What is Electric Vehicles Charging Bill?

Electric Vehicles Charging Bill is Singapore Bill, cited as Bill 36 2022, currently marked in force and first recorded in 2022.

Is Electric Vehicles Charging Bill still in force?

Yes — Electric Vehicles Charging Bill is currently in force.

When did Electric Vehicles Charging Bill take effect?

Electric Vehicles Charging Bill was first recorded in 2022.

How many clauses does Electric Vehicles Charging Bill have?

Electric Vehicles Charging Bill contains 100 clauses.

Where can I read the official version of Electric Vehicles Charging Bill?

The official text of Electric Vehicles Charging Bill is published at sso.agc.gov.sg.

Electric Vehicles Charging Bill (2022, No. 36)

Clause 1

Short title and commencement

This Act is the Electric Vehicles Charging Act 2022 and comes into operation on a date that the Minister appoints by notification in the Gazette.

Clause 2

General interpretation

In this Act —“acquire”, in relation to any thing, means —

(a)

to buy (by wholesale or retail) the thing;

(b)

to accept or receive a supply of the thing; or

(c)

to accept or receive a transfer of ownership or possession (by gift, lending or supply) of the thing;“advertisement” means any information or material that gives publicity or any announcement or notice that is —

(a)

any writing;

(b)

any still or moving picture, sign, symbol or other visual image;

(c)

any audible message; or

(d)

any combination of 2 or more of those things in paragraphs (a), (b) and (c);“approved person”, in relation to a homologated model, means a person given approval by the LTA under section 7(3) for that homologated model;“arrangement” includes a contract, an agreement, an understanding or other arrangement of any kind, whether written or unwritten;“authorised officer”, for any provision of this Act, means an individual who is appointed under section 89 as an authorised officer for the purposes of that provision;“battery”, in relation to an electric vehicle, means a rechargeable energy storage system which can be recharged with electricity externally so as to derive power to propel an electric vehicle equipped with that rechargeable energy storage system;“battery charge and swap station” or “BCSS” has the meaning given by section 4(4);“business” includes any business, whether or not carried on for profit and whether or not its primary function is connected with an EV charging service;“charge” means the transfer of electricity from a charging point or an EV charger to the battery of an electric vehicle;“charging point” means —

(a)

each electrical socket outlet that is part of a fixed EV charger from which electricity may be supplied during charging of a single electric vehicle;

(b)

each vehicle connector that is part of a fixed EV charger and is insertable into an electric vehicle inlet of a single electric vehicle so as to supply electricity during charging of that single electric vehicle; or

(c)

for a fixed EV charger which has both features in paragraphs (a) and (b), each combination of those features from which electricity may be supplied during charging of a single electric vehicle;“charging station” means a place in Singapore with an electrical installation —

(a)

to which a fixed EV charger is affixed; and

(b)

which provides one or more charging points,and includes a battery charge and swap station;“charging station operator” has the meaning given by section 4(1);“electric vehicle” or “EV” means a motor vehicle that is —

(a)

propelled wholly or partly by electricity, whether or not designed or adapted to be capable, in at least some circumstances or situations, of safely driving itself; and

(b)

equipped with a battery;“electric vehicle charger” or “EV charger” means any device that is used to supply electricity to the battery of an electric vehicle for the purpose of charging the battery, including any wiring, fitting or apparatus (but not the isolator) connected to the device for that same purpose;“electric vehicle charging service” or “EV charging service” has the meaning given by section 4(2);“electrical installation” has the meaning given by section 2(1) of the Electricity Act 2001;“fixed EV charger” means an EV charger that is, or is designed to be capable of being, affixed to any electrical installation, and includes the following:

(a)

a high‑powered fixed EV charger;

(b)

a pantograph fixed EV charger;“general public” means the general public in Singapore and includes a section of the general public in Singapore;“homologated model”, for an EV charger, means a model of EV charger in respect of which the LTA grants a section 7(3) approval;“licence” means a licence granted under Part 6 to undertake a regulated activity specified in the licence;“licensee” means a person to whom a licence is granted;“LTA” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act 1995;“LTA’s website” means the Internet website of the address prescribed;“motor vehicle” means a vehicle that —

(a)

is propelled wholly or partly by a motor or by any means other than human or animal power; and

(b)

is used or intended to be used on any road;“non‑fixed EV charger” means an EV charger that is not a fixed EV charger;“offence under this Act” includes an offence under any Regulations;“officer”, in relation to an applicant for a licence or a licensee, means —

(a)

where the applicant or licensee is a body corporate (including a limited liability partnership) —

(i)

an individual for the time being holding the office of chairperson, director, partner, chief executive officer, manager or company secretary (as the case may be) of the body corporate or any position analogous to any of those offices; or

(ii)

for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation;

(b)

where the applicant or licensee is a partnership (including a limited partnership), a partner of the partnership; or

(c)

where the applicant or licensee is an unincorporated association (other than a partnership), an individual for the time being holding the office of president, secretary or member (as the case may be) of a committee of the unincorporated association, or any position analogous to any of those offices,and includes any person carrying out the duties of any such office referred to in paragraph (a), (b) or (c) if the office is vacant;“outsourced enforcement officer”, in relation to any provision of this Act or the Regulations, means an individual who —

(a)

is appointed under section 11 of the Land Transport Authority of Singapore Act 1995;

(b)

is authorised by or under that Act to exercise any powers under any provision of this Act or the Regulations, as the case may be; and

(c)

is acting within that authorisation;“place” means any of the following in Singapore:

(a)

a building or structure (whether permanent or temporary);

(b)

an open space or open area (whether indoor or outdoor);

(c)

a motor vehicle,and includes any part of a place, such as a room;“public authority” means a body that is established or constituted by or under a public Act to perform or discharge a public function, but does not include any Town Council;“publish” means to make available to the general public, in whatever form and by whatever means;“register of registered‑for‑charging EV chargers” is the register of that name required to be kept and maintained under section 22;“registered‑for‑charging EV charger” means an EV charger that is registered under section 19;“registered responsible person”, in relation to a registered‑for‑charging EV charger, means a person issued with the registration mark of that EV charger under section 20 or the last person to whom the registration is transferred under section 27;“regulated activity” means either or both of the following:

(a)

providing electric vehicle charging services in Singapore;

(b)

engaging in conduct as a charging station operator;“Regulations” means regulations made under section 94;“repeat offender”, in relation to any offence under this Act, means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty of the same offence on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence;“section 7(3) approval” means an approval given under section 7(3) in respect of a model of EV charger;“specially authorised EV charger” means an EV charger that is the subject of rules made under Part 4;“unregistered EV charger” means an EV charger that is not a registered‑for‑charging EV charger;“vehicle” means any vehicle designed or adapted for use on a road but excludes any of the following within the meanings given by the Active Mobility Act 2017:

(a)

a bicycle;

(b)

a mobility scooter;

(c)

a personal mobility device;

(d)

a wheelchair;

(e)

a wheeled toy.

Definition

“acquire”, in relation to any thing, means —

(a)

to buy (by wholesale or retail) the thing;

(b)

to accept or receive a supply of the thing; or

(c)

to accept or receive a transfer of ownership or possession (by gift, lending or supply) of the thing;

Definition

“advertisement” means any information or material that gives publicity or any announcement or notice that is —

(a)

any writing;

(b)

any still or moving picture, sign, symbol or other visual image;

(c)

any audible message; or

(d)

“charging point” means —

(a)

each electrical socket outlet that is part of a fixed EV charger from which electricity may be supplied during charging of a single electric vehicle;

(b)

each vehicle connector that is part of a fixed EV charger and is insertable into an electric vehicle inlet of a single electric vehicle so as to supply electricity during charging of that single electric vehicle; or

(c)

for a fixed EV charger which has both features in paragraphs (a) and (b), each combination of those features from which electricity may be supplied during charging of a single electric vehicle;

Definition

“charging station” means a place in Singapore with an electrical installation —

(a)

to which a fixed EV charger is affixed; and

(b)

which provides one or more charging points,and includes a battery charge and swap station;

Definition

“charging station operator” has the meaning given by section 4(1);

Definition

“electric vehicle” or “EV” means a motor vehicle that is —

(a)

propelled wholly or partly by electricity, whether or not designed or adapted to be capable, in at least some circumstances or situations, of safely driving itself; and

(b)

equipped with a battery;

Definition

“motor vehicle” means a vehicle that —

(a)

is propelled wholly or partly by a motor or by any means other than human or animal power; and

(b)

is used or intended to be used on any road;

Definition

“non‑fixed EV charger” means an EV charger that is not a fixed EV charger;

Definition

“offence under this Act” includes an offence under any Regulations;

Definition

“officer”, in relation to an applicant for a licence or a licensee, means —

(a)

where the applicant or licensee is a body corporate (including a limited liability partnership) —

(i)

an individual for the time being holding the office of chairperson, director, partner, chief executive officer, manager or company secretary (as the case may be) of the body corporate or any position analogous to any of those offices; or

(ii)

for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation;

(b)

where the applicant or licensee is a partnership (including a limited partnership), a partner of the partnership; or

(c)

where the applicant or licensee is an unincorporated association (other than a partnership), an individual for the time being holding the office of president, secretary or member (as the case may be) of a committee of the unincorporated association, or any position analogous to any of those offices,and includes any person carrying out the duties of any such office referred to in paragraph (a), (b) or (c) if the office is vacant;

Definition

“outsourced enforcement officer”, in relation to any provision of this Act or the Regulations, means an individual who —

(a)

is appointed under section 11 of the Land Transport Authority of Singapore Act 1995;

(b)

is authorised by or under that Act to exercise any powers under any provision of this Act or the Regulations, as the case may be; and

(c)

is acting within that authorisation;

Definition

“place” means any of the following in Singapore:

(a)

a building or structure (whether permanent or temporary);

(b)

an open space or open area (whether indoor or outdoor);

(c)

“regulated activity” means either or both of the following:

(a)

“vehicle” means any vehicle designed or adapted for use on a road but excludes any of the following within the meanings given by the Active Mobility Act 2017:

(a)

a bicycle;

(b)

a mobility scooter;

(c)

a personal mobility device;

(d)

a wheelchair;

(e)

a wheeled toy.

Clause 3

Meaning of “supply”

(1)

In this Act, “supply” includes carrying on any of the following activities, or a combination of those activities, in relation to any thing:

(a)

selling or agreeing to sell the thing;

(b)

bartering or exchanging the thing;

(c)

giving away the thing, whether or not as a prize or reward, or as a free sample or for the purpose of advertising, or in furtherance of, any trade or business;

(d)

selling, bartering, exchanging, hiring out or leasing out any product or object of which the thing forms a part;

(e)

doing any of the above as an agent or a broker, or by an agent or a broker.

(2)

For the purposes of this Act, a person takes part in the supply of any thing if the person takes, or participates in, any step, or causes any step to be taken, in the process of that supply.

(3)

Despite subsection (2), a person is not treated as taking part in the supply of any thing by reason only that the person provided financing for any step taken in the process of the supply of that thing.

(4)

In this section, “sale” includes —

(a)

sale under a conditional sale agreement or a hire‑purchase agreement as defined by the Hire‑Purchase Act 1969; and

(b)

resale.

Clause 4

Meanings of “charging station operator”, “electric vehicle charging service” and associated terms

(1)

A reference in this Act to a charging station operator is a reference to a person who —

(a)

operates in the course of any business, one or more charging stations for use primarily by the general public to charge any electric vehicle for its propulsion;

(b)

operates in the course of any business, one or more charging stations for the exclusive use of all or any of the following persons for any of the following purposes:

(i)

an employee of the person for the performance of employment duties —

(A)

to charge an electric vehicle under that employee’s charge and control; or

(B)

to exchange a depleted (in whole or in part) battery of an electric vehicle under that employee’s charge and control for a recharged battery;

(ii)

an outworker for the performance of duties under an outwork arrangement with the person —

(A)

to charge an electric vehicle under that outworker’s charge and control; or

(B)

to exchange a depleted (in whole or in part) battery of an electric vehicle under that outworker’s charge and control for a recharged battery;

(iii)

an individual engaged in any particular occupation under an arrangement with the person in order to carry on his or her occupation —

(A)

to charge an electric vehicle under that individual’s charge and control; or

(B)

to exchange a depleted (in whole or in part) battery of an electric vehicle under that individual’s charge and control for a recharged battery; or

(c)

has charge and control of any charging point in any place in Singapore (whether or not in the course of any business) to charge any electric vehicle for its propulsion unless excluded by the Minister by order in the Gazette.

