Singapore legislation
Clause 36
Clause 36
Civil contraventions, serious civil contraventions and offences by bodies corporate, etc.
(1)
If a civil contravention, serious civil contravention or offence committed by an employer that is a body corporate is proved to have been committed with the consent or connivance of an officer of the body corporate, the officer and the body corporate are both to be treated as having committed the contravention or offence.
(2)
If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.
(3)
If a civil contravention, serious civil contravention or offence committed by an employer that is a partnership is proved to have been committed with the consent or connivance of a partner, the partner and the partnership are both to be treated as having committed the contravention or offence.
(4)
If a civil contravention, serious civil contravention or offence committed by an employer that is an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body, the officer or member, and the unincorporated association, are both to be treated as having committed the contravention or offence.
(5)
A contravention notice may be issued under section 31(1) to, and proceedings for a civil penalty or an offence may be commenced against, an individual mentioned in subsection (1), (2), (3) or (4) whether or not a contravention notice is issued or proceedings are commenced against the corresponding body corporate, partnership or unincorporated association, as the case may be.
(6)
To avoid doubt, an individual treated as having committed a civil contravention or serious civil contravention under this section is to be treated as an individual for the purposes of sections 33(2) and 34(2).
(7)
The Minister may make regulations to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any body corporate, partnership or unincorporated association formed or recognised under the law of a territory outside Singapore.