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Consumer Protection (Fair Trading) Act 2003
(No. 27 of 2003)
Table of Contents
Long Title
Enacting Formula
1 Short title and commencement
2 Interpretation
3 Application of Act
4 Meaning of unfair practice
5 Circumstances surrounding unfair practice
6 Consumer’s right to sue for unfair practice
7 Jurisdiction and powers of courts
8 Voluntary compliance agreement
9 Declaration or injunction
10 Injunction Proposals Review Panel
11 Right to cancel certain contracts within cancellation period
12 Limitation period
13 No contracting out
14 Rights transferred
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15 Preservation of other rights or remedies
16 Exemption from liability for publishers
17 Parol evidence rule abolished
18 Interpretation of documents
19 Amendment of Schedules
20 Regulations
FIRST SCHEDULE Excluded Transactions
SECOND SCHEDULE Specific Unfair Practices
THIRD SCHEDULE Constitution and Proceedings of Injunction Proposals
Review Panel
FOURTH SCHEDULE Modifications to Provisions of Limitation Act
REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority
NO. 31]
FRIDAY, DECEMBER 26
[2003
The following Act was passed by Parliament on 11th November 2003 and assented to
by the President on 28th November 2003:—
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CONSUMER PROTECTION (FAIR TRADING) ACT 2003
(No. 27 of 2003)
I assent.
S R NATHAN,
President.
28th November 2003.
Date of Commencement: 1st March 2004
An Act to protect consumers against unfair practices and for matters connected therewith.
Be it enacted by the President with the advice and consent of the Parliament of
Singapore, as follows:
1. This Act may be cited as the Consumer Protection (Fair Trading) Act 2003 and
shall come into operation on such date as the Minister may, by notification in the Gazette,
appoint.
2.—(1) In this Act, unless the context otherwise requires —
“Chairman” means the Chairman of the Injunction Proposals Review Panel
appointed under section 10;
“consumer” means an individual who, otherwise than exclusively in the course of
business —
(a)
receives or has the right to receive goods or services from a supplier; or
(b)
has a legal obligation to pay a supplier for goods or services that have
been or are to be supplied to another individual;
“consumer transaction” means —
(a)
the supply of goods or services by a supplier to a consumer as a result
of a purchase, lease, gift, contest or other arrangement; or
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(b)
an agreement between a supplier and a consumer, as a result of a
purchase, lease, gift, contest or other arrangement, in which the
supplier is to supply goods or services to the consumer or to another
consumer specified in the agreement,
but does not include any transaction specified in the First Schedule;
“flat” means a horizontal stratum of any building or part thereof, whether the
stratum or part is on one or more levels or is partially or wholly below the
surface of the ground;
“goods” means —
(a)
any personal property, whether tangible or intangible, and includes —
(i)
chattels that are attached or intended to be attached to real
property on or after delivery; and
(ii)
credit, including credit extended solely on the security of land;
(b)
any residential property; or
(c)
a voucher;
“hire-purchase agreement” has the same meaning as in the Hire-Purchase Act
(Cap.125);
“material fact” means any information that a supplier knows or ought reasonably
to know would affect the decision of a consumer to enter into a consumer
transaction;
“Panel” means the Injunction Proposals Review Panel appointed under section 10;
“residential property” means any house, flat or other premises which is permitted
to be used pursuant to any written law as a dwelling-house and any such house,
flat or other premises which is in the course of being constructed;
“services” includes —
(a)
a service offered or provided that involves the addition to or
maintenance, repair or alteration of goods or any residential property;
(b)
a membership in any club or organisation if the club or organisation is a
business formed to make a profit for its owners;
(c)
the right to use time share accommodation under a time share contract;
“Small Claims Tribunal” means a Small Claims Tribunal constituted under
section 4 of the Subordinate Courts Act (Cap. 321);
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“specified body” means any person or body appointed under section 8(10);
“supplier” means a person who, in the course of the person’s business —
(a)
provides goods or services to consumers;
(b)
manufactures, assembles or produces goods;
(c)
promotes the use or purchase of goods or services; or
(d)
receives or is entitled to receive money or other consideration as a
result of the provision of goods or services to consumers,
and includes any employee or agent of the person;
“time share accommodation” means any living accommodation, in Singapore or
elsewhere, used or intended to be used (wholly or partly) for leisure purposes
by a class of persons all of whom have rights to use, or participate in
arrangements under which they may use, that accommodation or
accommodation within a pool of accommodation to which that accommodation
belongs;
“time share contract” means a contract which confers or purports to confer on an
individual time share rights that are exercisable during a period of not less than
3 years;
“time share rights” means rights to use time share accommodation for a specified
or ascertainable period, but does not include rights under a contract of
employment or an insurance policy;
“unfair practice” means an unfair practice within the meaning of section 4;
“voucher” means any document that purports to give the holder of the document
the right to obtain goods or a service or the right to obtain goods or a service at
a discounted or reduced price.