(2)

A reference in this Act to an “electric vehicle charging service” or “EV charging service” is a reference to a service —

(a)

that is provided using any charging point (except at a BCSS) under which any person may, on‑demand or otherwise, and for consideration, hire that charging point to charge an electric vehicle for its propulsion;

(b)

that is provided using a BCSS under which any person can, on‑demand or otherwise, and for consideration, exchange a depleted (in whole or in part) battery of an electric vehicle for a recharged battery for the propulsion of the electric vehicle;

(c)

that is provided using a non‑fixed EV charger under which any person may enter into a lease arrangement to rent the non‑fixed EV charger to charge an electric vehicle for its propulsion; or

(d)

under which any person may, by any other arrangement and for consideration, charge an electric vehicle for its propulsion,regardless if the service is provided on a single occasion or on one or more occasions within a fixed period of time, but excludes any service of a kind that is prescribed by the Minister by order in the Gazette as not an EV charging service.

(3)

In addition, in this Act, an “electric vehicle charging service” or “EV charging service” extends to any service described in subsection (2) provided —

(a)

as a free gift, or with the supply of any other goods or services or the provision of any parking place or parking lot as a free gift;

(b)

as a prize or reward in any lottery, raffle, draw, game or competition held in Singapore; or

(c)

Purpose of Act

The purpose of this Act is to reduce the carbon emissions of road transport in Singapore through the use of electricity sources which serve as a whole or partial substitute for fossil fuels sources in road transport in Singapore, by —

(a)

Application for homologation of EV charger model

(1)

An application for approval under subsection (3) in respect of a model of EV charger must be made to the LTA.

(2)

An application under subsection (1) must —

(a)

be made to the LTA in the form and manner prescribed or, if not so prescribed, as required by the LTA;

(b)

provide or make available an EV charger of the model which is the subject of the application, for inspection or demonstration before the LTA unless the LTA waives this requirement; and

(c)

be accompanied by —

(i)

the prescribed information and documents and any additional information or documents that the LTA may require to decide the application; and

(ii)

the prescribed fee, if any.

(3)

Subject to subsections (4) and (5), the LTA may approve a model of EV charger if it is satisfied that the model of EV charger satisfies the safety and performance standards prescribed to be a homologated model.

(4)

The LTA may refuse to approve any model of EV charger under subsection (3) if —

(a)

the application for the approval contains any false or misleading information; or

(b)

the applicant fails —

(i)

to provide or make available an EV charger of the model which is the subject of the application, for inspection or demonstration before the LTA where this requirement is not waived; or

(ii)

to provide the information and documents required under subsection (2)(c).

(5)

where the person is not an individual —

(i)

to a fine not exceeding $2,500; but(ii)where the person is a repeat offender — to a fine not exceeding $5,000.

Clause 9

Revocation of section 7(3) approval

(1)

The LTA may revoke the approval given to a person in respect of an EV charger under section 7(3) if the LTA is of the opinion that —

(a)

the model of that EV charger has ceased to satisfy the safety and performance standards prescribed to be a homologated model;

(b)

the section 7(3) approval was procured by fraud or misrepresentation;

(c)

the LTA becomes aware of a circumstance that would have permitted the LTA to refuse to give the section 7(3) approval, had the LTA been aware of the circumstance immediately before giving that approval; or

(d)

revocation is appropriate and necessary so as —

(i)

to alleviate or minimise a serious and imminent threat or risk to the security of the supply of electricity to consumers in Singapore; or

(ii)

to avoid any actual or imminent occurrence that may cause the death of, or a serious injury to, any individual or serious damage to any property from the use of any EV charger of that model.

(2)

Unless not practicable in the circumstances, the LTA must, before revoking any section 7(3) approval under subsection (1), give written notice to the person to whom the approval was given —

(a)

stating that the LTA intends to revoke the approval;

(b)

specifying the grounds for the proposed revocation; and

(c)

specifying the time (being at least 7 days after the date of service of notice on the person to whom the approval was given) within which written representations may be made to the LTA with respect to the proposed revocation.

(3)

The LTA may, after considering any written representation under subsection (2)(c), decide to revoke, with effect from the effective date in subsection (5), any section 7(3) approval granted with respect to a model of EV charger either —

(a)

absolutely for all EV chargers of that model; or

(b)

prospectively without affecting EV chargers of that model to which approval labels have been affixed before that specified date.

(4)

Where the LTA decides to revoke a section 7(3) approval in respect of a model of EV charger, the LTA must serve a notice of its decision on the person to whom the approval was given.

(5)

A decision to revoke a section 7(3) approval takes effect from the date on which the notice under subsection (4) is given, or on such other date as may be specified in the notice.

(6)

An EV charger that is altered or modified in contravention of subsection (1) is treated as having ceased to belong to that homologated model or former homologated model, as the case may be.

(4)

For the purposes of subsections (1) and (3), it is immaterial whether the altering or modifying of the EV charger is to rectify any damage to it or to return the EV charger to its original operable condition.

(5)

However, subsections (1) and (3) do not apply to altering or modifying an EV charger that consists of or results in any minor change in features, functionalities or performance of the EV charger that is prescribed.

Clause 12

Approval of alteration, etc.

(1)

An application for approval to alter or modify an EV charger must be made to the LTA —

(a)

in the form and manner prescribed or, if not so prescribed, as required by the LTA; and (b)accompanied by —

(i)

the prescribed information and documents and any additional information or documents that the LTA may require to decide the application; and

(ii)

the prescribed fee, if any.

(2)

The LTA may refuse to give to an applicant any approval under subsection (1) to alter or modify an EV charger if —

(a)

the proposed alteration or modification will, in the LTA’s opinion, cause the EV charger —

(i)

to cease to satisfy the safety and performance standards prescribed to be a homologated model, or the safety and performance standards that were prescribed for a former homologated model if the EV charger concerned is covered by grandfathering arrangements because of a prospective revocation under section 9(3)(b); or

(ii)

to become another model of EV charger;

(b)

the application for the approval contains any false or misleading information; or

(c)

the applicant fails to provide the information and documents required under subsection (1)(b).

(3)

An EV charger of a homologated model does not cease to belong to that homologated model even if the EV charger is altered or modified, so long as the alteration or modification is with the prior approval of the LTA under this section for the alteration or modification.

(4)

(b)

access by way of push technology; (c)access by way of a standing request; and

(d)

access for a limited period of time only;“non‑approved EV charger” means an EV charger —

(a)

that belongs to a model that is not a homologated model;

(b)

that is not a specially authorised EV charger; and

(c)

that is not covered by any grandfathering arrangement because of a prospective revocation under section 9(3)(b) of any section 7(3) approval.

Definition

“access”, in relation to any advertisement on the Internet, means to read, view, hear or otherwise experience the content of the advertisement, by means of a broadcasting service or an electronic service, and includes —

(a)

access that is subject to a precondition, such as the use of a password;

(b)

access by way of push technology; (c)access by way of a standing request; and

(d)

access for a limited period of time only;

Definition

to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; but(ii)where the individual is a repeat offender — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $10,000; but(ii)where the person is a repeat offender — to a fine not exceeding $20,000.

(4)

To avoid doubt, it is immaterial whether the person is a licensee.

Clause 19

Registration of EV charger

(1)

A person who has charge and control of an EV charger must apply to the LTA to register the EV charger before the EV charger is first used, or allowed to be first used, by any person to charge any electric vehicle in Singapore.

(2)

An application under subsection (1) to register an EV charger must —

(a)

be made in the form and manner prescribed or, if not so prescribed, as required by the LTA; and

(b)

be accompanied by —

(i)

the prescribed information and documents and any additional information or documents that the LTA may require to decide the application; and

(ii)

assign the registered responsible person a registration mark showing that registration code.

(2)

The registered responsible person for a registered‑for‑charging EV charger must ensure that any registration mark issued by the LTA under subsection (1)(c) for the registered‑for‑charging EV charger is affixed on that EV charger in the prescribed manner within 60 days after the registration date or another longer period prescribed in substitution.

(3)

A registered responsible person for a registered‑for‑charging EV charger who, without reasonable excuse, contravenes subsection (2) commits an offence.

(4)

A person who is guilty of an offence under subsection (3) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but(ii)where the individual is a repeat offender — to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $2,500; but(ii)where the person is a repeat offender — to a fine not exceeding $5,000.

Clause 21

Cancellation of registration

(1)

The LTA may cancel the registration of a registered‑for‑charging EV charger if —

(a)

the LTA is satisfied that the registered‑for‑charging EV charger —

(i)

has been or will, within the prescribed period, be destroyed or removed from Singapore;

(ii)

has become unfit for use as an EV charger; (iii)has been forfeited under this Act or any other written law; or

(iv)

has been lost through theft or criminal breach of trust and the prescribed period after the loss has lapsed;

(b)

the LTA becomes aware of a circumstance that would have required or permitted the LTA to refuse to register the EV charger, had it been aware of the circumstance immediately before registering the EV charger;

(c)

the EV charger is not lawfully certified as fit for charging any electric vehicle in Singapore as required under section 25(1);

(d)

the registered responsible person for the registered‑for‑charging EV charger applies for the registration of the EV charger to be cancelled; or

(e)

the LTA is satisfied that a condition of registration of the EV charger has been contravened or is being contravened.

(2)

Where the registration of a registered‑for‑charging EV charger is cancelled under subsection (1), the registered responsible person for the EV charger must ensure that any registration mark issued by the LTA under section 20(1)(c) is removed from the EV charger within 30 days after the LTA informs the registered responsible person of the cancellation.

(3)

A person who, without reasonable excuse, contravenes subsection (2) commits an offence.

(4)

A person who is guilty of an offence under subsection (3) shall be liable on conviction to a fine not exceeding $1,000.

Clause 22

Register of registered-for-charging EV chargers

(1)

Subject to this section, the LTA must establish and maintain a register of registered‑for‑charging EV chargers in accordance with the Regulations.

(2)

The register of registered‑for‑charging EV chargers must contain —

(a)

the current prescribed information about each registered‑for‑charging EV charger, and its registered responsible person; and

(b)

such other prescribed information relating to the registered‑for‑charging EV charger.

(3)

However, the register of registered‑for‑charging EV chargers does not provide evidence of title to any EV charger.

(4)

Despite section 41 of the Land Transport Authority of Singapore Act 1995, a person who is or has been a member, an officer, an employee or an agent of the LTA or a member of a committee of the LTA must not disclose any information contained in the register of registered‑for‑charging EV chargers except —

(a)

when lawfully required to do so by any court;

(b)

where allowed under subsection (5);

(c)

where the information is prescribed information when it is disclosed; or

(d)

where required or allowed by the provisions of any other Act.

(5)

The LTA may, upon application made to it in writing by a person and on payment of the prescribed fee (if any), do any one or more of the following things as are required in the application:

(a)

inform the applicant (or the applicant’s authorised agent) whether an EV charger is registered as a registered‑for‑charging EV charger and whether the registration of a registered‑for‑charging EV charger is cancelled;

(b)

provide an applicant who belongs to a prescribed class of persons (or such an applicant’s authorised agent) all or any of the following:

(i)

information about the identity of the registered responsible person for a registered‑for‑charging EV charger;

(ii)

an extract of any entry in the register of registered‑for‑charging EV chargers relating to a particular registered‑for‑charging EV charger;

(iii)

the registration code of a particular registered‑for‑charging EV charger and other particulars in the register of registered‑for‑charging EV chargers relating to that particular EV charger;

(c)

certify to an applicant mentioned in paragraph (a) or (b) (or such an applicant’s authorised agent), the information in paragraph (a) or (b) applied for as at the date of the certificate.

Clause 23

Improper certification of EV charger

(1)

An individual must not certify an EV charger as fit for charging any electric vehicle in Singapore knowing that, or reckless as to whether, the EV charger is an EV charger —

(a)

that belongs to a model that is not a homologated model; and

(b)

that is not covered by any grandfathering arrangement because of a prospective revocation under section 9(3)(b) of any section 7(3) approval.

(2)

A person must not cause an individual to certify an EV charger as fit for charging any electric vehicle in Singapore knowing that, or reckless as to whether, the EV charger is an EV charger —

(a)

that belongs to a model that is not a homologated model; and

(b)

that is not covered by any grandfathering arrangement because of a prospective revocation under section 9(3)(b) of any section 7(3) approval.

(3)

A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but(ii)where the individual is a repeat offender — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $20,000; but(ii)where the person is a repeat offender — to a fine not exceeding $40,000.

(4)

An individual must not certify an EV charger as fit for charging any electric vehicle in Singapore unless the individual —

(a)

is a prescribed competent person for that charger; or

(b)

is certifying the EV charger together with a prescribed competent person for that charger.

