Singapore legislation

Section 45

of Bus Services Industry Act 2015

Section 45

Service of documents

Amended by38/201838/201838/2018

(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 prepaid registered 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 prepaid registered 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 the unincorporated association, or the limited liability partnership’s manager;

(b)

by leaving it at, or by sending it by prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office;

(c)

by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office; or

(d)

by sending it by email to the body corporate’s or unincorporated association’s last email address.

(5)

In addition, a document 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; or

(b)

by any other method authorised by the regulations made under section 49 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.

Amended by38/2018

(6)

Service of a document under subsection (1) 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; and

(c)

if the document is sent by prepaid registered post, 2 days after the day the document is posted (even if it is returned undelivered).

(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.

Amended by38/2018

(8)

In this section, “document” includes a notice or an order permitted or required by this Act to be served.

(9)

However, this section does not apply to documents to be served in proceedings in court.

(10)

In this section —

Amended by38/2018

Definition

“business address” means —

(a)

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

Definition

“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 that the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents;

Definition

“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 the document has been served on the addressee;

Definition

“last email address” means —

(a)

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; or

(b)

the last email address of the addressee concerned known to the person giving or serving the document;

Definition

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

Amended by38/2018
Section 45 — Bus Services Industry Act 2015 | laws.sg