(2) An individual who holds himself out as acting exclusively in the course of
business shall be treated as acting exclusively in the course of business for the purpose of
the definition of “consumer” in subsection (1).
3. This Act shall not apply unless —
(a)
the supplier or consumer is resident in Singapore; or
(b)
the offer or acceptance relating to the consumer transaction is made in or is
sent from Singapore.
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4. It is an unfair practice for a supplier, in relation to a consumer transaction —
(a)
to do or say anything, or omit to do or say anything, if as a result a
consumer might reasonably be deceived or misled;
(b)
to make a false claim;
(c)
to take advantage of a consumer if the supplier knows or ought reasonably
to know that the consumer —
(i)
is not in a position to protect his own interests; or
(ii)
is not reasonably able to understand the character, nature,
language or effect of the transaction or any matter related to the
transaction; or
(d)
without limiting the generality of paragraphs (a) to (c), to do anything
specified in the Second Schedule.
5.—(1) An unfair practice may occur before, during or after a consumer transaction.
(2) An unfair practice may consist of a single act or omission.
(3) In determining whether or not a person has engaged in an unfair practice —
(a)
the reasonableness of the actions of that person in those circumstances is to
be considered; and
(b)
an act or omission by an employee or agent of a person is deemed also to
be an act or omission of the person if the act or omission occurred in the
course of —
(i)
the employee’s employment with the person; or
(ii)
the agent exercising the powers or performing the duties on
behalf of the person within the scope of the agent’s actual or
apparent authority.
6.—(1) A consumer who has entered a consumer transaction involving an unfair
practice may commence an action in a court of competent jurisdiction against the
supplier.
(2) The right to commence an action under subsection (1) shall not apply where —
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(a)
the amount of the claim exceeds the prescribed limit; or
(b)
there is no claim for money, and the remedy or relief sought in the action is
in respect of a subject-matter the value of which exceeds the prescribed
limit.
(3) For the purposes of subsection (2)(a), where the amount claimed consists of a
balance not exceeding the prescribed limit after set-off of any amount claimed or
recoverable by the supplier from the consumer, being a set-off admitted by the consumer
in the particulars of his claim, the amount of the claim shall not be taken to exceed the
prescribed limit.
(4) For the purposes of subsection (2)(b), where the subject-matter in an action is a
residential property, its value shall be —
(a)
the annual value of the immovable property appearing in the Valuation List
prepared under section 10 of the Property Tax Act (Cap. 254);
(b)
the annual rent, or twelve times the monthly rent, payable by the tenant in
respect of the immovable property (if this value is lower than the value in
paragraph (a)); or
(c)
if the annual value, annual rent or monthly rent cannot be ascertained, one-
tenth of the last transacted price.
(5) Where the amount of a claim in an action under subsection (1) exceeds the
prescribed limit, the consumer may abandon the excess and thereafter —
(a)
the amount of the claim shall be deemed to be within the prescribed limit;
(b)
the consumer shall not recover in that action an amount exceeding the
prescribed limit; and
(c)
an order of the court in relation to that action shall be in full discharge of
all demands in respect of that cause of action.