(5)

An individual who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(6)

An individual must not certify any particular EV charger as fit for charging any electric vehicle in Singapore unless the individual is satisfied that —

(a)

in the case of a fixed EV charger, it is installed —

(i)

following the prescribed procedure and standard; and

(ii)

together with the essential apparatus or essential fittings or both which are prescribed in the Regulations; or

(b)

in the case of an EV charger that is not a fixed EV charger, it satisfies the safety and performance standards prescribed for a homologated model to which that EV charger belongs.

(7)

A person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

Clause 24

Improper installation of fixed EV charger

(1)

A person must not install, or cause to be installed, a fixed EV charger in any place in Singapore knowing that, or reckless as to whether, the EV charger is an EV charger —

(a)

that belongs to a model that is not a homologated model; and

(b)

that is not covered by any grandfathering arrangement because of a prospective revocation under section 9(3)(b) of any section 7(3) approval.

(2)

A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; but(ii)where the individual is a repeat offender — to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 48 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $40,000; but(ii)where the person is a repeat offender — to a fine not exceeding $80,000.

(3)

An individual must not undertake any work installing a fixed EV charger in Singapore unless the individual —

(a)

is a prescribed person; or (b)is carrying out the work under the direct supervision of a prescribed person.

(4)

An individual who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

Clause 25

Periodic inspection of EV charger

(1)

The registered responsible person for an EV charger —

(a)

must cause the EV charger to be periodically inspected and certified in accordance with this section by a prescribed competent person to ensure its continued fitness for charging any electric vehicle in Singapore; and

(b)

must produce to the LTA upon the LTA’s written demand —

(i)

a certificate by the prescribed competent person prepared under subsection (3)(b)(i); or

(ii)

a copy of the report of the inspection by the prescribed competent person prepared under subsection (3)(b)(ii).

(2)

An inspection required by this section of an EV charger must be carried out at the following frequency:

(a)

after the end of a prescribed period (in months) starting the date the first lawful certification was made under section 23 in respect of the EV charger as fit for charging any electric vehicle in Singapore;

(b)

thereafter, at intervals of not less than a prescribed period (in months) starting the date of the last certificate under this section.

(3)

An individual who is a prescribed competent person carrying out an inspection of an EV charger required by this section must —

(a)

carry out the inspection following the prescribed procedure and standard;

(b)

on completing the inspection —

(i)

certify the EV charger as continuing to be fit for charging any electric vehicle in Singapore; or

(ii)

prepare, in such form as the LTA may specify, a report on the results of the inspection mentioned in paragraph (a) and the assessment of the condition of the EV charger inspected; and

(c)

give a copy of the certificate or report mentioned in paragraph (b) to a registered responsible person for the EV charger without delay, and in any case, to enable the registered responsible person to comply with subsection (1).

(4)

A registered responsible person who, without reasonable excuse, fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(5)

An individual who is a prescribed competent person who, without reasonable excuse, fails to comply with subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

Clause 26

Keeping of records

(1)

The registered responsible person for a registered‑for‑charging EV charger must keep and retain, for inspection by an authorised officer, every certificate as to the fitness of the EV charger under sections 23 and 25(3)(b)(i), respectively, for a period of at least 2 years starting the date the certificate is made.

(2)

A registered responsible person who is subject to a requirement under subsection (1) to keep and retain any certificate commits an offence if the registered responsible person —

(a)

intentionally or negligently contravenes the requirement under subsection (1) to keep and retain; or

(b)

intentionally alters, suppresses or destroys any certificate which the registered responsible person is required under subsection (1) to keep and retain.

(3)

A person who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $10,000.

Clause 27

to an agent for the purpose of sale or destruction;

(c)

prescribe the information and documents required for an application to the LTA for authorisation to carry out a trial or special use mentioned in subsection (1);

(b)

provide for the grant of an authorisation by the LTA to a person to carry out such a trial or special use;

(c)

require the specified person to do all or any of the following:

(i)

to have in place liability insurance before the trial or special use starts, and to ensure that it is in force at all times during the period of the trial or special use;

(ii)

to deposit with the LTA a security of a type, and of an amount not lower than an amount, prescribed in those rules, to secure compliance with the conditions of authorisation;

(iii)

to remove, at the specified person’s own cost, any fixed EV charger installed in any place in Singapore when the trial or special use ends;

(d)

prescribe the alternative safety and performance standards for a specified model of EV charger used or to be used in the trial or special use;

(e)

prescribe the construction, design or use of —

(i)

technology, equipment or devices in relation to the EV chargers involved in the trial or special use; and

(ii)

any equipment or other thing that the specified person intends to construct or install in the vicinity of each EV charger;

(f)

prescribe the maintenance and inspection requirements to be met by the specified person in relation to specified EV chargers involved in the trial or special use;

(g)

prescribe the measures to be taken by the specified person for the purposes of managing or mitigating the risks of the trial or special use, including submitting a safety proposal for the LTA’s approval and implementing the safety proposal;

(h)

require the specified person to provide an incident report to the LTA in accordance with the prescribed guidelines and within the prescribed period, in the event of a prescribed incident;

(i)

require the keeping of records by the specified person, and the giving of information to the LTA or any other person designated by the LTA about the trial or special use carried out;

(j)

prescribe the persons or class of persons whom the specified person may engage in carrying out the trial or special use;

(k)

limit the number of specified EV chargers involved in the trial or special use;

(l)

prescribe the area or areas of Singapore in which a trial or special use may be carried out;

(m)

prescribe the period during which a trial or special use may be carried out;

(n)

prescribe the premises or types of premises where a trial or special use may or may not be carried out, as the case may be;

(o)

provide the grounds under which any authorisation granted under the rules to carry out a trial or special use may be cancelled in whole or in part, or suspended in whole or in part;

(p)

provide for a right to appeal to the Minister (whose decision on appeal is final) against any decision made by the LTA under the rules, and the procedure for those appeals;

(q)

prescribe the fees in relation to applications or requests to, or the doing of anything by, the LTA under the rules made under this section;

(r)

provide that any contravention of any provision of the rules made under this section shall be an offence punishable with a fine not exceeding $10,000; and

(s)

prescribe any saving and transitional provisions that may be necessary or expedient.

(4)

to repair an EV charger; or

(ii)

to determine whether an EV charger complies with the safety and performance standards prescribed to be a homologated model; and

(b)

who uses the EV charger for the sole purpose of —

(i)

determining, in the person’s ordinary course of business, whether the EV charger complies with the safety and performance standards prescribed to be a homologated model; or

(ii)

repairing the EV charger in the person’s ordinary course of business.

(5)

To avoid doubt, this section does not derogate from section 18.

Clause 31

Tampering with EV charger, etc.

(1)

A person commits an offence if the person wilfully tampers with an EV charger or any thing else related to an EV charger so as to cause or to be likely to cause danger to human life or damage to any property.

(2)

A person commits an offence if the person, by rash or negligent act or omission committed or omitted in respect of any EV charger, causes hurt to any person or damage to any property.

(3)

A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.

(4)

A person who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.

Clause 32

Unauthorised removal, defacement, etc., of labels and marks

(1)

An individual commits an offence if he or she, without reasonable excuse, defaces, obliterates or removes any of the following when it is lawfully affixed to an EV charger:

(a)

any approval label made available by the LTA under section 8(1)(b);

(b)

any alteration‑approved label made available by the LTA under section 13(1);

(c)

any registration mark issued by the LTA under section 20(1)(c) for a registered‑for‑charging EV charger.

(2)

An individual who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; but(b)where the individual is a repeat offender — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(3)

A person commits an offence if the person, without reasonable excuse, causes an individual to deface, obliterate or remove any of the following when it is lawfully affixed to an EV charger:

(a)

any approval label made available by the LTA under section 8(1)(b);

(b)

any alteration‑approved label made available by the LTA under section 13(1);

(c)

any registration mark issued by the LTA under section 20(1)(c) for a registered‑for‑charging EV charger.

(4)

A person who is guilty of an offence under subsection (3) shall be liable on conviction —

(a)

where the person is an individual —

(i)

Definition

“safety‑related defect”, in relation to an EV charger, means a feature of the design or construction of the EV charger that is liable to cause serious damage to property or significant risk of personal injury or death to any person, and includes any defect relating to a component of the EV charger that is supplied with the EV charger as original equipment;

Definition

“supplier” means a person who is engaged in the business of supplying EV chargers.

Clause 35

Duty to notify safety-related defect in EV chargers

(1)

Where a manufacturer or supplier of an EV charger becomes aware of any safety‑related defect in the EV charger or model of that EV charger, it is the duty of the manufacturer or supplier (as the case may be) to give, within the time prescribed, notice about the safety‑related defect as described in subsection (2) to —

(a)

the LTA;

(b)

every registered responsible person for a registered‑for‑charging EV charger that is of the same model; and

(c)

every person having charge and control of an EV charger that is of the same model, if the EV charger is an unregistered charger.

(2)

A notice required to be given under subsection (1) with respect to an EV charger must contain —

(a)

a description of the safety‑related defect in the EV charger;

(b)

an evaluation of the safety risk arising from that defect;

(c)

the directions on how to rectify the defect or how to arrange for the manufacturer or supplier giving the notice to rectify the safety‑related defect in the EV charger (called rectification work); and

(d)

a warning —

(i)

to stop charging, or to stop allowing charging, of any electric vehicle with the EV charger; (ii)to not supply or otherwise transfer possession of the EV charger to anyone else;

(iii)

to not install or to not allow installing of the EV charger; and

(iv)

to not certify or to not allow certifying of the EV charger,before the rectification work mentioned in paragraph (c) concerning the EV charger has been completed.

(3)

A notice required to be given under subsection (1) that is addressed to a person is sufficiently served if it is —

(a)

given in the manner prescribed in section 93; or

(b)

for a notice that is addressed to a class of persons —

(i)

given to each of the persons in the class in accordance with section 93; or (ii)published both —

(A)

in a daily newspaper circulating in Singapore or in any other news media that, in the opinion of the LTA, will be most likely to bring the notice to the attention of the persons who belong to the class; and

(B)

on the LTA’s website.

(4)

A manufacturer or supplier of an EV charger who, without reasonable excuse, fails to comply with the requirements of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.

(5)

A manufacturer or supplier of an EV charger who gives a notice under subsection (1) about a safety‑related defect in the EV charger must, within the prescribed time, report to the LTA the completion of every rectification work mentioned in the notice under subsection (2)(c).

(6)

A manufacturer or supplier of an EV charger who, without reasonable excuse, fails to comply with the requirements of subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.

Clause 36

Duty to observe warning in section 35 notice

(1)

A person in section 35(1)(b) or (c) to whom a notice under section 35(1) is given about a safety‑related defect in an EV charger, or a model of EV charger, commits an offence if the person, without reasonable excuse, fails to comply with the warning contained in that notice.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $2,000 for each EV charger in respect of which the offence is committed, subject to a maximum of $20,000 and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.

Clause 37

Safety and security directives

(1)

The LTA may, on its own initiative or otherwise, and in accordance with subsections (2), (3), (4) and (5), give such safety and security directives of general application as may be necessary —

(a)

to avoid any actual or imminent occurrence of death of, or a serious injury to, any individual, or of serious damage to any property, from the use of any EV charger; or

(b)

to alleviate or minimise a serious and imminent threat or risk to the national security of Singapore.

(2)

The LTA may give a safety and security directive made under this section to all or any of the following, individually or as a class:

(a)

a manufacturer or supplier of an EV charger;

(b)

a registered responsible person for a registered‑for‑charging EV charger;

(c)

a person who has charge and control of an unregistered EV charger;

(d)

a licensee.

(3)

In making a safety and security directive under this section, it is not necessary for the LTA to give any person who may be affected by the directive a chance to be heard before the directive is given.

(4)

A safety and security directive may be in force for a period not exceeding 6 months unless earlier revoked under subsection (5), and may be renewed by the LTA once only for a further period not exceeding 6 months.

(5)

The LTA may, at any time when any safety and security directive is in force, revoke the safety and security directive by giving notice of that revocation in the same manner as the directive was given.

(6)

So far as any safety and security directive is inconsistent with any Regulations, the safety and security directive prevails.

Clause 38

How safety and security directive is given

(1)

remove the fixed EV charger from an electrical installation it is affixed to;

(e)

stop providing EV charging services using the EV charger; or

(f)

stop undertaking any other regulated activity using the EV charger.

(2)

A person to whom a safety and security directive is given and who is required by the directive to do, or to refrain from doing, for a specified period, things specified in the directive or things that are of a description specified in the directive, commits an offence if the person intentionally or negligently fails to comply with the directive.

(3)

A person who is guilty of an offence under subsection (2) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; but(ii)where the individual is a repeat offender — to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 48 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $40,000; but(ii)where the person is a repeat offender — to a fine not exceeding $80,000.

