Shared Mobility Enterprises (Control and Licensing) Act 2020 · 2020 Revised Edition · Part 7 · Miscellaneous
44. Offences by unincorporated associations or partnerships
Feedback & supportWhere, 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 —
unincorporated association
“unincorporated association” means a society or body unincorporate which, under any written law, may sue or be sued, or hold property, in the name of an officer of the society or body duly appointed for that purpose;
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
the employee or agent had that state of mind,is evidence that the unincorporated association or partnership had that state of mind.
Where an unincorporated association or a partnership commits an offence under this Act, a person —
who is —
an officer of the unincorporated association or a member of its governing body;
a partner in the partnership; or
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
who —
consented or connived, or conspired with others, to effect the commission of the offence;
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
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.
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.
To avoid doubt, this section does not affect the application of —
Chapters 5 and 5A of the Penal Code 1871; or
the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.
To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence.
In this section —
“officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes —
officer
“officer”, in relation to an applicant or a class licensee or licensee, means —(a)where the applicant, class licensee 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 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, class licensee or licensee is a partnership (including a limited partnership), a partner of the partnership; or(c)where the applicant, class licensee 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 the 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;
any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and
any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner;
partner
“partner”, in relation to a limited partnership, includes a limited partner in the limited partnership;
“reasonable steps” has the meaning given by section 43;
“state of mind” of a person includes —
the knowledge, intention, opinion, belief or purpose of the person; and
the person’s reasons for the intention, opinion, belief or purpose.
The Minister may make rules to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any unincorporated association or partnership formed or recognised under the law of a territory outside Singapore.