Singapore legislation
Clause 8
Clause 8
Computer service
(1)
The Board may establish or operate a computer service and make provision for any bid, certificate, declaration, direction, list, manifest, notice, permit, receipt, return or other document required or authorised by this Act or any regulations made thereunder to be made, served or submitted by electronic transmission (referred to in this Act as an electronic notice).
(2)
A registered user may, in accordance with the regulations made under subsection (11), make and serve an electronic notice to the computer account of the Board.
(3)
The Board or any person authorised by it may, in accordance with the regulations made under subsection (11), make and serve an electronic notice to the computer account of a registered user.
(4)
Where an electronic notice is transmitted to the computer account of the Board using the authentication code assigned to a registered user —
with or without the authority of the registered user; and
before the notification to the Board by the registered user in the prescribed manner, of cancellation of the authentication code,that notice shall, for the purposes of this Act or any regulations made thereunder, be presumed to be made by the registered user unless he adduces evidence to the contrary; and where he alleges that he has transmitted no such notice, the burden is also on him to adduce evidence of that fact.
(5)
For the purposes of this Act, an electronic notice or a copy thereof shall not be inadmissible in evidence merely on the basis that it was transmitted without the making or delivery of any equivalent document or counterpart in paper form.
(6)
Notwithstanding any other written law, in any proceedings under this Act or any regulations made thereunder, an electronic notice or a copy thereof (including a print-out of that notice or copy) or any database report (including a print-out of that report) relating to that notice —
certified by an officer of the Board to contain all or any information transmitted in accordance with this section; and
duly authenticated in the manner specified in subsection (7) or is otherwise duly authenticated by showing that there is no material discrepancy between the electronic notice or copy thereof certified by an officer of the Board and the copy of the same electronic notice kept by an independent record keeper appointed under any regulations made under subsection (11),shall be admissible as evidence of the facts stated or contained therein.
(7)
For the purposes of this section, a certificate —
giving the authentication code and other particulars of any user and device (if known) involved in the production and transmission of, and identifying the nature of, the electronic notice or a copy thereof; and
purporting to be signed by an officer of the Board or by a person occupying a responsible position in relation to the operation of the computer service at the relevant time,shall be sufficient evidence that the electronic notice or the copy thereof has been duly authenticated, unless the court, in its discretion, calls for further evidence on this issue.
(8)
Where an electronic notice or a copy thereof is admissible under subsection (6), it shall be presumed, until the contrary is proved, that the contents of the electronic notice or the copy thereof have been accurately transmitted.
(9)
The Board may, for the purpose of facilitating any electronic transmission under this section, approve the use in any such electronic transmission of symbols, codes, abbreviations or other notations to represent any particulars or information required under this Act or any regulations made thereunder.
(10)
Notwithstanding section 31, any authorised officer or any person being employed or engaged in the administration of this Act or any regulations made thereunder shall not be treated as having contravened section 31 merely because he communicates to the independent record keeper or his employee or permits the independent record keeper or his employee to have access to any electronic notice or any information contained therein; and section 31 shall apply to the independent record keeper and his employee as if they were persons employed in the administration of this Act.
(11)
The Minister may make regulations —
prescribing the conditions for subscription to the computer service, including the manner in which the authentication codes are to be assigned;
prescribing the bids, certificates, declarations, directions, lists, manifests, notices, permits, receipts, returns, statements or any other document which may be transmitted through the computer service including the form and manner in which they are to be transmitted;
for the correction of errors in or amendments to electronic notices;
prescribing the procedure for use of the computer service including the procedure in circumstances where there is a breakdown or interruption in the service;
for the appointment of an independent record keeper to be charged with the duty to maintain for a prescribed period a record of all the electronic notices and transactions made through it between the Board and the registered users, such a duty to include keeping the database reports;
for the independent record keeper to produce a copy of the relevant record pertaining to any electronic notice or a copy thereof to either the Board or the registered user, whose electronic notice is in issue, when requested by either party to do so;
for the standards of security, confidentiality, data integrity and conduct of the computer service and for the review of the operations and activities of the data service provider by such authority or expert as may be prescribed; and
generally for the better provision of the computer service.