Clause 8

by inserting, immediately after the words “a governing board member or key officer” in subsection (4), the words “of a charity”;

by deleting paragraphs (a) and (b) of subsection (4) and substituting the following paragraphs:“(a)has been convicted, whether in Singapore or in any other country or territory, and whether before, on or after the date of commencement of section 8(b) of the Charities (Amendment) Act 2018, of an offence involving moral turpitude (but not one mentioned in section 27(1)(a)) and the conviction is not spent;

acts as a governing board member or key officer of the charity despite being disqualified under section 27(1) or (6);”;

by inserting, immediately after subsection (4), the following subsections:“(4A) Where a person resigns as a trustee, a governing board member, an officer, an agent or an employee of a charity —

after the Commissioner has instituted an inquiry under section 8 with respect to the charity (whether before, on or after the date of commencement of section 8(c) of the Charities (Amendment) Act 2018), but before the Commissioner (with the consent of the Attorney‑General) makes an order under subsection (1)(i) removing the person; or

after the Commissioner has given notice (whether before, on or after the date of commencement of section 8(c) of the Charities (Amendment) Act 2018) under section 29(3) of intention to remove the person under subsection (4), but before the Commissioner makes the order,the Commissioner may, if the Commissioner is satisfied that the person is a person against whom the Commissioner would have made an order of removal under subsection (1)(i) or (4) if the person had not resigned, make an order declaring the person as such.(4B) Section 29 applies to an order under subsection (4A) as it applies to an order of removal under subsection (1) or (4).(4C) Subject to section 42, an order of removal under subsection (1) or (4), and an order under subsection (4A), remains in force despite any ground on which the order was made ceasing to exist or have effect (including a conviction becoming spent).”;

by deleting subsection (9) and substituting the following subsections:“(9) An order of suspension under subsection (2)(i) must be for a fixed period, but the Commissioner may make one or more further extensions of that order, each for a fixed period.(9A) The total period of suspension under an order of suspension under subsection (2)(i) and every extension under subsection (9) of such an order must not exceed 24 months.(9B) Without affecting section 42, any order of suspension under subsection (2)(i) and any extension under subsection (9) may make provision for any matter arising out of the suspension; and if there is any inconsistency amongst the provisions made by any of the orders, the latest in time prevails.(9C) For the purposes of subsection (9B), provision may be made in particular —

to enable any person to execute any instrument in the name of the person suspended or to otherwise act for the person suspended; and

in the case of a governing board member of a charity, for adjusting any rules governing the proceedings of the governing board members to take account of the reduction in the number capable of acting.”;

by inserting, immediately after the words “subsection (2)” in subsection (10), the words “or (4A)”;

by inserting, immediately after subsection (10), the following subsection:“(10AA) Before exercising any jurisdiction under subsection (4A), the Commissioner must give notice of the Commissioner’s intention to do so to —

the person against whom the Commissioner proposes to make the order under that subsection, unless the person cannot be found or has no known address in Singapore; and

each of the governing board members of the charity from which the person resigned, if the Commissioner thinks it necessary to do so.”;

by deleting the words “subsection (10)” in subsection (10A) and substituting the words “subsection (10) or (10AA)”; and

by inserting, immediately after the words “key officer” in subsection (10A), the words “or person”.