Skills Future Singapore Agency Act 2016

has the meaning given by section 4(1) of the Companies Act 1967; and

includes a foreign company within the meaning of that Act;

who are 16 years of age or older; and

who are not undergoing a course of education at any of the following:

a Government school;

a school registered under the Education Act 1957 and which receives a grant‑in‑aid or subvention extended by the Government to aided schools within the meaning of that Act; (iii)an education institution providing education in accordance with religious beliefs and principles;

the person so eligible receives or undergoes adult education or further education for a charge; and (b)the provider of the adult education or further education incurs costs and expenses in providing the education to that eligible person,the provider of the adult education or further education is entitled, under the arrangement, to reimbursement from the Agency of the whole or part of its charges in respect of the education so provided, but in no case exceeding that person’s eligibility to financial incentive, support, grant, aid or assistance (as the case may be) for that education;

is a body corporate with perpetual succession; (b)must have a seal;

may acquire, hold and dispose of real and personal property; and

may sue and be sued in its corporate name.

to plan and develop policies, programs and services that provide, or support the provision of, adult education and further education;

to promote, facilitate and assist in the identification, development and upgrading of skills and competencies for the current, emerging and future needs of the Singapore workforce; (c)to develop, in consultation with employers and relevant representatives of commerce or industry, models for the provision of adult education or further education for the purposes of developing skills;

to promote a national approach to the provision of adult education and further education through collaboration and cooperation between universities, public sector post‑secondary education institutions and other providers of adult education or further education;

to provide funding for the provision of, or taking part in, adult education and further education (wherever held) that is responsive to the needs of commerce or industry or employers; (f)to promote public awareness in Singapore of the importance of adult education and further education and encourage enthusiasm for lifelong learning; (g)to collect, compile and analyse data about the provision of adult education or further education;

to accredit, or facilitate accreditation by others in Singapore of, providers of or courses in adult education or further education (even if the course is developed outside Singapore); (i)to facilitate the improvement of quality of courses in adult education or further education provided in Singapore, including the standard of teachers and trainers in Singapore of these courses; (j)to promote or undertake research in Singapore into matters relating to adult education and further education;

to facilitate public availability of meaningful and accurate information relating to the quality of courses in adult education or further education provided in Singapore (even if the course is developed outside Singapore); (l)to provide career guidance services and facilities to assist students prepare to enter the labour market and to other people;

to administer —

the Private Education Act 2009 in accordance with that Act; and (ii)the Skills Development Fund in accordance with the Skills Development Levy Act 1979;

to cooperate and collaborate with the Workforce Singapore Agency in the discharge of its functions under the Workforce Singapore Agency Act 2003; (o)to perform any other functions that may be conferred on the Agency by any other Act.

increasing Singapore workforce productivity and improving the international competitiveness of commerce or industry in Singapore; (b)current, emerging and future workforce skills needs across commerce or industry sectors in Singapore; (c)widening participation in learning opportunities for adults, particularly those that enhance employability of citizens and residents of Singapore; and

ensuring a system of training and workforce development in Singapore that —

responds to the needs of commerce or industry and employers, and in which commerce or industry and employers influence the policies, priorities and delivery of adult education and further education;

offers high quality and accessible adult education and further education; and

results in those persons undergoing that education obtaining skills.

the Agency is deemed to be fulfilling the purposes of this Act; and

the provisions of this Act apply to the Agency in respect of those other functions and duties.

the Institute of Technical Education, Singapore established by section 3 of the Institute of Technical Education Act 1992;

the Nanyang Polytechnic established under the Nanyang Polytechnic Act 1992;

the Ngee Ann Polytechnic established under the Ngee Ann Polytechnic Act 1967;

the Republic Polytechnic established under the Republic Polytechnic Act 2002;

the Singapore Polytechnic established under the Singapore Polytechnic Act 1954;

the Temasek Polytechnic established under the Temasek Polytechnic Act 1990; or

any company that is owned (wholly or partly) by the Institute of Technical Education, Singapore or any polytechnic mentioned in paragraphs (b) to (f);

the Nanyang Technological University;

the National University of Singapore;

the Singapore Management University;

the Singapore University of Technology and Design;

the Singapore Institute of Technology; (f)the Singapore University of Social Sciences;

any other person whose function of providing university education is determined by a public Act; or

any entity that is owned (wholly or partly) or controlled by any university or person mentioned in paragraphs (a) to (g).

