Singapore legislation

Regulation 2

of Online Criminal Harms (Reviewing Tribunals) Rules 2024

Regulation 2

Definitions

Subregulation 1

In these Rules —

Definition

“appeal” means an appeal to a Reviewing Tribunal made under —

(a)

section 18(1) of the Act against a Part 2 direction; or

(b)

section 37(1) of the Act against a Part 6 order;

Definition

“appeal proceedings” means proceedings before a Reviewing Tribunal regarding an appeal contained in a notice of appeal;

Definition

“appealable decision” means —

(a)

the designated officer’s decision under section 17(1) of the Act to affirm or substitute a Part 2 direction; or

(b)

the competent authority’s decision under section 36(1) of the Act to affirm or substitute a Part 6 order;

Definition

“appellant” means a person who brings an appeal under section 18(1) or 37(1) of the Act;

Definition

“authorised representative”, for any person, means an individual who is allowed under rule 11 to represent the person in an appeal proceedings, whether or not the individual is an advocate and solicitor;

Definition

“contact address”, for any person, means any of the following nominated by the person for the receiving of documents under these Rules:

(a)

the person’s residential address, if an individual;

(b)

the address of the person’s place of business;

(c)

an email address;

(d)

the person’s chosen means of notification and chosen means of access to access those documents;

Definition

“defence” means a defence to a notice of appeal under rule 18;

Definition

“identity particulars” means —

(a)

for an individual —

(i)

the full name, and the number of the passport or other identity document, of the individual; and

(ii)

the nationality of the individual; or

(b)

for an entity —

(i)

the full name of the entity;

(ii)

the place the entity was incorporated or otherwise formed; and

(iii)

the Unique Entity Number (UEN) of the entity, if any;

Definition

“notice of appeal” has the meaning given by rule 13;

Definition

“parties”, in relation to any appeal proceedings about an appeal, means —

(a)

the appellant in the appeal; and

(b)

the reconsideration authority in relation to the appeal,and “party” means either of them;

Definition

“reconsideration authority” means —

(a)

in relation to an appeal under section 18(1) of the Act against a Part 2 direction — the designated officer who gave notice of the decision under section 17(1) of the Act concerning the Part 2 direction; or

(b)

in relation to an appeal under section 37(1) of the Act against a Part 6 order — the competent authority;

Definition

“Secretary” means the Secretary to the Reviewing Tribunals appointed under section 40(2) of the Act;

Definition

“working day” means any day except a Saturday, Sunday or public holiday.

Subregulation 2

Where (under powers delegated by the competent authority under section 5 of the Act) an authorised officer makes an appealable decision in relation to a Part 6 order, references in these Rules to the competent authority in relation to an appeal against the appealable decision are taken to be references to that authorised officer.

Subregulation 3

Unless the context otherwise requires, a reference to a Reviewing Tribunal in relation to any part of any appeal proceedings is a reference to the Reviewing Tribunal who has cognizance of the appeal which is the subject of the appeal proceedings.

Subregulation 4

An appeal is decided by a Reviewing Tribunal without an in‑person hearing if it is decided on written material and submissions without parties to the appeal proceedings attending in person before the Reviewing Tribunal.