paragraphs (a) to (i) — the entity’s constituting document, however called, and the entity’s governing rules and regulations, where applicable; and (l) any other legal instrument as may be prescribed, and includes a class of such legal instruments.
(a) to give evidence by means of a live video or live television link that is created using a remote communication technology approved by the Chief Justice; or (b) if the accused person or witness makes an appearance (other than to give evidence) in those proceedings, to so appear by means of a live video, live television link or live audio link that is created using a remote communication technology approved by the Chief Justice.
(a) in the case of an accused person, he or she makes an appearance or gives evidence — (i) during the specified period; and (ii) from a place within a court or a prison in Singapore, using the remote communication technology; (b) in the case of a witness (whether in Singapore or elsewhere), he or she makes an appearance or gives evidence during the specified period from a place specified by the court using the remote communication technology, but only if he or she — (i) is an expert witness; or (ii) is a witness of fact and the parties to the proceedings consent to the use of the remote communication technology; and (c) the court is satisfied that — (i) sufficient administrative and technical facilities and arrangements are made at the place where the accused person or witness is to make an appearance or to give evidence; and (ii) it is in the interests of justice to do so.
(a) to give evidence by means of a live video or live television link that is created using a remote communication technology approved by the senior president of the Syariah Court; or (b) if the witness makes an appearance (other than to give evidence) in that action or proceeding, to so appear by means of a live video, live television link or live audio link that is created using a remote communication technology approved by the senior president of the Syariah Court.
(a) the witness (whether in Singapore or elsewhere) makes an appearance or gives evidence during the specified period from a place specified by the Syariah Court using the remote communication technology, but only if he or she — (i) is an expert witness; or (ii) is a witness of fact and the parties to the action or proceeding consent to the use of the remote communication technology; and (b) the Syariah Court is satisfied that — (i) sufficient administrative and technical facilities and arrangements are made at the place where the witness is to make an appearance or to give evidence; and (ii) it is in the interests of justice to do so.
(a) the persons who may be present at the place where the accused person or witness is giving evidence; (b) that a person be excluded from the place where the accused person or witness is giving evidence; (c) the persons who must be able to be heard, or seen and heard, by the accused person or witness, and by the persons with the accused person or witness; (d) the persons who must not be able to be heard, or seen and heard, by the accused person or witness, and by the persons with the accused person or witness; (e) the persons who must be able to see and hear the accused person or witness, and the persons with the accused person or witness; (f) the stages in the proceedings during which a specified part of the order is to have effect; (g) any other order the court or the Syariah Court considers necessary in the interests of justice.
(a) the live video, live television link or live audio link stops working and it would cause unreasonable delay to wait until a working system becomes available; (b) it is necessary for the court or the Syariah Court to do so to comply with its duty to ensure that the proceedings are conducted fairly to the parties in the proceedings; (c) it is necessary for the court or the Syariah Court to do so, so that the accused person or witness can identify a person or a thing or so that the accused person or witness can participate in or view a demonstration or an experiment; (d) there has been a material change in the circumstances after the court or the Syariah Court has made an order; or (e) it is necessary in the interests of justice to do so.
(a) in the case of court proceedings, such proceedings are conducted during the specified period using a remote communication technology approved by the Chief Justice; or (b) in the case of any action or proceeding in the Syariah Court, such action or proceeding is conducted during the specified period using a remote communication technology approved by the senior president of the Syariah Court.
(a) a judge conducts court proceedings during the specified period using a remote communication technology approved by the Chief Justice; (b) an accused person or a witness makes an appearance or gives evidence during the specified period using such remote communication technology; or (c) any person participates in, views or listens to the court proceedings conducted during the specified period using such remote communication technology.
(a) a specified judge hears any action or proceeding during the specified period using a remote communication technology approved by the senior president of the Syariah Court; (b) a witness makes an appearance or gives evidence during the specified period using such remote communication technology; or (c) any person participates in, views or listens to the action or proceeding conducted during the specified period using such remote communication technology.
