Clause 105

by deleting the definition of “auditor” in section 2;

by deleting the definition of “Chief Executive” in section 2 and substituting the following definition:“ “Chief Executive” means the Chief Executive of the Agency, and includes any individual acting in that capacity;”;

by deleting subsection (1) of section 7 and substituting the following subsection:“(1) The Minister may give to the Agency any direction under section 5 of the Public Sector (Governance) Act 2018.”;

by deleting the words “of section 21” in section 12(3)(b) and substituting the words “given by Part 4 of the Public Sector (Governance) Act 2018”;

by inserting the word “or” at the end of section 17(1)(b);

by deleting the words “Division 3 and a notice is given under section 25” in section 20(1)(f) and substituting the words “the Public Sector (Governance) Act 2018 and a notice is given under that Act”;

by deleting the words “of section 21” in section 30(1)(a) and (b) and substituting in each case the words “given by Part 4 of the Public Sector (Governance) Act 2018”;

by deleting the words “(within the meaning of section 21 as modified by section 35)” in section 34(4) and substituting the words “(within the meaning given by Part 4 of the Public Sector (Governance) Act 2018)”;

by inserting, immediately after the words “Subject to this Act” in section 35(3), the words “, the Public Sector (Governance) Act 2018”;

by repealing sections 38, 39 and 40 and substituting the following sections:“Chief Executive38.—

There must be a Chief Executive of the Agency, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Agency may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

is absent from duty or Singapore; or

is, for any reason, unable to perform the duties of the office.Officers and employees

is deemed to be a public servant for the purposes of the Penal Code (Cap. 224); and

is, in relation to his or her administration, assessment, collection and enforcement of payment of —

any financial penalty imposed under section 48 or 64 of the Private Education Act (Cap. 247A); or

any composition sum collected under this Act or section 67 of the Private Education Act,taken to be a public officer for the purposes of the Financial Procedure Act (Cap. 109); and section 20 of that Act applies to each of these delegates and subdelegates even though he or she is not or was not in the employment of the Government.”;

by repealing section 47 and substituting the following section:“Estimates for Skills Development Fund47.—

In addition to the requirements of the Public Sector (Governance) Act 2018, the Agency must, in every financial year, prepare or cause to be prepared, and must adopt annual estimates of income and expenditure for the Skills Development Fund for the ensuing financial year in accordance with the Skills Development Levy Act (Cap. 306).(2) Supplementary estimates for the Skills Development Fund may be adopted by the Agency where necessary.(3) A copy of all annual estimates and supplementary estimates mentioned in subsections (1) and (2) must, upon their adoption by the Agency, be sent as soon as possible to the Minister.”;

by deleting the words “Sections 46 and 51 to 55” in section 56 and substituting the words “The provisions of Part 5 of the Public Sector (Governance) Act 2018”; and

by repealing sections 17(1)(c) and (d), 28, 32, 35(2), 36(3)(a) and (4)(a), 51, 52, 53, 54 and 55, and Division 3 of Part 3.