(6) The prescribed limit referred to in this section shall be $20,000 or such other
amount as the Minister may, by order in the Gazette, prescribe.
7.—(1) Subject to the provisions of the Small Claims Tribunals Act (Cap. 308), a
Small Claims Tribunal shall have jurisdiction to hear and determine any action under —
(a)
section 6(1) insofar as the action relates to an unfair practice involving a
contract for the sale of goods or for the provision of services within the
meaning of the Small Claims Tribunals Act (referred to in this subsection
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as a relevant contract);
(b)
section 8(6), (7) or (8) insofar as the action relates to an undertaking in
respect of an unfair practice involving a relevant contract; or
(c)
any regulations made under section 11 insofar as the action relates to a
relevant contract.
(2) For the avoidance of doubt, subsection (1) shall not confer any jurisdiction on a
Small Claims Tribunal to hear and determine any action relating to a hire-purchase
agreement, a time share contract or rental or sale of immovable property.
(3) For the purposes of determining whether an action under section 6(1) exceeds the
District Court limit or the Magistrate’s Court limit within the meaning of the Subordinate
Courts Act (Cap. 321), such an action shall be deemed to be a claim founded on contract.
(4) Without prejudice to any other powers of the court to grant relief, a court (other
than a Small Claims Tribunal) may in any proceedings where the court finds that a
supplier has engaged in an unfair practice —
(a)
order restitution of any money, property or other consideration given or
furnished by the consumer;
(b)
award the consumer damages in the amount of any loss or damage suffered
by the consumer as a result of the unfair practice;
(c)
make an order of specific performance against the supplier;
(d)
make an order directing the supplier to repair goods or provide parts for
goods; or
(e)
make an order varying the contract between the supplier and the consumer.
(5) For the avoidance of doubt, in an action under section 6(1) before a Small Claims
Tribunal, the Tribunal may make orders pursuant to the provisions of the Small Claims
Tribunals Act (Cap. 308).
(6) Notwithstanding subsections (4) and (5), the court shall not grant any relief in
respect of any goods or services intended for business use in an action under
section 6(1).
(7) For the purposes of subsection (6), the court may apportion the use of goods and
services between business use and non-business use as the court considers just and
equitable in the circumstances of the case (notwithstanding that the goods or services are
indivisible) and grant relief only in respect of the portion of goods and services so
attributed with non-business use.
(8) For the purposes of subsections (6) and (7) and section 17, goods or services
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intended for business use shall include —
(a)
goods or services (as the case may be) that the consumer intends to re-sell
in the course of his business; and
(b)
goods that the consumer intends to use up or transform, in the course of his
business, in a process of production or manufacturing or in repairing or
treating other goods or fixtures,
and “business use” and “non-business use” shall be construed accordingly.
(9) Where the court finds that an unfair practice has occurred, the court shall, in
making an order in an action under section 6(1), have regard to whether or not the
consumer made a reasonable effort to —
(a)
minimise any loss or damage resulting from the unfair practice; and
(b)
resolve the dispute with the supplier before commencing the action.
8.—(1) Where there are reasonable grounds for believing that a supplier has engaged,
is engaging or is likely to engage in an unfair practice, a specified body may invite the
supplier to enter into a voluntary compliance agreement.
(2) The voluntary compliance agreement shall —
(a)
be in writing; and
(b)
include an undertaking that the supplier will not engage in the unfair
practice.
(3) Subject to subsection (5), the specified body may (with the agreement of the
supplier) include in a voluntary compliance agreement all or any of the following
undertakings by the supplier:
(a)
to compensate any consumer who has suffered loss or damage as a result
of an unfair practice;
(b)
to reimburse any specified body for any costs or expenses incurred by it;
(c)
to publicise the voluntary compliance agreement,
in such manner or upon such terms as specified in the undertakings.