“accused person” includes a person against whom proceedings for contempt of court under the Administration of Justice (Protection) Act 2016 have commenced; “control measure” means any control order made under Part 7 or any of the following that is related to the infectious disease known as Coronavirus Disease 2019: (a) a notification given under section 17(1) of the Infectious Diseases Act; (b) an order made under section 17A(1) or (2) of that Act; (c) a notice given under section 18(1) of that Act; (d) a notice given under section 19(1)(a) of that Act; (e) an order made under section 20(1) of that Act; (f) a direction given under section 21(1) of that Act; (g) an order made under section 55(1)(g) or (i) of that Act; (h) regulations made under section 73 of that Act prescribing any measure prohibiting or limiting the meeting or gathering of individuals; “court” means — (a) the Supreme Court constituted under Article 94 of the Constitution of the Republic of Singapore; (b) any State Court constituted under section 3 of the State Courts Act (Cap. 321); (c) any Family Court constituted under section 3 of the Family Justice Act 2014 (Act 27 of 2014); or (d) any Youth Court constituted under section 3 of the Family Justice Act 2014; “judge” has the meaning given by section 2(1) of the Administration of Justice (Protection) Act 2016; “specified judge” means — (a) every president of the Syariah Court; (b) every ad-hoc president of the Syariah Court; (c) the registrar of the Syariah Court; and (d) every deputy registrar of the Syariah Court; “specified period” means — (a) any period a control measure relating to COVID-19 is in force; (b) for the purposes of subsection (2), (10)(a) or (11), any further period that the Chief Justice determines is necessary or expedient in order to conduct court proceedings in a safe and efficient manner and to prevent the spread of COVID-19; or (c) for the purposes of subsection (4), (10)(b) or (12), any further period that the senior president of the Syariah Court determines is necessary or expedient in order to conduct the hearing of any action or proceeding in a safe and efficient manner and to prevent the spread of COVID-19; “Syariah Court” means the Syariah Court constituted under section 34 of the Administration of Muslim Law Act.
(a) a payment of money, whether as a lump sum or by way of instalments; (b) an off-set against or a reduction of the whole or any part of any rent or licence fee payable by the tenant to the owner.
(a) whether the owner is required under section 29(2) to pass any benefit to the tenant; (b) the amount, extent, manner, or time of the passing of such benefit; (c) any non-compliance with section 29(2) by the owner.
(a) the enforcement of the attendance of witnesses and their examination on oath or otherwise; (b) the compelling of the production of documents; and (c) the award of costs and expenses of and incidental to any proceedings before the Panel.
(a) the appeal to the High Court is by way of rehearing; (b) the appeal to the High Court must be brought in the manner provided by the Rules of Court; (c) the High Court, after hearing the appeal, may — (i) confirm, vary or reverse the determination or further direction of the Panel appealed against; and (ii) make such directions as the High Court thinks necessary or appropriate.
(a) prescribing any matter required or permitted to be prescribed under this Part; (b) providing for the form and manner in which applications under section 30(2) are to be made; (c) providing for the procedure to be adopted by the Panel in determining applications and the records to be kept by the Panel; (d) providing for the places where and the times at which an application is to be heard by the Panel; (e) providing for the right of the Panel to make a determination and any further direction in the absence of the owner or tenant; (f) providing for any matter which the Minister considers incidental or expedient for the proper and efficient conduct of proceedings before the Panel; (g) prescribing the fees to be paid in respect of an application under section 30(2); (h) exempting any person from any requirement under this Part, whether in whole or in part; and (i) providing for any other matter that is necessary or convenient to be prescribed for carrying out or giving effect to this Part.
Section 23(1) of the Property Tax Act is amended by deleting the words “15 members” and substituting the words “30 members”.
(a) the incidence and transmission of COVID-19 in the community in Singapore constitutes a serious threat to public health; and (b) a control order is necessary or expedient to supplement the Infectious Diseases Act and any other written law.
(a) to require people or certain people to stay at or in, and not leave, a specified place (whether or not a place of accommodation); (b) to restrict movement of or contact between people, including prohibiting or limiting group activities or other activities of people within the specified place in paragraph (a), restricting the use of any facilities at that place and limiting movement to and from that place, whether by time or location; (c) to require the doing of one or both of the following at a specified time, in a specified manner or to a specified extent, in relation to any premises or facility used to carry out any business, undertaking or work: (i) close the premises or facility; (ii) limit access to the premises or facility; (d) to restrict the time, manner or extent for the carrying out of any business, undertaking or work, including prescribing restrictions on the maximum number of people, opening hours or facilities provided, for the carrying on of the business, undertaking or work; (e) to prohibit or restrict the conduct of or participation in any event or gathering in any premises; (f) to disapply any prohibition or restriction in paragraph (a), (b), (c), (d) or (e) to the extent specified in the control order or, where it is impracticable in the circumstances of the particular case for the Minister to make or amend any control order to this end, that is prescribed on the Internet website of the Government at https://covid.gobusiness.gov.sg/essentialservices/.