to enter into contracts, agreements or arrangements;

to offer and conduct courses in and provide facilities for adult education or further education, and organise or sponsor seminars, workshops and conferences;

to publish or provide any information, or publish or sponsor the publication of works, relating to adult education, further education or private education; (d)to apply for, obtain and hold, whether on its own behalf or jointly with any other person, any intellectual property rights;

to enter into agreements or arrangements for the commercial exploitation of those intellectual property rights, whether by assignment, licensing or otherwise;

with the approval of the Minister, to join in the formation of a company, association, trust or partnership or enter into a joint venture with any person;

to be a member of a company, association, trust or partnership;

to provide financial incentives, support, grant, aid or assistance to any person;

to charge for the provision of goods or services, or the performance of work, by, or on behalf of, the Agency;

to waive the payment of fees and charges payable to the Agency;

to accept gifts, grants, bequests and devises made to the Agency, and act as trustee of money and other property vested in the Agency on trust;

to enter into agreements or arrangements with persons, authorities or organisations in Singapore or overseas for the purposes of the Agency;

to provide technical, consultancy or advisory services to the Government or any other person in Singapore or overseas on any matter related to, or connected with, adult education, further education or private education; and

to do any other thing that is necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions.

to have information in the possession of the Agency; and

where the information is in or on a document, to have, and make and retain copies of, that document.

request the Agency to provide information to the Minister; or

request the Agency to give the Minister access to information.

uses, without the prior written permission of the Agency, a symbol or representation identical with the Agency’s symbol or representation; or

uses a symbol or representation which so resembles the Agency’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

the term of the appointment; and

the date the appointment takes effect, which must not be a date earlier than the date the instrument is received by the member.

an undischarged bankrupt or an individual who has an arrangement with any of his or her creditors;

a Judge or judicial officer;

an individual who has been sentenced to imprisonment for a term of 6 months or more, and has not received a free pardon;

an individual who is —

disqualified under section 154(1) of the Companies Act 1967 from acting as a director, or taking part (whether directly or indirectly) in the management, of a company during the period of disqualification in that section;

disqualified by a court order under section 149(1), 149A(1) or 154(2) of the Companies Act 1967 from being a director or in any way (whether directly or indirectly) being concerned in, or taking part in, the management of a company during the period of disqualification in the court order;

disqualified under section 58(1) of the Variable Capital Companies Act 2018 from acting as a director, or taking part (whether directly or indirectly) in the management of a VCC during the period of disqualification in that provision; or

disqualified by a court order under section 56(1), 57(1) or 58(2) of the Variable Capital Companies Act 2018 from being a director or in any way (whether directly or indirectly) being concerned in, or taking part in, the management of a VCC during the period of disqualification in the court order;

an individual who lacks capacity in respect of his or her duties as a member within the meaning of the Mental Capacity Act 2008, or in respect of whom an order is made under section 10 of the Mental Health (Care and Treatment) Act 2008.

a member (other than the Chief Executive) to be the Chairperson of the Agency for the period specified in the instrument; and

a member (other than the Chairperson of the Agency) to be the Deputy Chairperson of the Agency for the period specified in the instrument.

his or her term of office as Chairperson or Deputy Chairperson (as the case may be) expires; (b)he or she ceases to hold office as a member of the Agency; or

the Minister terminates his or her appointment as Chairperson or Deputy Chairperson, as the case may be,whichever first happens.

the Chairperson is unavailable; or

the Chairperson is interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter.

is absent from duty or Singapore; or

is, for any reason, unable to perform the duties of the office.

is absent from duty or Singapore; or

is, for any reason, unable to perform the duties of the office.

there was a vacancy in the membership of the Agency, including a vacancy arising from the failure to appoint a member; (b)there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Agency; or (c)there was an irregularity in the Agency’s decision‑making procedure that does not affect the merits of the decision made.

there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Agency; or

in the case of an individual acting in the capacity of the Chairperson, member or Chief Executive, the occasion for the individual so acting, or for his or her appointment, had not arisen or had ended.

dies; (b)is adjudicated a bankrupt or makes an arrangement with any of his or her creditors;

becomes otherwise disqualified from being a member under section 11(2);

is removed from office in accordance with section 15;

resigns in accordance with section 16;

fails without reasonable cause to disclose any interest required under the Public Sector (Governance) Act 2018 and a notice is given under that Act to the Minister about that default;

fails to attend 3 consecutive meetings of the Agency without the approval of the Agency; or

is not re‑appointed when his or her term of office expires.

if there is a Chairperson and he or she is present and is not interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter — the Chairperson;

if there is no Chairperson, or the Chairperson is not present or is interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter, and the Deputy Chairperson who is not so interested in the matter is present — the Deputy Chairperson;

in any other case, the member elected from among themselves to preside.

the seal of the Agency is affixed to the document in the presence of one of its members who must sign the document to attest that the seal was so affixed, and the document is signed —

by any 2 members generally or specially authorised by the Agency for the purpose; or

by one member and the Chief Executive; or (b)it is signed on behalf of the Agency by a person or persons authorised to do so by the Agency and in accordance with the terms of that authorisation.