(4) Subject to subsection (5), the specified body may (after entering into a voluntary
compliance agreement and with the agreement of the supplier) —
(a)
vary the terms of any undertaking included in the voluntary compliance
agreement; or
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(b)
include, in the voluntary compliance agreement, additional undertakings
referred to in subsection (3).
(5) No undertaking referred to in subsection (3)(a) shall be included in a voluntary
compliance agreement or varied after its inclusion, except at the request of the consumer
to whom the undertaking relates.
(6) Where a supplier fails to comply with any undertaking referred to in
subsection (3)(a), the consumer may recover the compensation specified in the
undertaking as a civil debt due to the consumer.
(7) Where a supplier fails to comply with any undertaking referred to in
subsection (3)(b), the specified body may recover the reimbursement specified in the
undertaking as a civil debt due to the specified body.
(8) Where a supplier fails to comply with an undertaking under subsection (3)(c), the
specified body may publicise the voluntary compliance agreement in accordance with
the undertaking and recover the costs and expenses so incurred from the supplier as a
civil debt due to the specified body.
(9) Unless otherwise provided in the voluntary compliance agreement, recovery of
compensation or reimbursement (as the case may be) under a voluntary compliance
agreement or under subsection (6), (7) or (8) shall bar all further actions to recover any
loss, damage, costs or expenses to which the undertaking so enforced relates.
(10) The Minister may, by notification in the Gazette, appoint any person or body as
a specified body for the purposes of this Act.
9.—(1) Where a supplier has engaged, is engaging or is likely to engage in an unfair
practice, the District Court or High Court may, on the application of a specified body —
(a)
make a declaration that the practice engaged in or about to be engaged in
by the supplier is an unfair practice;
(b)
grant an injunction restraining the supplier from engaging in the unfair
practice; and
(c)
if the Court grants relief under paragraph (a) or (b), make a further order
requiring the supplier to advertise to the public in a manner that will ensure
prompt and reasonable communication to consumers, on any terms or
conditions the Court considers reasonable and just, particulars of any
declaration or injunction granted against the supplier under paragraph (a)
or (b).
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(2) Where an application is made to the District Court or High Court for the grant of a
declaration or an injunction under subsection (1), the power of the Court to grant the
declaration or injunction may be exercised —
(a)
if the Court is satisfied that the supplier has engaged in the unfair practice,
whether or not it appears to the Court that the supplier intends to engage
again, or to continue to engage, in the unfair practice; or
(b)
if it appears to the Court that, in the event that a declaration or an
injunction is not granted, it is likely that the supplier will engage in the
unfair practice, whether or not the supplier has previously engaged in the
unfair practice and whether or not there is any likelihood of irreparable
harm to any consumer or class of consumers if the supplier engages in the
unfair practice.
(3) Where an application is made to the District Court or High Court for an injunction
under subsection (1), the Court may (pending determination of the application) grant an
interim injunction restraining the supplier from engaging in the unfair practice, if the
Court is of the opinion that it is desirable to do so —
(a)
whether or not it appears to the Court that the supplier intends to engage
again, or to continue to engage, in the unfair practice; or
(b)
whether or not the supplier has previously engaged in the unfair practice
and whether or not there is any likelihood of irreparable harm to any
consumer or class of consumers if the supplier engages in the unfair
practice.
(4) A specified body shall not, except with the endorsement of the Panel under
section 10(5)(b), make an application for a declaration or an injunction under
subsection (1).
(5) In any legal proceedings, a certificate purporting to be under the hand of the
Chairman stating that the Panel has, pursuant to section 10(5)(b), endorsed a proposal by
a specified body to make an application for a declaration or an injunction against a
supplier under this section shall be admissible as prima facie evidence of those facts.
(6) If a practice of the supplier has been declared or permanently enjoined by the
District Court or High Court as being an unfair practice under this section, the order shall
be, in any other civil proceedings involving the supplier except an appeal from the order,
conclusive proof that the practice in question is an unfair practice.