(a) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; or (b) in the case of a second or subsequent offence, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(a) a police officer; (b) a Health Officer appointed under section 4(1)(a) or (b) of the Infectious Diseases Act; (c) a public officer; (d) an officer of a statutory body; (e) an auxiliary police officer; (f) an employee of a prescribed institution under the Infectious Diseases Act, except for the purposes of subsection (2)(b).
(a) direct any individual or group of individuals to do one or more of the following: (i) not to leave any premises as required by the control order; (ii) to not enter, or to leave, any premises that is closed or entry to which is restricted by the control order; (iii) to go to a specified place applicable to the individual or individuals, or for the time being to another place, or to take such other steps as may be required to comply with the control order; (iv) to disperse; and (b) direct any person carrying on a business or undertaking, or any individual working, at any premises or facility (other than at the time, in the manner and to the extent permitted under the control order) to do one or more of the following: (i) to stop carrying on the business or undertaking, and stop working, at the premises or facility; (ii) to take steps to comply with the restrictions in the control order with respect to the carrying on of the business, undertaking or work; (iii) to close or limit access to the premises or facility.
(a) to a group of individuals, it is deemed to have been given to each member of the group if the oral direction is made in a manner which is likely to be audible to all the members of the group or as many of them as reasonably practicable; and (b) to an officer, an employee, a manager, a partner or an agent of a person carrying on the business or undertaking, or working, at the premises or facility in subsection (2)(b), it is deemed to have been given to the person carrying on that business or undertaking at the premises or facility.
(a) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; or (b) in the case of a second or subsequent offence, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(a) a contract for the grant of a loan facility by a bank licensed under the Banking Act (Cap. 19) or a finance company licensed under the Finance Companies Act (Cap. 108) to an enterprise, where such facility is secured, wholly or partially, against any commercial or industrial immovable property located in Singapore; (b) a contract for the grant of a loan facility by a bank licensed under the Banking Act or a finance company licensed under the Finance Companies Act to an enterprise — (i) where such facility is secured, wholly or partially, against any plant, machinery or fixed asset located in Singapore; and (ii) where such plant, machinery or fixed asset (as the case may be) is used for manufacturing, production or other business purposes; (c) a performance bond or equivalent that is granted pursuant to a construction contract or supply contract; (d) a hire-purchase agreement or conditional sales agreement as defined under the Hire-Purchase Act (Cap. 125), where the good hired or conditionally sold under the agreement is — (i) any plant, machinery or fixed asset located in Singapore, where such plant, machinery or fixed asset is used for manufacturing, production or other business purposes; or (ii) a commercial vehicle; (e) an event contract; (f) a tourism-related contract; (g) a construction contract or supply contract; (h) a lease or licence of non-residential immovable property.
“commercial vehicle” means a vehicle in Singapore that is — (a) a goods vehicle as defined in section 2 of the Road Traffic Act (Cap. 276), but does not include a goods-cum-passengers vehicle as defined in rule 2 of the Road Traffic (Motor Vehicles, Registration and Licensing) Rules (Cap. 276, R 5); (b) an excursion bus, private bus, private hire bus, omnibus or school bus as described in the Second Schedule to the Road Traffic Act; (c) a private hire car as described in the Second Schedule to the Road Traffic Act; (d) a taxi as described in the Second Schedule to the Road Traffic Act; or (e) an engineering plant, such as a tractor, a road roller, an excavator, a forklift, a dumper, a grader, a concrete pump, a dozer, a loader, a skidder, a compactor, a scrapper, a pipe-layer, a handcraft, a pax step or an airport service equipment; “enterprise” means a body corporate or unincorporate that is incorporated, formed or established, and carries on business, in Singapore, where — (a) not less than 30% of its shares or other ownership interest is held by citizens of Singapore or permanent residents of Singapore or both; and (b) the turnover of the group (within the meaning of the Accounting Standards applicable to it) to which it belongs does not exceed $100 million in the latest financial year.