Foreign Interference (Countermeasures) Act 2021/Part 10

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PART 10
MISCELLANEOUS

Interface with other laws

117.—(1) To avoid doubt, nothing in this Act—

(a) affects a police officer’s powers or duties under any other provision of this Act, the Criminal Procedure Code 2010 or other written law; or

(b) derogates from any of the following:

(i) the Broadcasting Act 1994;

(ii) the Foreign Recruiting Act 1875;

(iii) the Internal Security Act 1960;

(iv) the National Emblems (Control of Display) Act 1949;

(v) the Newspaper and Printing Presses Act 1974;

(vi) the Parliamentary Elections Act 1954;

(vii) the Presidential Elections Act 1991;

(viii) the Protection from Online Falsehoods and Manipulation Act 2019;

(ix) the Penal Code 1871;

(x) the Public Order Act 2009;

(xi) the Public Order and Safety (Special Powers) Act 2018;

(xii) the Societies Act 1966;

(xiii) the Telecommunications Act 1999.

(2) To further avoid doubt, this Act does not affect the law relating to—

(a) the powers, privileges and immunities of any of the following:

(i) the Parliament;

(ii) the Members of Parliament;

(iii) the committees of Parliament; or

(b) legal professional privilege.

Other causes of action not affected

118. The giving of a direction under Part 3 in relation to any information or material does not affect—

(a) any power or right of any person to take any action under any other law in relation to the information or material; or

(b) the power of the Public Prosecutor to initiate proceedings for an offence under this Act or any other law in relation to that information or material.

Liability for complying with directions and directives, etc.

119.—(1) No civil or criminal liability is incurred by the person or an officer, employee or agent of the person, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of the person complying with or giving effect to—

(a) a direction under Part 3 given to the person; or

(b) a directive under Part 5 or 6 given to the person.

(2) No liability shall lie against any competent authority, authorised officer or the Secretary to the Reviewing Tribunals for anything done or intended to be done with reasonable care and in good faith in the execution or purported execution of this Act when assisting a police officer.

Exempt activities

120.—(1) A person is exempt from this Act in relation to any activity undertaken by the person as follows:

(a) a communication made in proceedings that are a matter of public record to a committee of the Parliament or committee of Parliament, or to any body or person having jurisdiction or powers conferred under an Act;

(b) a communication made to a Member of Parliament by or on behalf of a constituent of the Member of Parliament with respect to any personal matter of the constituent;

(c) a communication made to the Government or a public authority by or on behalf of a person in direct response to a written request from the Government or a public authority for advice or comment on any Singapore governmental decision;

(d) a communication made to the Government or a public authority by or on behalf of a person concerning—

(i) the enforcement, interpretation or application of any Act or subsidiary legislation by the Government or a public authority with respect to the person; or

(ii) the implementation or administration of any programme, policy, directive or guideline by the Government or public authority with respect to the person;

(e) an activity undertaken or a conduct engaged in that relates primarily to, or is incidental to, the provision of—

(i) legal advice;

(ii) legal representation in criminal or civil inquiries, investigations or proceedings; or

(iii) legal representation in relation to a regulatory action or an administrative process under any written law;

(f) an activity undertaken, or a conduct engaged in, in the ordinary course of the person’s practice of the vocation of a tax agent or a liquidator or receiver, primarily or incidental to the provision of representation in relation to an administrative process involving a foreign principal, where both the following are apparent or disclosed to all other persons with whom that person is dealing with:

(i) the identity of the foreign principal;

(ii) the fact that the person is undertaking the activity on behalf of a foreign principal;

(g) an activity undertaken, or a conduct engaged in, in the individual’s capacity as a public officer, or an employee of a public authority, in the discharge of his or her duties as such;

(h) an activity undertaken, or a conduct engaged in, on behalf of a foreign principal in circumstances prescribed by Regulations.

(2) For the purposes of subsection (1), “personal matter” means a matter that relates only to a person’s personal, family or household affairs and is not related to any business or commercial activity.

(3) However, a submission made to a Member of Parliament concerning the introduction in the Parliament or the passage or amendment of a private Bill for the special benefit of a constituent of the Member of Parliament is not considered to be a personal matter of the constituent.

