Singapore legislation
Clause 51
Clause 51
Recovery by Agency of wrongly obtained funding
(1)
The court before which a person (A) is convicted of an offence under section 50(1) may, in addition to imposing the penalty and punishment under section 50(2), order A to repay to the Agency the amount of wrongly obtained funding that A obtained from the Agency (whether for A’s benefit, or for the benefit of any other person or persons) as a result of the abusive funding arrangement entered into or facilitated by A.
(2)
Where the court makes an order under subsection (1) —
the court is to certify the amount of wrongly obtained funding to be repaid to the Agency; and
the Agency may recover the amount so certified in any civil court of competent jurisdiction as if the amount were a judgment debt due to the Agency.
(3)
The Agency must pay the amount of wrongly obtained funding recovered under this section in the following manner:
where the amount of wrongly obtained funding is in relation to an incentive, a grant or a loan out of moneys in the Skills Development Fund — the recovered amount must be paid into the Skills Development Fund;
where the amount of wrongly obtained funding is in relation to an incentive, a grant or a loan out of moneys not in the Skills Development Fund — the recovered amount must be paid into the funds of the Agency under section 38(1) excluding the Skills Development Fund (called in this subsection the general moneys of the Agency);
where the amount of wrongly obtained funding is in relation to an incentive, a grant or a loan out of a combination of moneys mentioned in paragraphs (a) and (b) — the recovered amount must be paid into the Skills Development Fund and to the general moneys of the Agency in the respective proportions that moneys were withdrawn from the Skills Development Fund and the general moneys of the Agency for that incentive, grant or loan.