Clause 40

Interpretation of this Part

A person commits an offence if the person undertakes any regulated activity using a type of EV charger (except for a specially authorised EV charger) when the person —

(a)

is not authorised to do so by a licence; and

(b)

is not exempt from this section under section 92.

(2)

The offence under subsection (1) is a strict liability offence.

(3)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction; or

(b)

where the person is not an individual — to a fine not exceeding $30,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.

Clause 42

Application for or to renew licence

(1)

An application for or to renew a licence must be made to the LTA in accordance with this section.

(2)

An application for or to renew a licence must —

(a)

be made in the form and manner prescribed or, if not so prescribed, as required by the LTA;

(b)

be accompanied by a prescribed application fee, if any;

(c)

contain —

(i)

an address in Singapore at which notices and other documents under this Act for the applicant may be served; or

(ii)

the name and address of one or more persons in Singapore authorised by the applicant to accept on the applicant’s behalf service of notices and other documents under this Act;

(d)

state the type or types of EV chargers to be used in the regulated activity to be covered in the licence; and

(e)

be accompanied by the prescribed information and documents and any other additional information or documents that the LTA requires to decide the application.

(3)

In addition, an application to renew a licence must be made no later than a prescribed period before the date of expiry of the licence, unless otherwise allowed by the LTA in any particular case which must then be treated as a late renewal application.

(4)

The LTA may refuse to consider an application for or to renew a licence —

(a)

that is incomplete or not made in accordance with this section; or

(b)

where an inspection mentioned in subsection (5) in relation to the application is refused.

(5)

Upon receiving an application for or to renew a licence, the LTA may carry out, or arrange to be carried out by any authorised officer, such investigations and inquiries in relation to the application as the LTA considers necessary for a proper consideration of the application, which may include an inspection of one or more of the following:

(a)

the place or premises on or at which the applicant intends to do any of the following:

(i)

to provide the EV charging service in the application;

(ii)

to undertake any other regulated activity in the application;

(iii)

to install any fixed EV charger or carry out any activity in connection with the provision of that EV charging service or undertaking that regulated activity;

(b)

any part of an EV charger which the applicant intends to use in undertaking the regulated activity in the application;

(c)

any equipment or other thing which the applicant intends to construct or install in the vicinity of the EV charger in paragraph (b) for or in connection with undertaking the regulated activity in the application.

Clause 43

Grant of licence

(1)

After considering any application under section 42 for or to renew a licence, the LTA may —

(a)

on payment of —

(i)

the applicable licence fee (if prescribed), grant the applicant a licence authorising the applicant to undertake a regulated activity using one or more types of EV chargers specified in the licence; or

(ii)

a renewal fee (if prescribed) and, in the case of a late renewal application a late renewal fee (if prescribed), renew the licence; or

(b)

refuse to grant or renew the licence, as the case may be.

(2)

In deciding whether an applicant should be granted a licence, or whether the applicant’s licence should be renewed, and the conditions to impose or modify, the LTA must have regard, and give such weight as the LTA considers appropriate, to all of the following matters:

(a)

whether the applicant is operating or is intending to operate more than one charging station in Singapore;

(b)

the design and safety of the following:

(i)

the EV chargers to be used by the applicant in undertaking the regulated activity in Singapore; (ii)any equipment or other thing which the applicant intends to construct or install in the vicinity of each EV charger in sub‑paragraph (i) for or in connection with undertaking the regulated activity in the application;

(c)

whether the applicant does or does not have (or is likely or unlikely to have) the financial capacity and ability to provide the EV charging service in the application according to this Act and the applicable standards of performance;

(d)

whether the applicant is a corporation, partnership, limited liability partnership or an unincorporated association;

(e)

whether the applicant and where necessary, whether every officer of the applicant is a suitable person to be involved in the management and operation of providing the EV charging service in the application;

(f)

whether the applicant has nominated or will nominate at least one individual who satisfies the prescribed qualifications as a representative if a licence is granted;

(g)

whether the applicant had provided, or caused or permitted to be provided, any information in connection with the application, which was false or misleading in a material particular;

(h)

whether it is otherwise contrary to the public interest for the licence to be granted to the applicant.

(3)

For the purpose of determining whether or not a person or an individual referred to in subsection (2)(e) is a suitable person to be involved in the management and operation of providing an EV charging service, the LTA must have regard, and give such weight as the LTA considers appropriate, to all of the following matters:

(a)

any evidence of the exercise of any power under section 53 or 54 —

(i)

in relation to the person or individual for committing an offence under this Act, or for contravening any direction given under this Act, whether or not that person or individual was a part of the applicant at the point in time that the power was exercised; or

(ii)

in relation to a licensee holding, or a former licensee which held, a licence of which the individual is or was an officer when the power was exercised;

(b)

any prior conviction of that person or individual for committing any of the following offences:

(i)

any offence under this Act;

(ii)

any offence under any other written law, involving undertaking a regulated activity in Singapore;

(iii)

any other offence involving fraud or dishonesty, whether or not the conviction was in a Singapore court;

(c)

any previous occasion where the person or individual accepted any composition sum offered under any written law for an offence mentioned in paragraph (b).

(4)

To avoid doubt, the LTA is not confined to consideration of the matters specified in subsection (2) or (3) and may take into account any other matters and evidence that may be relevant.

(5)

Without affecting subsection (1), the LTA may grant a renewal of a licence with or without modifying the conditions of the licence, but section 46(2), (3) and (4) does not apply to or in relation to granting a renewal of a licence with modifications to the conditions of the licence.

Clause 44

Periodic fee for licence and licence validity

(1)

Subject to subsection (2), every licence granted under this Part is valid for the period specified in the licence and is in force unless the licence is earlier suspended or revoked under section 53.

(2)

Where a licence granted under this Part is partially suspended under section 53, that licence is valid for the period specified in the licence in relation to undertaking a regulated activity using the types of EV chargers authorised by the licence that have not been suspended.

(3)

For every period prescribed (which must not exceed the validity of a licence), the licensee granted that licence must pay to the LTA, not later than the date prescribed, a periodic fee prescribed for that licence.

(4)

If a licensee fails to pay the periodic fee in accordance with subsection (3), the LTA may, by written notice, require the licensee to make good the default.

(5)

Every licence must be in the form the LTA determines.

Clause 45

Conditions of licence

(1)

In granting a licence to any person, the LTA may impose any conditions that the LTA considers requisite or expedient having regard to the purposes of this Act.

(2)

In particular, in granting a licence, the LTA may impose conditions —

(a)

requiring the licensee to undertake the regulated activity in the licence using only the type or types of EV chargers that the LTA has specified in the licence;

(b)

requiring the licensee to tag any EV charger that is being used by the licensee in connection with the regulated activity;

(c)

requiring the licensee to operate only EV chargers that can be activated to allow a variation in the rate at which electricity is transferred from a charging station to the battery of an electric vehicle and being able to, on request, activate this capability;

(d)

requiring the licensee to operate EV chargers with interoperable open communication standards;

(e)

requiring the licensee to ensure that the EV chargers have signals or indicators that are able to show that the battery connected to the EV charger in question is being charged;

(f)

requiring the licensee to be insured and maintain insurance for a prescribed minimum amount for the validity period of the licence, under one or more approved policies with an insurer within the meaning of the Insurance Act 1966 against third‑party liabilities for death, personal injury or damage to property which a customer or other person may sustain or incur in the course of undertaking the regulated activity authorised by the licence;

(g)

prohibiting the collection and further collection of deposits from users of EV chargers used in the provision of the EV charging service covered by the licence;

(h)

requiring the licensee to provide the EV charging service to customers using one or more specific modes of payment, including the following:

(i)

payment by credit card;

(ii)

payment by way of Singapore Quick Response Code;

(i)

requiring the licensee to provide for payment methods that do not require a user to register for an account with the licensee;

(j)

requiring the licensee to correct EV charging service downtime issues within a specified period of time and to provide incident reports to the LTA;

(k)

requiring the licensee to provide to the LTA, upon the LTA’s request, such financial information about the regulated activity undertaken during such period as may be specified by the LTA;

(l)

requiring the licensee to comply with specified standards or requirements relating to cybersecurity (as defined in section 2(1) of the Cybersecurity Act 2018);

(m)

requiring the licensee —

(i)

to appoint, and ensure that at all times there is appointed, one or more persons in Singapore authorised by the licensee to accept on the licensee’s behalf service of notices and other documents under this Act; and

(ii)

to provide the name, address and contact details of the person or persons appointed as required by sub‑paragraph (i); and

(n)

specifying the areas in Singapore within which the licensee must not operate a battery charge and swap station if that is authorised by the licence.

(3)

In this section, “approved policies” means policies of insurance each of which is not subject to any conditions, exclusions or exceptions prohibited by the Regulations.

Clause 46

be accompanied by an application fee, if prescribed; and

(c)

be accompanied by the prescribed information and any other additional information that the LTA requires to decide on the application.

(4)

However, an application under subsection (1) must be made no later than 9 months (or such longer or shorter period as may be prescribed in substitution) before the date of expiry of the licence concerned.

(5)

The LTA may refuse to consider an application under subsection (1) where the application is incomplete or not made in accordance with this section.

(6)

After considering any application under subsection (1), the LTA may do either of the following:

(a)

on payment of a prescribed fee to modify the types of EV chargers under the licence and, where the application involves the addition of one or more additional types of EV chargers, another prescribed fee, grant the licensee the modification applied for and modify any other relevant conditions of the licence as a consequence;

(b)

refuse to allow the licensee to modify the EV chargers that the licensee is authorised to use in undertaking a regulated activity under its licence.

(7)

Section 43(2), (3), (4) and (5) applies, with the necessary modifications, to every application under subsection (1) as if the application were an application for or to renew a licence.

(8)

A person commits an offence if the person, being an applicant under subsection (1) —

(a)

provides, or causes or permits to be provided, any information or document in connection with the application which is false or misleading in a material particular; and

(b)

knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular.

(9)

A person who is guilty of an offence under subsection (8) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

Clause 48

Restriction on surrender of licence

Every licence is not capable of being surrendered without the written consent of the LTA, and any surrender or purported surrender of a licence is void if it is without such consent.

Clause 49

Record-keeping and giving information

(1)

A licensee authorised to undertake a regulated activity must —

(a)

keep and retain, for such period as may be prescribed, records or data about the regulated activity that is prescribed, being relevant to monitoring or evaluating the regulated activity for the purposes of this Part (including that relating to charger location, charger availability, charger utilisation and energy consumption rate); and

(b)

give to the LTA (or its agent) within the period and in the manner prescribed, those records or data or both.

(2)

A licensee who is subject to a requirement under subsection (1) commits an offence if the licensee —

(a)

intentionally or negligently contravenes the requirement under subsection (1) to keep, retain or give;

(b)

intentionally alters, suppresses or destroys any records or data which the person is required under subsection (1) to keep, retain or give; or

(c)

who, in keeping, retaining or giving the records or data required under subsection (1), makes any statement which the person knows to be false in a material particular, or recklessly makes such a statement.

(3)

A person who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $10,000.

(4)

To avoid doubt, it is lawful for any licensee to give to the LTA any information mentioned in subsection (1) without the LTA compensating the licensee concerned.

Clause 50

Publication of information on publicly accessible online platform

(1)

The LTA may publish on a publicly accessible online platform administered by or under the control of the Government or any public authority, any data about respective licensees’ charger location, charger availability, retail price of charging service and charger utilisation that —

(a)

can be obtained from a publicly available source, including any digital application software owned or operated by a licensee; or

(b)

can be derived from information obtained from a publicly available source, including any digital application software owned or operated by a licensee.

(2)

It is lawful for the LTA to publish any information under subsection (1) without the LTA compensating the licensee concerned.

(3)

Where the LTA provides a service to the public by which information is supplied to the public under this section, no member, officer or employee of the LTA involved in the supply of such information shall be liable for any loss or damage suffered by any member of the public by reason of any error or omission of any nature appearing therein or however caused if made in good faith, with reasonable care and in the ordinary course of the discharge of the duties of such member, officer or employee.

Clause 51

Standards of performance for licensees

(1)

The LTA may —

(a)

issue one or more standards of performance applicable to licensees generally or specially;

(b)

approve as a standard of performance applicable to licensees, any document prepared by a person other than the LTA if the LTA considers the document as suitable for this purpose; or

(c)

amend or revoke any standard of performance issued under paragraph (a) or approved under paragraph (b),with respect to all or any of the matters in subsection (2) or (3), as the case may be.

(2)

The matters for the purposes of subsection (1) include any of the following:

(a)

performance standards relating to undertaking a regulated activity and the quality of aspects of the provision of an EV charging service;

(b)

the LTA revokes the direction.

