Singapore legislation
Clause 98
Clause 98
Codes, guidelines, etc., issued by Authority
(1)
The Authority may issue, in such manner as it considers appropriate, such codes, guidelines and no-action letters as it considers appropriate for providing guidance —
in furtherance of its regulatory objectives;
in relation to any matter relating to any of the functions of the Authority under any of the provisions of this Act; or
in relation to the operation of any of the provisions of this Act.
(2)
The Authority may publish any such code, guideline or no-action letter in such manner as it thinks fit.
(3)
The Authority may revoke, vary, revise or amend the whole or any part of any code, guideline or no-action letter issued under this section in such manner as it thinks fit.
(4)
Where amendments are made under subsection (3) —
the other provisions of this section shall apply, with the necessary modifications, to such amendments as they apply to the code, guideline or no-action letter; and
any reference in this Act or any other written law to the code, guideline or no-action letter however expressed shall, unless the context otherwise requires, be a reference to the code, guideline, or no-action letter as so amended.
(5)
The failure of any person to comply with any of the provisions of a code or guideline issued under this section that applies to him shall not of itself render that person liable to criminal proceedings but any such failure may, in any proceedings whether civil or criminal, be relied upon by any party to the proceedings as tending to establish or to negate any liability which is in question in the proceedings.
(6)
The issue by the Authority of a no-action letter shall not of itself prevent the institution of any criminal proceedings against any person for a contravention of any provision of this Act.
(7)
Any code or guideline issued under this section —
may be of general or specific application; and
may specify that different provisions thereof apply to different circumstances or provide for different cases or classes of cases.
(8)
For the avoidance of doubt, any code, guideline or no-action letter issued under this section shall be deemed not to be subsidiary legislation.
(9)
In this section, “no-action letter” means a letter written by the Authority to an applicant for such a letter to the effect that, if the facts are as represented by the applicant, the Authority will not institute proceedings against the applicant in respect of a particular state of affairs or particular conduct.