to advise the Agency on any matters relating to the Agency’s functions and powers that are referred to the committee by the Agency; or

to perform or exercise any of the Agency’s functions and powers that are delegated to the committee, if the committee includes at least one member of the Agency.

a member of the Agency;

the Chief Executive, any employee of the Agency or any other person performing duties in the Agency;

a committee;

a wholly‑owned subsidiary company of the Agency;

a person engaged as a contractor by the Agency.

to a person in subsection (1)(a), (b) or (c) may authorise the delegate to subdelegate the performance or exercise of the function or power to another member, an appropriately qualified employee of the Agency or person performing duties in the Agency (called in this Act a subdelegate); or

to a person in subsection (1)(d) or (e) may authorise the delegate to subdelegate the performance or exercise of the function or power to an appropriately qualified employee of that delegate (also called in this Act a subdelegate),but subject to the same restrictions, and with the same effect, as if the subdelegate is the delegate.

a reference to a wholly‑owned subsidiary company of the Agency includes a company limited by guarantee the sole member of which is the Agency; and

a reference to a person performing duties in the Agency includes a person performing duties in the Agency under a contract, or under an arrangement making available temporarily to the Agency the services of public officers (or secondment).

is taken to be in accordance with the terms of a delegation (or subdelegation) under section 36, unless the contrary is shown; and

must produce evidence of his or her authority to do so, if reasonably requested to do so.

is absent from duty or Singapore; or

is, for any reason, unable to perform the duties of the office.

in the performance of the Agency’s functions;

with the prior authorisation from the Agency to do so;

for the purposes of any proceedings for an offence under this section or section 58, or any report of those proceedings;

as required by an order of court;

in complying with the requirements in this Act for members to disclose interests; or

as required of or allowed by the Agency, the Chief Executive, the member, employee, delegate or subdelegate of the Agency or the committee member, by or under this Act or any other Act.

all moneys paid to the Agency by way of grants, subsidies, donations, gifts and contributions for purposes of the Agency;

all moneys paid to, and all other moneys and property lawfully received by, the Agency for purposes of the Agency;

all fees and charges payable to the Agency under this Act or any other Act administered by the Agency;

all moneys, dividends, royalties, interest or income received from any transaction made pursuant to the powers conferred on the Agency under this Act or any other Act administered by the Agency;

all moneys borrowed by the Agency under this Act;

the Skills Development Fund; and

all accumulations of income derived from any property or money mentioned in paragraphs (a) to (f).

mortgage, overdraft or other means, with or without security;

charge, whether legal or equitable, on any property vested in the Agency or on any other revenue receivable by the Agency under this Act or any other written law; or

the creation and issue of debentures, bonds or any other instrument as the Minister may approve.

from the Government; or

with the approval of the Minister, from another source, whether within or outside Singapore.

the truth or correctness of any statement made, or of any information given, by a person who applies or has applied for an incentive, a grant or a loan from the Agency out of moneys not in the Skills Development Fund; or

whether any incentive, grant or loan from the Agency out of moneys not in the Skills Development Fund has been properly applied by the person to whom the incentive, grant or loan is given.

enter any premises;

photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises;

require any person to provide or grant access to, without charge, any document or information reasonably required for any purpose mentioned in subsection (1);

inspect and make copies of or take extracts from any such document; (e)take possession of such a document if, in the opinion of the Agency or the Agency’s employee or agent —

the inspection or copying of or extraction from the document cannot reasonably be performed without taking possession; (ii)the document may be interfered with or destroyed unless possession is taken; or

the document may be required as evidence in any proceedings instituted or commenced for any of the purposes of, or in connection with, this Act;

require any person to complete and deliver any return specified within the time specified in the notice.

to require the person, or any person who is or was an officer or employee of that person, to explain the document or information; (b)if the document or information is not provided, to require the person to state, to the best of the person’s knowledge and belief, where it is; and

if the information is recorded otherwise than in legible form, to require the information to be made available to the Agency in legible form.

in relation to the person’s application, or in support of an application by another, for any incentive, grant or loan from the Agency out of moneys not in the Skills Development Fund, make, or authorise the making of, a statement that the person knows to be false or misleading in any material particular; (b)in providing any information or any document required by the Agency under section 57, provide any information or document that the person knows to be false or misleading in any material particular; or

intentionally alter, suppress or destroy any document or information which the person is required by the Agency under section 57 to provide.

one half of the amount of the maximum fine that is prescribed for the offence;

$2,000.

an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and

the officer, employee or agent had that state of mind,is evidence that the corporation had that state of mind.

who is —

an officer of the corporation, or a member of the corporation if the affairs of the corporation are managed by its members; or

an individual who is involved in the management of the corporation and is in a position to influence the conduct of the corporation 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 corporation; or

knew or ought reasonably to have known that the offence by the corporation (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 that same offence as is the corporation, and shall be liable on conviction to be punished accordingly.

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.