(4)

Before exercising any powers under subsection (1), the LTA must, unless the LTA in respect of any particular direction considers that it is not practicable or desirable, give written notice to the licensee concerned —

(a)

stating that the LTA intends to give a direction to the licensee under this section and the nature of the direction; and

(b)

specifying the time (being at least 7 days after the date of service of notice on the licensee) within which written representations may be made to the LTA with respect to the proposed direction.

(5)

However, subsection (4) does not apply where the LTA, in respect of any particular direction, considers that it is not practicable or desirable to comply with that subsection.

(6)

The LTA may, after considering any written representation made pursuant to subsection (4)(b), decide to give or not to give the direction as the LTA considers appropriate.

(7)

The LTA must serve on the licensee concerned a notice of its decision under subsection (6).

(8)

Where the LTA gives written notice to the licensee under subsection (4) and the licensee fails to make written representations to the LTA on or by the date mentioned in subsection (4)(b), the LTA must, on a date that is not more than 28 days after the date on which written representations were to have been made by under subsection (4)(b), give to the licensee the direction mentioned in subsection (4)(a).

(9)

Every licensee must comply with every direction given under this section to the licensee as soon as it takes effect.

(10)

No civil or criminal liability is incurred by the licensee, or an officer, employee or agent of the licensee, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to a direction given under this section.

Clause 53

Suspension or revocation, etc., of licence

(1)

Subject to section 55, if the LTA is satisfied that —

(a)

a licensee is contravening or not complying with, or has contravened or failed to comply with —

(i)

any of the conditions of the licensee’s licence;

(ii)

any provision of this Act or the Regulations applicable to the licensee, contravention of or non‑compliance with which is not an offence under this Act;

(iii)

any provision of a standard of performance applicable to the licensee; or

(iv)

any direction or order given to the licensee under subsection (2)(c) or (e) or section 52;

(b)

the licensee —

(i)

has gone, or is likely to go, into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; or

(ii)

is, or is likely to be, placed under judicial management of a judicial manager under any written law relating to the insolvency of companies;

(c)

the licensee has made any assignment to, or composition with, its creditors or if a corporation, is unable to pay its debts;

(d)

the licensee is not undertaking an adequate and satisfactory regulated activity;

(e)

the licensee or an officer of the licensee is convicted of any offence under this Act or the Regulations committed during the term of the licence, as the case may be;

(f)

the licence had been obtained by the licensee by fraud or misrepresentation;

(g)

the licence fee, periodic fee, renewal fee or late renewal fee required by section 43(1) or 44(1) (as the case may be) has not been paid by the licensee in full on or by the date on which payment was due; or

(h)

the public interest of Singapore requires,the LTA may revoke (without compensation) the licensee’s licence.

(2)

However, the LTA may, in lieu of revoking a licensee’s licence, do (without compensation) any one or more of the following:

(a)

censure the licensee in writing;

(b)

modify any condition of the licensee’s licence;

(c)

direct the licensee —

(i)

to do, or to refrain from doing, such things as are specified in a direction to rectify any contravention or non‑compliance mentioned in subsection (1)(a); or

(ii)

to remove, within a period specified in the direction, from all public places EV chargers that are tagged by the licensee in undertaking a regulated activity or any equipment or other thing constructed or installed in the vicinity of the EV charger for or in connection with the regulated activity undertaken when the licence is not in force;

(d)

suspend or partially suspend the licence for not more than 12 months;

(e)

direct the licensee to pay, within a period specified in a direction, a financial penalty of any amount that the LTA thinks fit, but not exceeding $100,000 for each instance of the contravention or non‑compliance which is the subject of the regulatory action;

(f)

direct the furnishing by the licensee of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, for all or any of the following:

(i)

to secure compliance by the licensee with any condition attached to the licence or any standard of performance applicable to the licensee;

(ii)

to meet any financial penalty arising out of any regulatory action started or likely to start against the licensee, or both.

(3)

Where any financial penalty is imposed on a licensee for contravening or not complying with —

(a)

any condition attached to the licence; or

(b)

any standard of performance applicable to the licensee,any performance bond, guarantee or other form of security furnished by the licensee to secure compliance by the licensee with any condition attached to that licence or any standard of performance applicable to the licensee must not be forfeited by the LTA for that contravention or non‑compliance except to the extent to pay the financial penalty.

(4)

In taking any regulatory action under this section in relation to the conviction of a licensee or any person for a criminal offence, the LTA may accept the licensee’s or person’s conviction as final.

(5)

For the purposes of subsection (1)(c), a corporation is unable to pay its debts if it is a corporation which is deemed to be so unable under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018.

Clause 54

Regulatory action can continue despite licence expiry, etc.

(1)

Subject to section 55, if regulatory action under section 53 has started against a licensee, and the LTA does not take any regulatory action before the date of expiry of the licensee’s licence for reasons other than the LTA discontinuing the regulatory action, then despite the licence expiry, the regulatory action may continue and the LTA may exercise any powers under subsection (2) in relation to the former licensee if satisfied of any ground mentioned in section 53(1).

(2)

The LTA may, if satisfied of any ground mentioned in section 53(1), do (without compensation) any one or more of the following:

(a)

censure the former licensee in writing;

(b)

direct the former licensee —

(i)

to do, or to refrain from doing, such things as are specified in a direction to rectify any contravention or non‑compliance mentioned in section 53(1)(a) by the former licensee when the licence was in force; or

(ii)

to remove, within a period specified in the direction, from all public places EV chargers that are tagged by the former licensee in undertaking a regulated activity or any equipment or other thing constructed or installed in the vicinity of the EV charger for or in connection with the regulated activity undertaken;

(c)

Clause 57

Step-in order

(1)

The Minister may make an order under this section (called a step‑in order) if the licence of a designated licensee is suspended in its entirety, revoked or surrendered, and on receipt of the written advice from the LTA of its opinion that it is necessary to take over some or all of the operations of the designated licensee to ensure that the designated licensee’s customers receive an adequate provision of EV charging services.

(2)

Before a step‑in order is made under this section, the Minister must give the designated licensee concerned a reasonable opportunity to make submissions in respect of the proposed step‑in order.

(3)

A step‑in order —

(a)

authorises a step‑in operator chosen by the LTA to take over, the operations of the designated licensee concerned, or a specified part of those operations;

(b)

may appoint, or order the designated licensee concerned to appoint, a person to advise the designated licensee in the proper conduct of its business;

(c)

may specify that —

(i)

the step‑in operator has such functions and powers in relation to the operations of the designated licensee concerned as are specified in the order;

(ii)

the designated licensee concerned is to stop providing EV charging services to specified customers on and from a specified date; and

(iii)

the step‑in operator must have access to, and take control of, the EV chargers or premises or other assets and other property, including the charger management software, any software used to manage the supply of electricity to the EV chargers, intellectual property, licences and employees, used or required by the designated licensee for the purposes of carrying on the operations specified in the order; and

(d)

may contain ancillary directions that may —

(i)

direct how the costs of providing the EV charging service, and revenue generated from the provision of that service, are to be dealt with;

(ii)

fix the remuneration and expenses to be paid by a designated licensee to any person appointed by the Minister under paragraph (b) to advise the designated licensee in the proper conduct of its business;

(iii)

specify the period for which the step‑in order under subsection (1) applies, such period being not more than 12 months starting on the date that the step‑in order is made; and

(iv)

specify any other conditions that may apply.

(4)

Any decision of the Minister under subsection (1) is final.

(5)

A step‑in order operates to the exclusion of rights that are inconsistent with the step‑in order.

(6)

The designated licensee concerned —

(a)

must facilitate the handover of the operations to the step‑in operator as specified in the order;

(b)

must not obstruct the step‑in operator’s access to property or the exercise by the step‑in operator of the step‑in operator’s responsibilities under this section; and

(c)

must comply with reasonable directions given by the step‑in operator in the exercise of the step‑in operator’s responsibilities under this section.

(7)

The designated licensee which fails to comply with subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.

Clause 58

Restrictions on voluntary winding up, etc.

(1)

Despite the provisions of any other written law, where a company is a designated licensee —

(a)

the company must not be wound up voluntarily without the consent of the LTA;

(b)

no judicial manager may be appointed under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the company;

(c)

no step is to be taken by any person to enforce any security over the company’s property except where that person has served 14 days’ notice of the person’s intention to take that step on the LTA; and

(d)

no application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 may be made by any person in relation to the company, unless that person has served 14 days’ written notice of that person’s intention to make the application on the LTA.

(2)

The LTA must be a party to —

(a)

any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of a company that is a designated licensee; or

(b)

any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a company that is a designated licensee.

Clause 59

Rules and saving for step-in arrangements

(1)

The Minister may, by rules made under this section, give effect to this Part, including making provision for applying, omitting or modifying the provisions of Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 where a step‑in order is made.

(2)

Nothing effected or to be effected by this Part or done under this Part —

(a)

is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong;

(b)

is to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information;

(c)

is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation;

(d)

is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any relevant property;

(e)

is to be regarded as causing any contract or instrument to be void or otherwise unenforceable, or as frustrating any contract; or

(f)

releases any surety or other obligor wholly or in part from any obligation.

Clause 60

Interpretation of this Part

In this Part —“approved electrical load”, in relation to a development, means the maximum electrical load rating of the development as approved by a market support services licensee under the Electricity Act 2001;“building” includes part of a building;“building works” means —

(a)

the erection or extension of a building; or

(b)

the alteration, addition or repair of a building,but excludes building works for a temporary building or the occupation of any temporary building;“developer”, for any building works to which this Part applies, means the person for whom or on whose behalf those building works are carried out;“development” means any land or premises on which any development (within the meaning of section 3 of the Planning Act 1998) is or is to be carried out, and in respect of which —

(a)

a permission is granted by a competent authority under Part 3 of the Planning Act 1998 on or after the date of commencement of this Part; or

(b)

an authorisation by notification under section 21(6) of the Planning Act 1998 is made on or after the date of commencement of this Part;“electrical work” has the meaning given by section 2(1) of the Electricity Act 2001;“gross floor area” means the floor area that is used in the computation of the land betterment charge in relation to any development under the Land Betterment Charge Act 2021;“market support services licensee” has the meaning given by section 2(1) of the Electricity Act 2001;“motor car” means a motor vehicle with 4 wheels which is constructed to carry a load or passengers and the weight of which unladen —

(a)

does not exceed 3,000 kilograms in the case of a vehicle which is —

(i)

constructed solely for the carriage of passengers and their effects; and

(ii)

adapted to carry not more than 7 passengers exclusive of the driver; and

(b)

does not exceed 3,000 kilograms in the case of a vehicle which is —

(i)

constructed solely for the carriage of passengers and their effects; and

(ii)

adapted to carry not more than 7 passengers exclusive of the driver; and

(b)

any building works that results in the erection or re‑erection of a building;

(b)

any other building works for any building comprised in the development, the grant of permission of which by the competent authority or authorisation by notification under section 21(6) of the Planning Act 1998 would increase the approved gross floor area of the development by at least 50% or any lower percentage prescribed in substitution under subsection (2);

(c)

any electrical work —

(i)

where the approved electrical load of the development before the electrical work is carried out is more than 280kVA or any lower electrical load prescribed in substitution under subsection (2) — that requires an approval by the market services support licensee concerned to increase the approved electrical load of the development; or

(ii)

where the approved electrical load of the development before the electrical work is carried out is 280kVA or less, or any lower electrical load prescribed in substitution under subsection (2) — that requires an approval by the market services support licensee concerned to increase the approved electrical load of the development to more than 280kVA or such lower electrical load as so prescribed;

(d)

any other building works or electrical work prescribed by an order in the Gazette under subsection (2).

(2)

The Minister may, for the purpose of encouraging the use of electric vehicles in Singapore through an expanded network of accessible charging points, make an order in the Gazette for the following purposes:

(a)

prescribe any additional building works or electrical work as “defined works”;

(b)

prescribe a lower threshold percentage of increase in the approved gross floor area of a development for the purposes of subsection (1)(b);

(c)

prescribe a lower threshold level of approved electrical load of a development for the purposes of subsection (1)(c).

(3)

In this section, “competent authority” means any competent authority appointed under section 5 of the Planning Act 1998 to be responsible for the operation of Part 3 of that Act, and includes any individual authorised under section 5(2) of that Act to perform any of those functions conferred on the competent authority.

Clause 62

Disapplication of this Part

(1)

This Part does not apply to —

(a)

any defined works carried out by or on behalf of the Government on State land;

(b)

any defined works carried out by or on behalf of any public authority on land owned by that public authority; or

(c)

any defined works carried out in connection with any development specified in Part 4 of the Schedule to the Parking Places (Provision of Parking Places and Parking Lots) Rules 2018.

