Singapore legislation

Regulation 18

of Organised Crime Regulations 2016

Regulation 18

Application of CDSA provisions

Amended byS 1063/2020 wef 02/01/2021

Subregulation 1

Amended byS 1063/2020 wef 02/01/2021

In addition to the modifications in section 70(3) of the Act, the provisions of the CDSA mentioned in section 70(1) of the Act apply for the purposes mentioned in section 70(1) of the Act subject to the following modifications:

(a)

a reference in those provisions of the CDSA to a charge under section 17 of the CDSA is a reference to a charge imposed by a charging order;

(b)

a reference in those provisions of the CDSA to a receiver appointed pursuant to a charging order under the CDSA is a reference to a receiver appointed pursuant to a charging order;

(c)

a reference in those provisions of the CDSA to the Public Trustee appointed under section 16 or 19 of the CDSA, or pursuant to a charging order under the CDSA, is a reference to the Public Trustee appointed under the incorporated section 16 or 19 (as the case may be) of the CDSA, or pursuant to a charging order (as the case may be);

(d)

the reference in section 10(6)(a) of the CDSA to the value of the benefits mentioned in section 10(1) of the CDSA is a reference to the value of the benefits mentioned in section 62(1) of the Act;

(e)

section 12(3) of the CDSA applies for the purpose of determining, under the incorporated section 12(1) of the CDSA, what is the value at the time a confiscation order is made of a gift caught by this Part, and section 12(4) of the CDSA applies accordingly;

(f)

the reference in section 12(9)(b) of the CDSA to the values of the consideration mentioned in section 12(9)(a) of the CDSA is a reference to the values of the consideration mentioned in section 47(3) of the Act;

(g)

the reference in section 15(2A) of the CDSA to the powers conferred by section 16(1) of the CDSA is a reference to the powers conferred by section 57(1) and (2) of the Act;

(h)

the reference in section 16(3) of the CDSA to section 16 of the CDSA is a reference to the incorporated section 16 of the CDSA, and provisions of Part 9 of the Act as they relate to restraint orders;

(i)

a reference in sections 16(6) and 19(5) of the CDSA to a person having possession of any property is a reference to the person having actual or constructive possession of the property;

(j)

the reference in section 16(8) of the CDSA to an authorised officer is a reference to a law enforcement officer;

(k)

a reference in sections 20(1)(b) and (2)(a) and 22(2)(b) of the CDSA to realisation of property, or property which has been realised, under the CDSA or any of its provisions is a reference to realisation of property, or property which has been realised, under the incorporated section 16 or 19 of the CDSA;

(l)

a reference in sections 21(1), 23(2) and 24(2) of the CDSA to the powers conferred on the General Division of the High Court by sections 16 to 20 of the CDSA is a reference to the powers conferred on the Court by the incorporated sections 16 to 20 of the CDSA, and also by sections 57 to 60 of the Act (whichever is applicable).

Subregulation 2

In this regulation, a reference to an incorporated provision of the CDSA is a reference to that provision of the CDSA as applied and modified by section 70 of the Act.