Clause 40

The Authority may establish a system providing for the electronic service —

by a person (or an electronic service agent on behalf of such a person) on the Authority or an officer of the Authority administering any relevant land transport legislation; or

by the Authority, or an officer of the Authority administering any relevant land transport legislation, on a person or an electronic service agent on behalf of such a person,of an application, a notice or other document which is permitted or required by or under any relevant land transport legislation to be served or given.(2) Rules may be made under section 44 regarding the administration and use of the system provided under this section, including —

the assignment of authentication codes and accounts to users of the service;

the circumstances under which authentication codes and accounts of users may be cancelled or suspended;

the registration of electronic service agents of account holders, including the qualifications to be registered as electronic service agents, and the cancellation and suspension of such registration;

the manner in which an electronic service agent may be authorised by a person to give or serve on behalf of that person through the electronic service an application, a notice or other document;

the inspection by the Authority (or any person authorised in writing by the Authority) of records and accounts kept by electronic service agents relating to the use of the system;

the procedure for the proper use of the system, including the procedure in circumstances where there is a breakdown of the system or an interruption in any electronic service using the system;

the procedure for correcting any return, estimate, statement, document or information that is electronically served using the system; and

the fees for —

the use of the system;

the assignment of an authentication code or account to use the system, and the cancellation or suspension of such a code or an account on request;

the registration of electronic service agents; and

the corrections mentioned in paragraph (g).(3) Where an application, a notice or other document which is permitted or required by or under any relevant land transport legislation is served electronically using the system provided under subsection (1), the following have effect, despite any Act to the contrary:

the application, notice or document is deemed for the purposes of that legislation to be served on or given to the recipient at the time when the electronic record of the application, notice or document (as the case may be) enters the recipient’s account with the electronic service;

where the electronic service is done by an electronic service agent on behalf of any person (called in this section the principal) —

the application, notice or document is deemed to be served or given with the authority of that person; and

the principal is to be treated to be cognizant of all matters in the application, notice or document,unless that principal has, before the electronic service is done, informed the Chief Executive in the prescribed manner that the principal has revoked the authority of the electronic service agent for the serving of the application, notice or document in question;

where the electronic service of an application, a notice or document which is permitted or required by or under any relevant land transport legislation, is done using the authentication code assigned to a person before that person applies to cancel the authentication code —

the application, notice or document is, for the purposes of that legislation, presumed to have been served or given by that person unless the person adduces evidence to the contrary; and

if that person alleges that he did not serve or give the application, notice or document, the burden lies on the person to adduce evidence of that fact.(4) Despite any other Act, an electronic record of an application, a notice or document which is permitted or required by or under any relevant land transport legislation that was electronically served using the system provided under subsection (1), or any copy or print‑out of that electronic record, is, in any proceedings under that legislation, admissible as evidence of the facts stated or contained therein if that electronic record, copy or print‑out —

is certified by the Chief Executive (or an officer of the Authority whom the Chief Executive designates) to contain all or any information filed, submitted or served through the electronic service in accordance with this section; and

is duly authenticated in the manner specified in subsection (7) or is otherwise authenticated in the manner provided in the Evidence Act (Cap. 97) for the authentication of computer output.(5) Where the electronic record of any document, or a copy or print‑out of that electronic record, is admissible under subsection (4), it must be presumed, until the contrary is proved, that the electronic record, copy or print‑out accurately reproduces the contents of that document.(6) To avoid doubt, the following do not apply to an electronic record of a document served electronically using the system provided under subsection (1), or any copy or print‑out of that electronic record:

section 18(4) of the Parking Places Act (Cap. 214);

section 139A of the Road Traffic Act (Cap. 276).(7) For the purposes of this section, a certificate —

giving the particulars of —

any person whose authentication code was used to electronically serve the document using the system; or

any person or device involved in the production or transmission of the electronic record of the document, or the copy or print‑out;

identifying the nature of the electronic record or a copy or print‑out; and

purporting to be signed by the Chief Executive or an officer of the Authority whom the Chief Executive designates at the relevant time,is sufficient evidence that the electronic record, copy or print‑out has been duly authenticated, unless the court, in its discretion, calls for further evidence on this issue.(8) In this section and the rules made for the purposes of this section —“authentication code”, in relation to any person, means an identification or identifying code, a password or any other authentication method or procedure which is assigned to that person for the purposes of identifying and authenticating the access to, and use of, the system provided under subsection (1) by that person, and includes one assigned for such purposes in order to file, submit or retrieve a particular document only;“electronic record” has the same meaning as in the Electronic Transactions Act (Cap. 88);“relevant land transport legislation”, for any application, notice or document permitted or required by or under such legislation, means —

this section and any rules made under section 44 for the purposes of this section; or

any written law specified in the Fifth Schedule which provides for a method for the service of applications, notices or documents of that kind if the recipient consents (expressly or impliedly) to service of an application, a notice or document of that kind in that way.Service of documents43A.—

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 may be served on an individual —

by giving it to the individual personally;

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;

by leaving it at the individual’s residential address with an adult person apparently residing there, or at the individual’s business address with an adult person apparently employed there;

by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address;

by sending it by fax to the fax number given by the individual as the fax number for the service of documents under this Act;

by sending it by email to the individual’s email address;

by giving an electronic notice to the individual by the individual’s chosen means of notification, stating that the document is available and how the individual may use the individual’s chosen means of access to access the document’s contents; or

by any other method authorised by rules made under section 44 for the service of documents of that kind if the individual consents (expressly or impliedly) to service of a document of that kind in that way.(3) A document may be served on a partnership (other than a limited liability partnership) —

by giving it to any partner or other like officer of the partnership;

by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address;

by sending it by fax to the fax number used at the partnership’s business address;

by sending it by email to the partnership’s email address;

by giving an electronic notice to the partnership by the partnership’s chosen means of notification, stating that the document is available and how the partnership may use the partnership’s chosen means of access to access the document’s contents; or

by any other method authorised by rules made under section 44 for the service of documents of that kind if the partnership consents (expressly or impliedly) to service of a document of that kind in that way.(4) A document may be served on a body corporate (including a limited liability partnership) or an unincorporated association —

by giving it to the secretary or other like officer of the body corporate or unincorporated association, or the limited liability partnership’s manager;

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 in Singapore;

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

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

by giving an electronic notice to the body corporate or unincorporated association by the body corporate’s or unincorporated association’s chosen means of notification, stating that the document is available and how the body corporate or unincorporated association (as the case may be) may use its chosen means of access to access the document’s contents; or

by any other method authorised by rules made under section 44 for the service of documents of that kind if the body corporate or unincorporated association (as the case may be) consents (expressly or impliedly) to service of a document of that kind in that way.(5) Service of a document on a person under this section takes effect —

if the document is sent by fax and a notification of successful transmission is received, on the day of the transmission;

if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; and

if the document is sent by prepaid registered post, on the second day after the day the document was posted (even if it is returned undelivered).(6) 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.(7) This section does not apply to documents to be served in proceedings in court for an offence or other matter under this Act.(8) In this section —“business address” means —

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

in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore;“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 the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents;“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 such a document has been served on the addressee;“email address” means the last email address given by the addressee concerned as the email address for the service of documents under this Act;“residential address” means an individual’s usual or last known place of residence in Singapore.”.