(2)

Sections 64(1)(b) and 65(1)(b) do not apply in relation to any defined works carried out in any development that would result in fewer than 8 parking lots within the parking place of the development after the completion of the defined works.

(3)

The Minister may make an order in the Gazette to lower the number of parking lots mentioned in subsection (2).

Clause 63

Power to exempt

(1)

The Minister may, if satisfied in any particular case that the application of this Part is incompatible with the purposes of this Act or would cause substantial hardship to any person, exempt any person in relation to any particular defined works carried out in a development for or on behalf of that person from all or any of the provisions of this Part, subject to any condition that the Minister may impose.

(2)

An exemption under subsection (1) need not be published in the Gazette.

Clause 64

Minimum electrical load and charging points in parking place for building works

(1)

Subject to subsection (10), the developer of any building works must, no later than the relevant date for those building works, install or cause to be installed —

(a)

all electrical infrastructure necessary to supply a minimum electrical load for the purpose of charging electric vehicles in the parking places of the development; and

(b)

in the parking places of the development, a minimum number of charging points determined in accordance with a formula to be prescribed by the Minister by order in the Gazette.

(2)

The minimum electrical load mentioned in subsection (1)(a) is determined in accordance with a formula to be prescribed by the Minister by order in the Gazette.

(3)

The developer of those building works must, before the relevant date mentioned in subsection (1), submit to the LTA for approval under this subsection —

(a)

the developer’s proposals and plans for complying with the requirements imposed under that subsection; and

(b)

any prescribed information and document and any additional information or documents that the LTA may require in any particular case.

(4)

The LTA must disapprove the proposals and plans if the LTA is not satisfied that the proposals and plans submitted under subsection (3) comply with the requirements under subsection (1).

(5)

For the purpose of demonstrating that the works covered by the proposals and plans approved under subsection (3) have been completed, the developer of those building works must, before the relevant date for those works, give to the LTA —

(a)

all information and documents that are prescribed; and

(b)

any other information or document required by the LTA in any particular case.

(6)

The LTA may, after considering all information and documents submitted under subsection (5) in relation to any particular building works and conducting all necessary checks (including any inspection carried out by an authorised officer of the development where the building works are carried out) to ensure that subsection (1) has been complied with, issue a certificate to the developer of the building works certifying that subsection (1) has been complied with.

(7)

The LTA may issue a remedial notice to the developer of the building works mentioned in subsection (1) requiring the developer —

(a)

to take any step specified in the remedial notice as the LTA thinks fit to rectify any non‑compliance with subsection (1); and

(b)

to do so within the period specified in the remedial notice, or any extension of that period as the LTA may allow in any particular case.

(8)

A developer who contravenes or fails to comply with a remedial notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 and, in the case of a continuing offence, to a further fine of $500 for every day or part of a day during which the offence continues after conviction.

(9)

The offence under subsection (8) is a strict liability offence.

(10)

This section does not apply if the electrical infrastructure and charging points required under subsection (1)(a) and (b) are comprised within the development for which any building works are to be carried out.

(11)

In this section —

Definition

“electrical infrastructure” includes —

(a)

the electrical switch room of the development, and the main electrical distribution board in the electrical switch room; and

(b)

the electrical substation of the development, and the electrical switchboards, switchgears, transformers and any other electrical and cabling equipment in the electrical substation;

Definition

“relevant date”, in relation to any building works, means a date prescribed by the Minister by order in the Gazette in relation to those building works.

Clause 65

Minimum electrical load and charging points in parking place for electrical work

(1)

Subject to subsection (12), the owner of any development in respect of which electrical work is carried out must, within the period specified in subsection (4), install or cause to be installed —

(a)

It is not a reasonable excuse for a person to fail to comply with subsection (3) read with subsection (4) on the ground that the disclosure of any prescribed information or document might tend to incriminate the person.

(8)

The LTA may, after considering all information and documents submitted under subsection (3) and conducting all necessary checks (including any inspection carried out by an authorised officer of the development where the electrical work is carried out) to ensure that subsection (1) has been complied with, issue a certificate to the owner of the development certifying that subsection (1) has been complied with.

(9)

The LTA may issue a remedial notice to the owner of the development mentioned in subsection (1) requiring the owner —

(a)

to take any step specified in the remedial notice as the LTA thinks fit to rectify any non‑compliance with subsection (1); or

(b)

to do so within the period specified in the remedial notice, or any extension of that period as the LTA may allow in any particular case.

(10)

A person who contravenes or fails to comply with a remedial notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 and, in the case of a continuing offence, to a further fine of $500 for every day or part of a day during which the offence continues after conviction.

(11)

The offence under subsection (10) is a strict liability offence.

(12)

This section does not apply if —

(a)

the requirements in Division 2 apply in relation to any development where building works are to be carried out together with the electrical work; or

(b)

the electrical infrastructure and charging points required under subsection (1)(a) and (b) are comprised within the development for which any electrical work is to be carried out.

(13)

In this section —

Definition

“common property”, “limited common property”, “lot” and “subdivided building” have the meanings given by section 2(1) of the Building Maintenance and Strata Management Act 2004;

Definition

“electrical infrastructure” has the meaning given by section 64(11);

Definition

“owner”, in relation to a development, means —

(a)

in relation to any premises which are not subdivided — any person who is the registered proprietor of the fee simple, estate in perpetuity or leasehold estate of those premises in the land‑register under the Land Titles Act 1993;

(b)

in relation to any common property or any limited common property of any premises comprised in a strata title plan under the Land Titles (Strata) Act 1967 — the management corporation or subsidiary management corporation (as the case may be) having control of the common property or limited common property;

(c)

in relation to any subdivided building other than a subdivided building mentioned in paragraph (b), means —

(i)

Interpretation of this Part

In this Part —“appealable decision” means any of the following decisions of the LTA:

(a)

a decision under section 9(1) revoking a section 7(3) approval;

(b)

a decision under section 43(1)(b) refusing the grant or renewal of a licence;

(c)

a decision under section 45 imposing a condition in a licence;

(d)

a modification under section 46 of a condition in a licence;

(e)

a refusal to modify the types of EV chargers that the licensee is authorised under its licence to use in undertaking a regulated activity under section 47;

(f)

a refusal under section 48 to consent to a surrender of a licence;

(g)

a direction under section 52(1) to a licensee;

(h)

a decision under section 53(1) to revoke a licence;

(i)

a decision under section 53 or 54(2) to take regulatory action against a licensee or a former licensee;“appellant” means the following in relation to an appealable decision:

(a)

a person to whom a section 7(3) approval is granted, where the appealable decision is within paragraph (a) of the definition of “appealable decision”;

(b)

an applicant for the grant or renewal of a licence, where the appealable decision is within paragraph (b) of the definition of “appealable decision”;

(c)

a licensee or former licensee, where the appealable decision is within paragraph (h) or (i) of the definition of “appealable decision”;

(d)

a licensee where the appealable decision is any other paragraph of the definition of “appealable decision”.

Definition

“appealable decision” means any of the following decisions of the LTA:

(a)

a decision under section 9(1) revoking a section 7(3) approval;

(b)

a decision under section 43(1)(b) refusing the grant or renewal of a licence;

(c)

a decision under section 45 imposing a condition in a licence;

(d)

a modification under section 46 of a condition in a licence;

(e)

a refusal to modify the types of EV chargers that the licensee is authorised under its licence to use in undertaking a regulated activity under section 47;

(f)

a refusal under section 48 to consent to a surrender of a licence;

(g)

a direction under section 52(1) to a licensee;

(h)

a decision under section 53(1) to revoke a licence;

(i)

a decision under section 53 or 54(2) to take regulatory action against a licensee or a former licensee;

Definition

“appellant” means the following in relation to an appealable decision:

(a)

a person to whom a section 7(3) approval is granted, where the appealable decision is within paragraph (a) of the definition of “appealable decision”;

(b)

an applicant for the grant or renewal of a licence, where the appealable decision is within paragraph (b) of the definition of “appealable decision”;

(c)

a licensee or former licensee, where the appealable decision is within paragraph (h) or (i) of the definition of “appealable decision”;

(d)

a licensee where the appealable decision is any other paragraph of the definition of “appealable decision”.

Clause 68

Appeal to Minister

(1)

An appellant who is aggrieved by an appealable decision may appeal to the Minister against the decision in accordance with this section.

(2)

An appeal under this section must be in writing and specify the grounds on which it is made, and be made within 28 days after the date the decision appealed against is given to the appellant, or such longer period as the Minister may allow in any particular case for special reasons.

(3)

The Minister may reject an appeal of an appellant who fails to comply with subsection (2).

(4)

An appeal against an appealable decision does not affect the operation of the decision appealed against or prevent the taking of action to implement the decision, and unless otherwise directed by the Minister under this subsection, the decision appealed against must be complied with until the determination of the appeal.

Clause 69

Decision on appeal

(1)

After considering an appeal under section 68, the Minister may —

(a)

reject the appeal and confirm the appealable decision; or

(b)

allow the appeal and reverse the appealable decision.

(2)

In relation to the Minister determining an appeal made under section 68, sections 7 and 9 and Part 6 apply as if the reference in those sections and that Part to the LTA were a reference to the Minister.

(3)

Every appellant must be notified of the Minister’s decision under subsection (1).

(4)

Clause 73

Purpose for which powers are exercisable

(1)

An authorised officer may exercise the powers set out in this Part for all or any of the following purposes:

(a)

to detect and investigate offences under this Act, whether committed by a licensee or any other person;

(b)

to determine whether there are grounds for taking any regulatory action under Division 4 of Part 6;

(c)

to determine whether information given to the LTA or an authorised officer under any provision of this Act is correct.

(2)

To avoid doubt, nothing in this Part limits section 39 of the Land Transport Authority of Singapore Act 1995 with respect to an offence under this Act.

(3)

Nothing in this Part affects a police officer’s powers or duties under any provision of the Criminal Procedure Code 2010 or any other written law.

Clause 74

Powers of entry, etc., at premises

(1)

An authorised officer may without warrant, enter, at all reasonable times, and remain at —

(a)

any premises where a licensee or former licensee has an office or keeps records that relate to any regulated activity undertaken by the licensee or former licensee;

(b)

any premises where the officer believes on reasonable grounds are used for the carrying on of a business or a trade (but not a residence) of —

(i)

supplying or altering any EV charger;

(ii)

providing an EV charging service; or

(iii)

operating a charging station; and

(c)

any premises where the officer believes on reasonable grounds that —

(i)

an offence under section 18, 23, 24, 29 or 30 is being or has been committed; or

(ii)

an activity mentioned in section 39(1) is being or has been carried on in contravention of a safety and security directive given under section 37,provided that where the premises is a residence, entry is made only if the occupier of the premises has consented to the entry or after giving 6 hours’ prior notice of that entry.

(2)

Upon entering any premises under subsection (1), an authorised officer may do all or any of the following:

(a)

examine any thing or observe any activity conducted in or on the premises;

(b)

inspect the premises and any document or article or other thing in or on the premises;

(c)

make a still or moving image or recording of the premises and any document or article or other thing in or on the premises;

(d)

inspect any document or article found in or on the premises and take extracts from, or make copies of, any such document or article;

(e)

seize any document or article found in or on the premises if, in the opinion of the authorised officer —

(i)

the inspection or copying of or extraction from the document or article cannot reasonably be performed without taking possession;

(ii)

the document or article may be interfered with or destroyed unless possession is taken; or

(iii)

the document or article may be required as evidence in any criminal proceedings or regulatory action instituted or commenced under this Act;

(f)

operate electronic equipment in or on the premises;

(g)

seize and take it to a holding yard, any EV charger found on the premises that is or the officer reasonably believes to be —

(i)

neither of a homologated model nor a specially authorised EV charger; or

(ii)

the subject matter or used in the commission of an offence under this Act,or require the owner or person in charge of the EV charger to take the EV charger to and surrender it at a specified holding yard;

(h)

take into or onto the premises any equipment and materials as the authorised officer requires for the purpose of exercising powers in this section in relation to those premises.

(3)

For the purposes of subsection (2), if any information in a document or article required by an authorised officer is kept in electronic form —

(a)

the power of an authorised officer to inspect the document or article includes the power —

(i)

to access any computer or other equipment (including a mobile telephone) in which the information is stored; and

(ii)

to require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to provide assistance in gaining such access; and

(b)

the power of an authorised officer to seize such document includes the power —

(i)

to make copies of the document in legible or electronic form; and

(ii)

to transfer the information from the document to a disk, tape or other storage device.

