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Competition (Composition of Offences) Regulations

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Competition Act
(Chapter 50B, Section 84(2))
Competition (Composition of Offences) Regulations
Rg 2
G.N. No. S 867/2005
REVISED EDITION 2006
(31st August 2006)
[1st January 2006]
Citation
1.  These Regulations may be cited as the Competition (Composition of Offences) Regulations.
Compoundable offences
2.
—(1)  The offences under sections 22(4), 32(2), 65(6), 75(1), 76, 77, 78, 80(2) and 89(2) of the Act may be compounded by the Chief Executive or any officer of the Commission authorised by the Chief Executive in accordance with section 84 of the Act.
(2)  The maximum sum for which each such offence may be compounded is set out in the First Schedule.
Acceptance of composition of offence
3.
—(1)  An offence may be compounded only if the person reasonably suspected of having committed the offence —
(a)
accepts the offer of composition made by the Commission in writing in the form set out in the Second Schedule; and
(b)
pays the composition sum to the Commission,
within 14 days after the offer of composition is made or such longer period as the Commission may specify.
(2)  Where the person referred to in paragraph (1) is not an individual, the acceptance of composition shall be made —
(a)
in the case of a body corporate, by an officer of that body corporate;
(b)
in the case of a partnership, by a partner of that partnership; or
(c)
in the case of an unincorporated association (other than a partnership), by an officer of that association or a member of its governing body.
(3)  In paragraph (2), “officer” —
(a)
in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body; or
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary or any member of the committee of the association and includes persons holding positions analogous to those of president, secretary or member of a committee.
FIRST SCHEDULE
Regulation 2(2)
Compoundable offences under the Act
 
Maximum composition sum
(1) Section 22 (4)
 
$ 500
(2) Section 32 (2)
 
$2,500
(3) Section 65 (6)
 
$5,000
(4) Section 75 (1)
 
$5,000
(5) Section 76
 
$5,000
(6) Section 77
 
$5,000
(7) Section 78
 
$5,000
(8) Section 80 (2)
 
$2,500
(9) Section 89 (2)
 
$5,000.
SECOND SCHEDULE
Regulation 3(1)
Acceptance of Offer of Composition Made by Competition Commission of Singapore
1.  I, ____________________ [Name and NRIC/Passport Number] [If made by an officer of a body corporate, partner of partnership, or officer or member of governing body of unincorporated association, to state his position], acknowledge that the Competition Commission of Singapore has by way of a letter dated ____________ made an offer of composition under section 84 of the Competition Act (Cap. 50B) in respect of an offence [or offences] under the Act or any subsidiary legislation made thereunder, committed by ______________________ [myself/my business trading as Business Name/Name of body corporate, partnership or unincorporated association, of which I am a representative authorised by the body corporate/partnership/unincorporated association.].
2.  The offer made by the Competition Commission of Singapore is as follows:
S/No.
 
Offence and date of offence
 
Composition sum offered
1.
 
(Brief description of the offence, and state the provision of the Act breached and the date of the breach)
 
(State composition sum)
3.  I agree to the offer of composition as stated above and enclose, with this form, payment of the composition sum.
 
 
 
 
 
 
 
 
______________________________________
 
 
 
Signature of person accepting the offer of composition or authorised person accepting the offer of composition on behalf of a body corporate, a partnership, or an unincorporated association
 
 
 
 
 
 
 
Date: _________________________________
 
 
 
If the person to whom the offer of composition is made and who accepts the composition is not literate in English, the person interpreting it shall attest as follows:
I, _______________________________________ [Name and NRIC/Passport Number], have interpreted this form to the person accepting the offer of composition in __________________ [state language] and have ascertained that he understands the contents of the form and agrees to the composition.
 
 
 
____________________________
 
 
Signature of interpreter
 
 
 
 
 
Date: ___________________
 
 
[G.N. No. S 867/2005]

LEGISLATIVE HISTORY

Competition (Composition of Offences) Regulations
(CHAPTER 50B, Rg 2)
This Legislative History is provided for the convenience of users of the Competition (Composition of Offences) Regulations. It is not part of these Regulations.
1.  
G. N. No. S 867/2005—Competition (Composition of Offences) Regulations 2005
Date of commencement
:
1 January 2006
2.  
2006 Revised Edition—Competition (Composition of Offences) Regulations
Date of operation
:
31 August 2006