Clause 20

in section 41, after subsection (1), insert —“(1A) To avoid doubt, an authorised officer may exercise his or her power under subsection (1)(b) whether or not any proceedings have been started, or any conviction has been obtained, pursuant to subsection (1)(a).”;

replace section 62 with —“Service of documents62.—

Where a document that is permitted or required by this Act to be served on a person (whether the expression “serve” or “give” or any other expression is used), the document 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 —

by giving it to the individual personally;

by sending it by 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 apparently resident there, or at the individual’s business address with an adult 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 last known to the person giving or serving the document as the fax number for the service of documents on the individual; or

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 —

by giving it to any partner, secretary or other similar officer of the partnership;

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

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

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 —

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

by leaving it at, or by sending it by post to, the registered office or principal office in Singapore of the body corporate or unincorporated association;

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

by sending it by email to the last email address of the body corporate or unincorporated association.(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 —

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

by any other method authorised by any regulations for the service of documents of that kind if the addressee consents in the manner provided in the regulations to service of a document of that kind in that way.(6) Service of a document takes effect —

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

if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; or

if the document is sent by post, 2 days after the day the document was 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 written consent to service in that way.(8) This section does not apply to documents to be served in proceedings in court.(9) In this section —“business address” means —

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

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;“document” includes a notice or an order permitted or required by this Act to be served;“last email address” means 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;“residential address” means an individual’s usual or last known place of residence in Singapore.”; and

after section 62, insert —“Use of electronic service for making applications62A.—

The Board may permit an application to it mentioned in section 33 to be made through the electronic service described in section 42AA of the Building Control Act 1989.(2) Where a person uses the electronic service mentioned in subsection (1) to make an application to the Board, the Board may serve on the person any acknowledgment, approval, certificate, direction, notice, permit or other document in connection with the application, by sending it to the person’s account with the electronic service.(3) Service of a document on a person under subsection (2) takes effect at the time when an electronic record of the document reaches the person’s account with the electronic service.(4) This section applies despite anything to the contrary in this Act.(5) In this section, “electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010.”.