(4)

If an authorised officer under subsection (3)(b) is unable to make copies of the document or transfer the information from the document, the authorised officer (whether or not the same inspecting officer) may —

(a)

seize the computer or other equipment (including a mobile telephone) in which the document or information is stored, as evidence in proceedings for an offence under any provision of this Act; and

(b)

require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to disclose any password or access code for gaining access to the document or information held in the computer or equipment.

(5)

The power under subsection (2)(f) to operate electronic equipment in or on any premises includes the power —

(a)

to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment;

(b)

to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; and

(c)

to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that —

(i)

is brought to the premises for the exercise of the power; or

(ii)

is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises,and to remove the disk, tape or other storage device from those premises.

(6)

An authorised officer may break open doors, windows or partitions and do such other acts as may be necessary to enter and remain at any premises, except that an authorised officer may exercise a power under this subsection only —

(a)

after declaring his or her office and after producing his or her identification card on demand being made; and

(b)

in circumstances where the authorised officer —

(i)

suspects on reasonable grounds that an offence under section 18, 23, 24, 29 or 30 or Part 5 has been or is being committed in relation to those premises; and

(ii)

is unable to enter, or is refused entry to, the premises.

(7)

An authorised officer entering any premises for a purpose in subsection (1) may be accompanied by a number of outsourced enforcement officers as is reasonably necessary for that purpose.

Clause 75

Powers in relation to motor vehicles

(1)

An authorised officer may without warrant, do all or any of the following in relation to any motor vehicle which an authorised officer has reasonable grounds to believe that is charging or was recently charged with an EV charger:

(a)

to stop and detain the motor vehicle for as long as is reasonably necessary for the exercise of any other power under this section;

(b)

inspect the motor vehicle and any equipment in or on the motor vehicle;

(c)

make a still or moving image or recording of the motor vehicle and any document or article or other thing in or on the motor vehicle;

(d)

inspect any document or article found on the motor vehicle and take extracts from, or make copies of, any such document or article;

(e)

seize any document or article found on the motor vehicle if, in the opinion of the authorised officer —

(i)

the inspection or copying of or extraction from the document or article cannot reasonably be performed without taking possession;

(ii)

the document or article may be interfered with or destroyed unless possession is taken; or

(iii)

the document or article may be required as evidence in any criminal proceedings or regulatory action instituted or commenced under this Act;

(f)

operate any electronic equipment in or on the motor vehicle;

(g)

seize and take it to a holding yard, any EV charger found in or on the motor vehicle that is or the officer reasonably believes to be —

(i)

neither of a homologated model nor a specially authorised EV charger; or

(ii)

the subject matter or used in the commission of an offence under this Act,or require the owner or person in charge of the EV charger to take the EV charger to and surrender it at a specified holding yard;

(h)

take into or onto the premises any equipment and materials that the authorised officer requires for the purpose of exercising powers in this section in relation to the motor vehicle.

(2)

Section 74(3), (4) and (5) applies to the power of an authorised officer under this section with the necessary modifications.

(3)

to require that person to provide an explanation of the information or document or material;

(c)

if the information or document or material is not produced, to require the person to state, to the best of the knowledge and belief of that person, where it is; and

(d)

if the information or material is recorded otherwise than in legible form, to require the information or material to be made available to an authorised officer concerned in legible form.

(4)

An authorised officer is entitled without payment to keep for the purposes of section 73(1) any information or document or material, or any copy or extract thereof, provided to him or her under subsection (2).

Clause 77

Power of examination

(1)

An authorised officer may, for the purposes of section 73(1), do all or any of the following:

(a)

require any individual whom the authorised officer reasonably believes to have committed an offence under this Act to provide evidence of that individual’s identity;

(b)

require, by written notice, any person, whom the authorised officer reasonably believes has —

(i)

any information or material; or

(ii)

any document in the person’s custody or control,that is relevant to the investigation, to provide that information or material or the document, within such time and in such manner as may be specified in the written notice;

(c)

require, by written notice, any person within the limits of Singapore, who appears to be acquainted with the facts or circumstances of the matter, to attend before the authorised officer;

(d)

examine orally any individual who appears to be acquainted with the facts or circumstances of the matter —

(i)

whether before or after that individual or anyone else is charged with an offence in connection with the matter; or

(ii)

whether or not that person is to be called as a witness in any inquiry, trial or other proceeding in connection with the matter.

(2)

A statement made by an individual examined under subsection (1)(d) must —

(a)

be reduced to writing;

(b)

be read over to the individual;

(c)

if the individual does not understand English, be interpreted in a language that the individual understands; and

(d)

after correction (if necessary), be signed by the individual.

(3)

An outsourced enforcement officer may, for the purpose of section 73(1), require any individual whom the officer reasonably believes to have committed an offence under this Act to provide evidence of that individual’s identity.

Clause 78

Power to remove, etc., EV chargers

(1)

In addition to any powers in this Division, where an authorised officer has reason to believe that an EV charger is —

(a)

neither of a homologated model nor a specially authorised EV charger; or

(b)

the subject of or used in the commission of an offence under this Act,the authorised officer may by written order require any of the following to be done:

(c)

the supply of the EV charger must stop until the order is withdrawn;

(d)

the provision of EV charging services or undertaking of any other regulated activity using that EV charger must stop until the order is withdrawn;

(e)

the EV charger must be removed from any electrical installation it is affixed to;

(f)

the EV charger must be altered so as to put an end to the contravention giving rise to the commission of the offence.

(2)

An order made under subsection (1) must specify all or any of the following:

(a)

the manner in which the removal or alteration work specified in the order is to be carried out;

(b)

the time within which the removal or alteration work specified must start;

(c)

the time within which the removal or alteration work specified must be completed;

(d)

that the removal or alteration work specified must be carried out with due diligence to the satisfaction of the LTA, and at the cost of the person on whom the order is given under subsection (3).

(3)

An order made under subsection (1) must be given —

(a)

to the owner of the EV charger; and

(b)

where the EV charger is being supplied or used to provide EV charging services or to undertake any other regulated activity — to the person supplying the EV charger or providing the EV charging services or undertaking the regulated activity, as the case may be.

(4)

If an order made under subsection (1) is not complied with, the LTA may —

(a)

remove to a holding yard or alter, or cause to be so removed or altered, any EV charger in subsection (1) or take any other steps that appear to the LTA to be necessary to secure compliance with the order; and

(b)

recover all expenses reasonably incurred by the LTA in the exercise of powers under this subsection from the person in default.

(5)

Without affecting the right of the LTA to exercise powers under subsection (4), if any person to whom an order is made under subsection (1), without reasonable excuse, refuses or neglects to comply with the order, that person shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; and

(b)

in respect of a continuing failure to comply, to an additional fine not exceeding $500 for every day or part of a day the failure to comply continues up to a total maximum of $10,000.

(6)

In any proceedings for an offence under subsection (5), it is a defence for the person charged to prove, on a balance of probabilities, that the person has no legal right to remove or alter the EV charger in question.

(7)

For the purpose of exercising a power under subsection (4), an authorised officer may, with such assistance as he or she considers necessary, use reasonable force, including cutting or breaking open any lock, seal, fastener or other device on or connected to the EV charger in question.

Clause 79

Obstructing authorised officer, etc.

(1)

If an authorised officer or outsourced enforcement officer is authorised under this Act to enter any premises, a person who —

(a)

wilfully prevents the authorised officer or outsourced enforcement officer from entering or re‑entering those premises or any part of those premises; or

(b)

wilfully obstructs or delays the authorised officer or outsourced enforcement officer from entering or re‑entering those premises or any part of those premises,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(2)

A person who intentionally refuses to give access to, or intentionally obstructs, hinders or delays an authorised officer or outsourced enforcement officer in the discharge of his or her duties under any provision of this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

Clause 80

Other offences

(1)

A person who, without reasonable excuse, fails to do anything required of the person —

(a)

by an authorised officer under section 74(2) or 75(1);

(b)

by a notice under section 76(2) or 77(1); or

(c)

by an outsourced enforcement officer under section 77(3),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(2)

A person —

(a)

who intentionally alters, suppresses or destroys any information or any document or material which the person has been required by an authorised officer under section 76(2) or 77 to provide; or

(b)

who, in providing any information or any document or material required by an authorised officer under section 76(2) or 77 makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(3)

In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that —

(a)

the person does not possess the information or document required; and

(b)

the person has taken all reasonable steps available to the person to obtain the information or document required and has been unable to obtain it.

(4)

To avoid doubt, for the purposes of subsection (1), it is a reasonable excuse for a person to refuse or fail to provide any information, produce any document or answer any question if doing so might tend to incriminate that person.

(5)

A person commits an offence if the person, being an applicant for the grant of an approval under Part 2 or a licence under Part 6 —

(a)

provides, or causes or permits to be provided, any information or document in connection with the application, which is false or misleading in a material particular; and

(b)

knows or ought reasonably to know that, or is reckless as to whether, the information or document is false or misleading in a material particular.

(6)

A person who is guilty of an offence under subsection (5) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

Clause 81

Composition of offences

(1)

The LTA or an authorised officer may compound any offence under this Act that is prescribed as a compoundable offence —

(a)

by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:

(i)

one half of the amount of the maximum fine that is prescribed for the offence;

(ii)

$5,000; and

(b)

by requiring the person reasonably suspected of having committed the offence to do, or to refrain from doing, such things as are specified in an offer of composition (called conditions of composition) by the Chief Executive of the LTA, or any employee of the LTA with the concurrence (general or specific) of the Public Prosecutor.

(2)

On payment of the sum of money and on full compliance with the conditions of composition, no further proceedings are to be taken against that person in respect of the offence.

(3)

All sums collected under this section must be paid into the Consolidated Fund.

Clause 82

Holding yards and follow-up after removal thereto

(1)

After an EV charger is moved or removed to a holding yard under section 74(2), 75(1) or 78(4) by an authorised officer, the authorised officer must as soon as practicable give notice of the move or removal to —

(a)

the owner of the EV charger; and

(b)

where the EV charger was being supplied or used to provide EV charging services or to undertake any other regulated activity — on the person supplying the EV charger or providing the EV charging services or undertaking that other regulated activity, as the case may be.

(2)

An EV charger that is surrendered at a holding yard under section 74(2) or 75(1) or seized and taken or removed to a holding yard under section 74(2), 75(1) or 78(4), must be detained there until it is released by order of the LTA or disposed of in accordance with section 84.

(3)

A person who wilfully removes or causes to be removed an EV charger detained at a holding yard under subsection (2) from the holding yard without the order of the LTA shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both.

Clause 83

Forfeiture of seized EV chargers

(1)

Subject to this section, all EV chargers liable to seizure under the provisions of this Act are liable to forfeiture by a court.

(2)

An order for the forfeiture of an EV charger seized under this Act may instead be made by the LTA if it is satisfied that —

(a)

the EV charger is neither of a homologated model nor is a specially authorised EV charger; or

(b)

the EV charger was the subject matter, or was used in the commission, of an offence under section 18, 23, 24, 29, 30 or 39 or Part 5 and a person is convicted of, or has accepted a composition sum offered with respect to, the offence committed or allegedly committed.

Clause 84

Disposal of forfeited EV chargers

Where any EV charger is forfeited by the LTA under section 83, an authorised officer may, after giving one month’s notice in the Gazette of his or her intention to do so, destroy or otherwise dispose of the EV charger.

Clause 85

Offences by corporations

(1)

Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —

(a)

an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and

(b)

the officer, employee or agent had that state of mind,is evidence that the corporation had that state of mind.

(2)

Where a corporation commits an offence under this Act, a person —

(a)

who is —

(i)

an officer of the corporation; or

(ii)

an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and

(b)

who —

(i)

consented or connived, or conspired with others, to effect the commission of the offence;

(ii)

is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or

(iii)

knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly.

(3)

A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear.

(4)

To avoid doubt, this section does not affect the application of —

(a)

Chapters 5 and 5A of the Penal Code 1871; or

(b)

the Evidence Act 1873 or any other law or practice regarding the admissibility of evidence.

(5)

“reasonable steps”, in relation to the commission of an offence, includes, but is not limited to, such action (if any) of the following kinds as is reasonable in all the circumstances:

(a)

action towards —

(i)

assessing the corporation’s compliance with the provision creating the offence; and

(ii)

ensuring that the corporation arranged regular professional assessments of its compliance with the provision;

(b)

action towards ensuring that the corporation’s employees, agents and contractors are provided with information, training, instruction and supervision appropriate to them to enable them to comply with the provision creating the offence so far as the provision is relevant to them;

(c)

action towards ensuring that —

(i)

the equipment and other resources; and

(ii)

the structures, work systems and other processes,relevant to compliance with the provision creating the offence are appropriate in all the circumstances;

(d)

action towards creating and maintaining a corporate culture that does not direct, encourage, tolerate or lead to non‑compliance with the provision creating the offence;

Definition

“state of mind” of a person includes —

(a)

the knowledge, intention, opinion, belief or purpose of the person; and

(b)

the person’s reasons for the intention, opinion, belief or purpose.

