Singapore legislation

Section 10

of Charities Act 1994

Section 10

General power of Commissioner to institute inquiries

Amended by2/20182/2018

(1)

The Commissioner may from time to time institute inquiries with regard to charities or a particular charity or class of charities, either generally or for particular purposes.

(2)

The Commissioner may either conduct such an inquiry personally or appoint a person to conduct it and make a report to the Commissioner.

(3)

For the purposes of any such inquiry, the Commissioner or a person appointed by the Commissioner to conduct the inquiry may by order require any person —

(a)

to furnish accounts and statements in writing with respect to any matter in question at the inquiry, being a matter on which that person has or can reasonably obtain information, or to return answers in writing to any questions or inquiries addressed to the person on any such matter, and to verify any such accounts, statements or answers by statutory declaration;

(b)

to furnish copies of documents in the person’s custody or under the person’s control which relate to any matter in question at the inquiry, and to verify any such copies by statutory declaration; and

(c)

to attend at a specified time and place and give evidence or produce any such documents,and any person who fails to comply with any requirement specified in the order 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 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.

Amended by2/2018

(4)

For the purposes of any such inquiry, evidence may be taken on oath, and the person conducting the inquiry may for that purpose administer oaths, or may instead of administering an oath require the person examined to make and subscribe a declaration of the truth of the matters about which the person is examined.

(5)

Where the Commissioner proposes to take any action in consequence of an inquiry under this section, the Commissioner may publish the report of the person conducting the inquiry, or any other statement of the results of the inquiry as the Commissioner thinks fit, in any manner calculated in the Commissioner’s opinion to bring it to the attention of persons who may wish to make representations to the Commissioner about the action to be taken.

(6)

A copy of the report of the person conducting an inquiry under this section is, if certified by the Commissioner to be a true copy, admissible as evidence of any fact stated in the report, and as evidence of the opinion of that person as to any matter referred to in the report, in any legal proceedings instituted by the Commissioner under section 23 and in any legal proceedings instituted by the Attorney‑General in respect of a charity.

(7)

A document purporting to be a certificate issued for the purposes of subsection (6) is to be received in evidence and deemed to be such a certificate unless the contrary is proved.

(8)

If any person wilfully alters, suppresses, conceals or destroys any document which the person may be required to produce under this section, the person 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 3 years or to both.[8

Amended by2/2018