(4) For the purpose of subsection (1)(a) to (g), it is irrelevant that the activity or conduct is undertaken for any commission, payment or other reward (whether pecuniary or otherwise).

(5) In this section, “constituent”, in relation to a Member of Parliament, means a resident of the constituency that the Member of Parliament represents, whether or not the resident is a registered voter for that constituency.

Service of documents

121.—(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section.

(2) A document permitted or required by this Act to be served on an individual may be served—

(a) by giving it to the individual personally;

(b) by sending it by post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address;

(c) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there;

(d) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address;

(e) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or

(f) by sending it by email to the individual’s last email address.

(3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served—

(a) by giving it to any partner, secretary or other similar officer of the partnership;

(b) by leaving it at, or by sending it by post to, the partnership’s business address;

(c) by sending it by fax to the fax number used at the partnership’s business address; or

(d) by sending it by email to the partnership’s last email address.

(4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served—

(a) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager;

(b) by leaving it at, or by sending it by post to, the registered office or principal office in Singapore of the body corporate or unincorporated association;

(c) by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or

(d) by sending it by email to the last email address of the body corporate or unincorporated association.

(5) In addition, a document (other than a summons) permitted or required by this Act to be served on an individual, a partnership, a body corporate or an unincorporated association may be served—

(a) by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the document is available and how the addressee may use the addressee’s chosen means of access to access the document’s contents;

(b) where by the exercise of reasonable diligence, the name of any individual or a body of persons to whom the document is to be served, or the business address, residential address or last email address of the individual or body, cannot be ascertained, by posting it on a website maintained by the competent authority and prescribed by the Minister by notification in the Gazette for this purpose; or

(c) by any other method authorised by the Regulations for the service of documents of that kind if the addressee consents (expressly or impliedly) to service of a document of that kind in that way.

(6) Service of a document takes effect—

(a) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission;

(b) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent;

(c) if the document is sent by post, 2 days after the day the document was posted (even if it is returned undelivered); and

(d) if the document is posted on a website mentioned in subsection (5)(b), at the beginning of the day after the date on which subsection (5)(b) has been complied with.

(7) However, service of any document under this Act on a person by email or by an electronic notice at the person’s chosen means of notification may be effected only with the person’s prior consent (express or implied) to service in that way.

(8) In this section—

“business address” means—

(a) in the case of an individual, the individual’s usual or last known place of business in or outside Singapore; or

(b) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in or outside Singapore;

“chosen means of access”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents;

“chosen means of notification”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been served on the addressee;

“document” includes a notice, direction, directive or an order permitted or required by this Act to be served, but excludes any document to be served in proceedings in court;

“last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act;

“residential address” means an individual’s usual or last known place of residence in or outside Singapore.

Regulations

122.—(1) Subject to subsection (5), the Minister may make Regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Without limiting subsection (1), the Regulations may make provision for—

(a) an electronic or internet-based system of lodgment of donation reports, foreign affiliations reports and declarations under Part 5 or 6 and the issuance of certificates under this Act;

(b) requiring politically significant persons to obtain valuations from a valuer approved by a competent authority of political donations that are not gifts of money or enabling a competent authority to obtain any such valuations;

(c) requiring the making, keeping and auditing of records of political donations made or received, and expenditure incurred, by politically significant persons and other persons, and requiring and otherwise providing for the production, examination and copying of those records; and

(d) the purpose of providing practical guidance or certainty in respect of any one or more of the requirements of Part 3.

(3) Regulations made under this section may—

(a) create offences which may be punishable with a fine not exceeding $5,000; and

(b) provide for such saving, transitional and other consequential provisions as the Minister considers necessary or expedient consequent on persons becoming politically significant persons or ceasing to be politically significant persons, on amendments to the Regulations or other similar matters.

(4) All Regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.

(5) However, where a writ is issued, no Regulations are to be made amending—

(a) the applicable cap for anonymous donations; or

(b) the minimum amount of political donation that is a reportable political donation,

until after the last day prescribed by section 74(1) of the Parliamentary Elections Act 1954 or, in the case of a presidential election, by section 56(1) of the Presidential Elections Act 1991, for the transmission of returns respecting election expenses in connection with the election or (as the case may be) presidential election.

Repeal

123. The Political Donations Act 2000 is repealed.