Section 7
Requirement for registration
(1)
Subject to the provisions of this Act, a person in Singapore must not —
offer to provide or provide private education, whether in Singapore or elsewhere; or
award any degree, diploma or certificate (including any honorary degree or other distinctions) in respect of private education, whether offered or provided in Singapore or elsewhere,unless the person is a registered private education institution.
(2)
Any person who contravenes subsection (1) shall be guilty of an offence.
(3)
Any person who knowingly assists in the provision of private education by an unregistered private education institution shall be guilty of an offence.
(4)
The Agency may take any measures that it thinks necessary to secure the closure of any unregistered private education institution, including but not limited to —
the use of such force or assistance as may be necessary to remove therefrom any person who is in the premises in the possession or control of the unregistered private education institution; and
the sealing of all or any of the entrances to or exits from such premises.
(5)
The expenses reasonably incurred by the Agency in the exercise of its powers under subsection (4) and any other reasonable expenses that may be incidental to the exercise of its powers are recoverable by the Agency as a civil debt from the manager or managers (as the case may be) of the unregistered private education institution; and every manager of such an unregistered private education institution is to be jointly and severally liable to the Agency for those expenses.
(6)
Without affecting subsection (4) or (5) or any other power vested in the Agency under this Act, the Agency may, by written direction addressed to the managers of an unregistered private education institution, direct that the unregistered private education institution refund each student thereof, within the time that may be specified in the direction, the whole of the course money the unregistered private education institution received in respect of the student.
(7)
Subsection (6) applies despite anything contained in the agreement or contract between the unregistered private education institution and the students concerned.
(8)
Where any written direction issued by the Agency under subsection (6) is not complied with, the unregistered private education institution and every manager thereof to whom the direction is addressed shall each be guilty of an offence.
(9)
Subject to subsection (7), it is a defence for any person charged with an offence under subsection (8) to prove that the person had a reasonable excuse for failing to comply with the written direction of the Agency under subsection (6).
(10)
Subject to the provisions of this Act, no person is entitled to recover in any court any charge, course money or remuneration for any private education provided in Singapore unless the person providing the private education is registered under this Act to provide the private education and the person did so in accordance with the permission of the Agency under section 16 required for the course.[34