Singapore legislation
Clause 50
Clause 50
Entering into or facilitation of abusive funding arrangement
(1)
A person commits an offence if the person —
enters into or facilitates a funding arrangement that is an abusive funding arrangement;
knows or has reason to believe that the funding arrangement is an abusive funding arrangement; and
intends by entering into or facilitating that abusive funding arrangement to dishonestly or fraudulently induce the Agency to give an incentive, a grant or a loan to the person, or to any other person or persons.
(2)
A person who is guilty of an offence under subsection (1) shall on conviction —
pay a penalty equal to the amount of wrongly obtained funding that the person obtained, or would have obtained, from the Agency as a result of the abusive funding arrangement entered into or facilitated by the person; and
be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
(3)
For the purposes of subsection (2)(a), it is irrelevant whether the person convicted of the offence obtained the wrongly obtained funding from the Agency for the benefit of that person, or for the benefit of any other person or persons.
(4)
The penalty mentioned in subsection (2)(a) is recoverable in accordance with section 319 (other than section 319(1)(a)) of the Criminal Procedure Code 2010 as if it were a fine.
(5)
For the purposes of subsection (1)(a), a person facilitates a funding arrangement if the person is —
a training provider or an employer who designs, organises or manages the funding arrangement or a transaction forming part of the funding arrangement;
either one of the following employees who participates in, or by the employee’s act or omission enables or aids, the funding arrangement or a transaction forming part of the funding arrangement:
an employee of the training provider mentioned in paragraph (a);
an employee of the employer mentioned in paragraph (a);
a person who, by attending a course or programme, participates in, enables or aids the funding arrangement or a transaction forming part of the funding arrangement;
a marketing agent who publishes, disseminates or communicates any information, by any means or in any form, for the purpose of inducing or encouraging (whether directly or indirectly) any other person to enter into the funding arrangement or a transaction forming part of the funding arrangement; or
any other person who —
designs, organises, manages or participates in, or by the person’s act or omission enables or aids, the funding arrangement or a transaction forming part of the funding arrangement; or
publishes, disseminates or communicates any information, by any means or in any form, for the purpose of inducing or encouraging (whether directly or indirectly) any other person to enter into the funding arrangement or a transaction forming part of the funding arrangement.
(6)
However, a person does not facilitate a funding arrangement under subsection (5) only by reason that the person in the ordinary course of business —
provides services relating to, or provides connections for, the transmission or routing of data;
provides, or operates facilities for, online services or network access; or
provides a service that —
enables the end‑users of that service to communicate with other end‑users; or
enables the publication, dissemination or communication of information or documents by end‑users of that service,whether by means of email, by use of a mobile telephone or other device, or by use of application software or otherwise.
(7)
In any proceedings for an offence under subsection (1), it is presumed, until the contrary is proved, that a person has the intention mentioned in subsection (1)(c) if the funding arrangement, or a transaction forming part of the funding arrangement, involves any step or steps (other than under subsection (6)) which is or are capable of assisting the person or any other person who enters into that funding arrangement or transaction to obtain the incentive, grant or loan.
(8)
To avoid doubt, it is not a defence in any proceedings for an offence under subsection (1) that the accused did not obtain any incentive, grant or loan from the Agency.