Home Team Science and Technology Agency Act 2019

• Jurisdiction: Singapore
• Coming into Force: 01 December 2019
• Record Number: Act 21 of 2019

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

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NO. 31] Friday, September 13 [2019

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The following Act was passed by Parliament on 6 August 2019 and assented to by the President on 29 August 2019:—

Home Team Science and; Technology Agency Act 2019

(No. 21 of 2019)

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I assent.

HALIMAH YACOB, President. 29 August 2019.

Date of Commencement: 1 December 2019

An Act to establish the Home Team Science and Technology Agency and to make consequential amendments to certain other Acts.

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

PART 1 PRELIMINARY Short title and commencement 1. This Act is the Home Team Science and Technology Agency Act 2019 and comes into operation on a date that the Minister appoints by notification in the Gazette. Interpretation 2. In this Act, unless the context otherwise requires — “Agency” means the Home Team Science and Technology Agency established by section 3; “Chairperson”, in relation to the Agency, means the member of the Agency who is appointed under section 12 as the Chairperson of the Agency, and includes any person appointed under section 14 to act in that capacity; “Chief Executive” means the Chief Executive of the Agency appointed under section 29, and includes any person acting in that capacity; “committee” means a committee of the Agency appointed under section 27; “committee member” means an individual appointed to be a member of a committee; “Deputy Chairperson”, in relation to the Agency, means a member of the Agency who is appointed under section 12 as a Deputy Chairperson of the Agency; “forensic purpose” means — (a) investigating an offence or a suspected offence under any written law or offences generally; (b) investigating the death of an individual or identifying a deceased individual; (c) investigating the whereabouts of or identifying a missing individual; or (d) investigating the cause or origin of any fire; “framework contract” means a contract between one or more procuring organisations in the Singapore public sector and one or more suppliers the purpose of which is to establish the terms governing orders for the supply of goods, works or services to be placed during a fixed period; “functions”, in relation to the Agency, means functions conferred on the Agency by this Act or any other Act; “Home Team agency” means any department of the Government within the Ministry of Home Affairs; “member”, in relation to the Agency, means a member of the Agency appointed under section 10, and includes any person appointed under section 14 to act in that capacity; “public body” has the meaning given by the Public Sector (Governance) Act 2018 (Act 5 of 2018); “public security purpose” means — (a) the maintaining of law and order and the preserving or restoring of public peace and safety in Singapore; (b) the prevention and detection of crimes and offences under any written law; or (c) the prevention of, and the response to, any serious incident within the meaning of section 3 of the Public Order and Safety (Special Powers) Act 2018 (Act 26 of 2018); “Singapore public sector” has the meaning given by the Public Sector (Governance) Act 2018; “transfer date” means a date specified by the Minister by order in the Gazette for the purposes of Part 8.