(7)

The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any corporation formed or recognised under the law of a territory outside Singapore.

Clause 86

Offences by unincorporated associations or partnerships

(1)

Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —

(a)

an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and

(b)

the employee or agent had that state of mind,is evidence that the unincorporated association or partnership had that state of mind.

(2)

Where an unincorporated association or a partnership commits an offence under this Act, a person —

(a)

who is —

(i)

an officer of the unincorporated association or a member of its governing body;

(ii)

a partner in the partnership; or

(iii)

an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and

(b)

who —

(i)

consented or connived, or conspired with others, to effect the commission of the offence;

(ii)

is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or

(iii)

knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly.

(3)

A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear.

(4)

To avoid doubt, this section does not affect the application of —

(a)

Chapters 5 and 5A of the Penal Code 1871; or

(b)

“state of mind” of a person includes —

(a)

the knowledge, intention, opinion, belief or purpose of the person; and

(b)

the person’s reasons for the intention, opinion, belief or purpose.

(7)

The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any unincorporated association or partnership formed or recognised under the law of a territory outside Singapore.

Clause 87

Jurisdiction of courts

Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try, and has power to impose the full punishment for, any offence under this Act.

Clause 88

Administration of Act by LTA

(1)

It is the function of the LTA to administer this Act.

(2)

Despite anything in the Interpretation Act 1965, the Land Transport Authority of Singapore Act 1995 or any other law, the powers conferred or duties imposed upon the LTA by any provision of this Act are non‑delegable to the following:

(a)

a wholly‑owned subsidiary company of the LTA;

(b)

a person engaged as a contractor by the LTA.

(3)

No liability shall lie against an authorised officer, an outsourced enforcement officer, or a member, officer or employee of the LTA or any other person acting under the direction of the LTA for anything done or intended to be done in good faith and with reasonable care in the execution or purported execution of this Act.

Clause 89

Authorised officers

(1)

The LTA may, in relation to any provision of this Act, appoint —

(a)

any of its employees;

(b)

any individual performing duties in the LTA under a secondment arrangement making available temporarily to the LTA the services of the individual;

(c)

any public officer; or

(d)

any employee of another public authority,to be an authorised officer for the purposes of that provision, either generally or in a particular case.

(2)

The LTA may delegate the exercise of all or any of the powers conferred or duties imposed upon the LTA by any provision of this Act, to any authorised officer, subject to any conditions or limitations that the LTA may specify; and any reference in that provision of this Act or its subsidiary legislation to the LTA includes a reference to such an authorised officer.

(3)

the supply of EV chargers in Singapore; or

(b)

the provision of EV charging services, or the undertaking of any other regulated activity, in Singapore.

(2)

This Act does not apply to an advertisement relating to an EV charger unless the advertisement is published in Singapore.

(3)

This Act binds the Government, but nothing in this Act renders the Government liable to prosecution for an offence under this Act.

(4)

To avoid doubt, no person is immune from prosecution for any offence under this Act by reason only that the person is engaged to provide services to the Government or is acting in any other similar capacity for, or on behalf of, the Government.

Clause 92

General power to exempt

The Minister may, by order in the Gazette, exempt any person or class of persons from all or any of the provisions of this Act, either generally or in a particular case and subject to such conditions as the Minister may impose.

Clause 93

Service of documents

(1)

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 permitted or required by this Act to be served on an individual may be served —

(a)

by giving it to the individual personally;

(b)

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;

(c)

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;

(d)

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

(e)

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

(f)

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 —

(a)

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

(b)

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

(c)

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

(d)

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 —

(a)

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

(b)

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;

(c)

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

(d)

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 —

(a)

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

(b)

by any other method authorised by the Regulations for the service of documents of that kind if the addressee consents (expressly or impliedly) to service of a document of that kind in that way.

(6)

Service of a document takes effect —

(a)

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

(b)

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

(c)

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 consent (express or implied) to service in that way.

(8)

This section does not apply to documents to be served in proceedings in court.

(9)

In this section —

Definition

“business address” means —

(a)

In particular, the LTA may, with the approval of the Minister, make Regulations in respect of any of the following:

(a)

the form and manner in which, and the time within which, an application for the grant of any approval or licence may be made under this Act;

(b)

the carrying out of inquiries of applicants for any approval or licence under this Act;

(c)

the duties of licensees and registered responsible persons for EV chargers;

(d)

the individuals, by name, qualifications, occupation or employment, who are prescribed persons for certifying EV chargers as fit for charging any electric vehicle in Singapore;

(e)

the duties of an individual who is a prescribed competent person for certifying under section 23 an EV charger as fit for charging any electric vehicle in Singapore, or a prescribed person for installing fixed EV chargers under section 24;

(f)

the labelling or marking of EV chargers, including those used by a licensee to undertake a regulated activity;

(g)

classes of licences;

(h)

the carrying out of any installation or certification of an EV charger;

(i)

regulating the individuals who undertake work (including supervision) in connection with any installation or certification of an EV charger;

(j)

the fees to be paid in respect of applications for the grant of any approval or licence and otherwise in connection with the administration of this Act, and for the waiver, reduction or refund of fees charged;

(k)

the records that must be kept by licensees and by registered responsible persons for EV chargers and the provision of returns and other information in connection with a regulated activity, which may include audio and visual records.

(3)

Regulations made under this section may apply —

(a)

in respect of the conduct of all forms of regulated activities or particular categories of regulated activities;

(b)

in respect of all licensees or particular types of licensees; or

(c)

in respect of all EV chargers or particular types of EV chargers.

(4)

Regulations made under this section may —

(a)

create offences for a contravention of any provision of the Regulations, the penalty for which on conviction may be a fine not exceeding $5,000 or imprisonment for a term not exceeding 6 months or both; and

(b)

provide for such saving, transitional and other consequential, incidental and supplemental provisions as are necessary or expedient for the purposes of this Act.

Clause 95

Incorporation by reference, etc.

(1)

Any subsidiary legislation made under this Act may make provision for or in relation to a matter by applying, adopting or incorporating by reference, with or without modification, any matter contained in any code, standard, rule, requirement, specification or other document, as in force at a particular time or from time to time, which relates to any matter with which the Regulation deals, even if the code, standard, rule, requirement, specification or other document does not yet exist when the Regulation is made.

(2)

Material referred to in subsection (1) may be applied, adopted or incorporated by reference in any subsidiary legislation made under this Act —

(a)

in whole or in part; or

(b)

with modifications, additions or variations specified in the subsidiary legislation made under this Act.

(3)

A copy of any material applied, adopted or incorporated by reference in any subsidiary legislation made under this Act, including any amendment to, or replacement of, the material, must be —

(a)

certified as a correct copy of the material by the LTA; and

(b)

retained by the LTA.

(4)

Any material applied, adopted or incorporated in any subsidiary legislation made under this Act by reference under subsection (1) is to be treated for all purposes as forming part of the subsidiary legislation made under this Act; and, unless otherwise provided in the subsidiary legislation, every amendment to any material incorporated by reference under subsection (1) that is made by the person or organisation originating the material is, subject to subsections (5) and (6), to be treated as being a part of that subsidiary legislation made under this Act.

(5)

Where any material referred to in subsection (1) is applied, adopted or incorporated by reference in any subsidiary legislation made under this Act, the LTA must give notice in the Gazette stating —

(a)

that the material is incorporated in the subsidiary legislation and the date on which the relevant provision in the Regulation was made;

(b)

that the material is available for inspection during working hours, without charge;

(c)

the place where the material can be inspected;

(d)

that copies of the material can be purchased;

(e)

the place where copies of the material can be purchased; and

(f)

if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.

(6)

The LTA must cause a copy of every code, standard, requirement, rule or specification incorporated by reference under subsection (1) to be made available for inspection by members of the public without charge at the office of the LTA during normal office hours.

(7)

In this section, “modification” includes omissions, additions and substitutions.

Clause 96

Presentation to Parliament

All orders, rules and regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette.

Clause 97

Amendment of Building Maintenance and Strata Management Act 2004

The Building Maintenance and Strata Management Act 2004 is amended —

(a)

by inserting, immediately before the definition of “immediate family member” in section 2(1), the following definition:“ “fixed EV charger” has the meaning given by section 2 of the Electric Vehicles Charging Act 2022;”;

(b)

by deleting the words “subsection (3)” in section 29(1) and substituting the words “subsections (1A), (1B) and (3)”;

(c)

by inserting, immediately after subsection (1) of section 29, the following subsections:“(1A) To avoid doubt, it is the duty of a management corporation to properly maintain and keep in a state of good and serviceable repair (including, where reasonably necessary, renew or replace) any fixed EV charger that is owned by the management corporation and installed in the common property.(1B) Subsection (1)(d) does not apply to or in relation to any matter falling within section 34A(1).(1C) The installation of any fixed EV charger in the common property does not in itself make the fixed EV charger part of the common property.”;

(d)

by inserting, immediately after subsection (3) of section 32, the following subsection:“(3A) Despite subsection (3)(d), any by‑law for the purpose of controlling and managing the use or enjoyment of any parking lot within the common property that has fixed EV chargers installed may be made, amended, added to or repealed by a management corporation pursuant to an ordinary resolution.”;

(e)

by inserting, immediately after subsection (2) of section 34, the following subsection:“(2A) Subsections (1) and (2) do not apply to or in relation to any matter falling within section 34A(1).”; and

(f)

by inserting, immediately after section 34, the following section:“Ordinary resolution for installation, etc., of fixed EV chargers in common property34A.—

(1)

A management corporation may, subject to subsection (2) and the approval from the relevant authority, and pursuant to an ordinary resolution, execute on behalf of its subsidiary proprietors —

(a)

a lease of or rent, or licence of, any part of the common property to any person for the installation of a fixed EV charger, for a period that does not exceed 10 years and cannot be extended by exercise of any option of renewal to exceed an aggregate of 10 years; or

(b)

an agreement for the uninstallation of a fixed EV charger that is installed in any part of the common property under a lease, rent or licence mentioned in paragraph (a).(2) For the purpose of subsection (1), the management fund or sinking fund must not be used for the installation or uninstallation of any fixed EV charger in the common property.”.

Clause 98

Amendment of Electricity Act 2001

Section 2(1) of the Electricity Act 2001 is amended —

(a)

by deleting the word “or” at the end of paragraph (b) of the definition of “electrical installation”; and

(b)

by inserting the word “or” at the end of paragraph (c) of the definition of “electrical installation”, and by inserting immediately thereafter the following paragraph:“(d)an electric vehicle charger within the meaning of the Electric Vehicles Charging Act 2022;”.

Clause 99

Amendment of Land Transport Authority of Singapore Act 1995

The Land Transport Authority of Singapore Act 1995 is amended —

(a)

by inserting, immediately after paragraph (fa) of section 6(1), the following paragraph:“(fb)to regulate the supply of electric vehicle chargers, the provision of electric vehicle charging services and the operation of charging stations under the Electric Vehicles Charging Act 2022;”;

(b)

by deleting the word “and” at the end of section 6(1)(r)(vii);

(c)

by inserting the word “and” at the end of sub‑paragraph (viii) of section 6(1)(r), and by inserting immediately thereafter the following sub‑paragraph:“(ix)all composition sums and financial penalties under the Electric Vehicles Charging Act 2022;”;

(d)

by deleting the full‑stop at the end of sub‑paragraph (c) of paragraph 16 of the Second Schedule and substituting a semi‑colon, and by inserting immediately thereafter the following sub‑paragraph:“(d)a licence under the Electric Vehicles Charging Act 2022.”;

(e)

by inserting, immediately after paragraph 21 of the Second Schedule, the following paragraph:“22. All fees and charges prescribed under the Electric Vehicles Charging Act 2022.”; and

(f)

by inserting, immediately after item 7 of Part 2 of the Fifth Schedule, the following item:“8. All provisions of the Electric Vehicles Charging Act 2022 and any subsidiary legislation made under that Act for the purposes of that Act.”.

Clause 100

Saving and transitional provisions

(1)

The Schedule has effect.

(2)

For a period of 2 years after the date of commencement of this section, the Minister may, by order in the Gazette, amend the Schedule by prescribing such additional provisions of a saving or transitional nature consequent on the enactment of this section as the Minister may consider necessary or expedient.

(3)

Nothing in this section or the Schedule affects section 16 of the Interpretation Act 1965.

Electric Vehicles Charging Bill

About this bill

PRELIMINARY

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SUPPLY OF EV CHARGERS

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