PART 2 ESTABLISHMENT, FUNCTIONS AND; POWERS OF AGENCY Home Team Science and Technology Agency 3. A body called the Home Team Science and Technology Agency is established by this section. Agency is body corporate 4.—(1) The Agency — (a) is a body corporate with perpetual succession; (b) may acquire, hold and dispose of real and personal property; and (c) may sue and be sued in its corporate name. (2) The Agency may use, and operate under, one or more trading names approved by the Minister. (3) A trading name can be an abbreviation or adaptation of the Agency’s corporate name, or a name other than the Agency’s corporate name. (4) The Agency must cause notice of every trading name approved under subsection (2) to be published in the Gazette; but failure to do so does not invalidate the approval or use of that name. Functions of Agency 5.—(1) The Agency has the following functions: (a) to provide scientific and technological services for or in relation to a forensic purpose or public security purpose to any Home Team agency or organisation in the Singapore public sector; (b) to carry out, support and facilitate the research and development and application of science and technology in relation to forensic purposes or public security purposes for the benefit of any Home Team agency or organisation in the Singapore public sector; (c) to manage scientific or technological cooperation between any Home Team agency and other persons in relation to a forensic purpose or public security purpose; (d) to undertake as an agent of the Government the procurement of goods and services relating to any Home Team agency; (e) to manage and administer contracts to which any Home Team agency is party so as to ensure that contractual obligations and activities are performed by all parties to the contract; (f) to establish and manage any framework contract connected with or related to science and technology in relation to forensic purposes or public security purposes, for the benefit of any Home Team agency or organisation in the Singapore public sector; (g) to design and develop security systems and provide systems design services for the benefit of the Singapore public sector; (h) to perform such other functions as may be conferred on the Agency by any other Act. (2) In performing the functions conferred on the Agency by subsection (1), the Agency is to have regard to — (a) efficiency and economy; (b) the potential impact or benefit of scientific or technological advances on the operations of any Home Team agency; and (c) the evolving nature of criminal activities in and security threats to Singapore. (3) In addition to the functions conferred by this section, the Agency may undertake such other functions as the Minister may assign to the Agency by notification in the Gazette, and in so undertaking — (a) the Agency is deemed to be fulfilling the purposes of this Act; and (b) the provisions of this Act apply to the Agency in respect of those other functions and duties. (4) Nothing in this section imposes on the Agency, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Agency would not otherwise be subject. Powers of Agency 6.—(1) The Agency has power to do all things necessary or expedient to be done for, or in connection with, the performance of its functions. (2) Without limiting subsection (1), the powers of the Agency include the following: (a) to enter into contracts, agreements or arrangements for itself, or on behalf of the Government in relation to any Home Team agency; (b) to establish and manage framework contracts for the benefit of any Home Team agency or organisation in the Singapore public sector; (c) to acquire, develop, hold and dispose of real or personal property; (d) to appoint and act through agents; (e) to employ staff and engage consultants; (f) to publish or provide any information, or publish or sponsor the publication of works; (g) to apply for, obtain and hold, whether on its own behalf or jointly with any other person, any intellectual property rights; (h) to enter into agreements or arrangements for the commercial exploitation of those intellectual property rights, whether by assignment, licensing or otherwise; (i) with the approval of the Minister, to form or join in the formation of a company, association, trust or partnership or enter into a joint venture with any person; (j) to be a member of a company, association, trust or partnership; (k) to provide financial incentives, support, grant, aid or assistance to any person; (l) to charge for the provision of goods or services, or the performance of work, by or on behalf of the Agency; (m) to waive the payment of fees and charges payable to the Agency; (n) 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; (o) 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, a forensic purpose or public security purpose; (p) to collect, compile, analyse and disseminate information of a statistical nature or otherwise concerning matters relating to its functions; (q) to provide scholarships and training grants in the field of science and technology; (r) to do any other thing that is incidental or conducive to the performance of its functions. (3) To avoid doubt, subsection (1) does not limit any other power given to the Agency by any other provision in this Act or by any other Act. (4) The Agency may exercise its powers inside or outside Singapore. (5) To avoid doubt, nothing in this Act is to be construed as preventing the exercise of any power or discharge of any function of the Transport Safety Investigation Bureau of Singapore established by section 8(1) of the Transport Safety Investigations Act 2018 (Act 36 of 2018). Directions of Minister, etc. 7.—(1) The Minister may give to the Agency any direction under section 5 of the Public Sector (Governance) Act 2018. (2) To avoid doubt, the Minister is entitled — (a) to have information in the possession of the Agency; and (b) where the information is in or on a document, to have, and make and retain copies of, that document. (3) For the purposes of subsection (2), the Minister may request the Agency — (a) to provide information to the Minister; or (b) to give the Minister access to information. (4) The Agency must comply with a request under subsection (3). (5) In this section — “document” includes any tape, disc or other device or medium on which information is recorded or stored; “information” means information specified, or of a description specified, by the Minister that relates to the functions of the Agency. Agency’s symbol, etc. 8.—(1) The Agency ...