(7) Where a specified body makes an application to the District Court or High Court
for the grant of a declaration or an injunction under subsection (1) or for an interim
injunction under subsection (3), the Court may order the specified body to furnish
security for costs in any amount that the Court considers proper.
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10.—(1) The Minister may, by notification in the Gazette, appoint an Injunction
Proposals Review Panel consisting of —
(a)
a Chairman;
(b)
a Deputy Chairman who shall be a public officer or an officer of any
statutory board; and
(c)
at least one other member.
(2) The members of the Panel shall hold office for such period as may be determined
by the Minister and shall, on ceasing to be a member, be eligible for reappointment.
(3) The Minister may, at any time, revoke the appointment of any member of the
Panel without assigning any reason.
(4) A member of the Panel may resign his office at any time by giving notice in
writing to the Minister.
(5) The Panel shall have the power to do anything necessary, incidental or conducive
for the purpose of discharging its functions under this Act and, in particular, may —
(a)
consider any proposal by a specified body to apply for a declaration or an
injunction against a supplier under section 9 referred to the Panel by the
Chairman; and
(b)
if the Panel is satisfied that it is in the public interest, endorse the proposal
referred to in paragraph (a).
(6) The constitution and the proceedings of the Panel shall be governed by the
provisions in the Third Schedule.
(7) No act or thing done by or under the authority of the Panel shall be invalid in
consequence of any defect that is subsequently discovered in the appointment or
qualification of the members or any of them.
(8) Subject to subsection (9), except insofar as may be necessary for the purposes of
giving effect to any decision of the Panel, confidentiality shall be maintained in all
proceedings conducted by the Panel.
(9) The Chairman shall, as soon as practicable after the end of each calendar year,
submit to the Minister an annual report on the activities of the Panel.
(10) No action or proceedings shall lie against the Panel or any member thereof for
any act or thing done under this Act unless it is proved to the court that the act or thing
was done in bad faith or with malice.
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11.—(1) The Minister may make regulations prescribing that a consumer who, in
relation to a consumer transaction, has entered into a contract falling within any class of
contracts specified in the regulations may cancel the contract within a cancellation period
specified in the regulations.
(2) For the purposes of this section, the Minister may make regulations prescribing —
(a)
the manner in which notices of cancellation may be properly given;
(b)
any notice that the supplier must give to the consumer and the manner in
which such notice may be properly given;
(c)
the rights and obligations of parties to a contract cancelled pursuant to
regulations made under this section, or any other contract entered into for
the purposes of the cancelled contract, including the amount or value of
any deposit, security, goods or compensation recoverable in an action
arising from the cancellation; and
(d)
the effect of cancellation pursuant to regulations made under this section
on any rights the parties to the contract may otherwise have.
12.—(1) No action under section 6 shall be commenced later than one year from —
(a)
the date of the occurrence of the last material event on which the action is
based; or
(b)
the earliest date on which the consumer had knowledge that the supplier
had engaged in the unfair practice to which the action relates, including —
(i)
in the case of an unfair practice referred to in section 4(a) or (b)
or involving any representation, act or omission that is false,
deceptive or misleading, knowledge that the representation, act
or omission is false, deceptive or misleading; and
(ii)
in the case of an unfair practice referred to in section 4(c) or
involving taking advantage of the consumer, knowledge that the
supplier had taken advantage of him,
whichever occurs later.
(2) No action under section 8(6), (7) or (8) shall be commenced later than one year
from the date of the failure to comply with the undertaking sought to be enforced.
(3) No action under section 9 shall be commenced later than one year from the date
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of the occurrence of the last material event on which the action is based.
(4) No action under any regulations made under section 11 shall be commenced later
than one year from the date of the cancellation of the contract.
(5) Knowledge that any representation, act or omission did or did not, as a matter of
law, involve an unfair practice is irrelevant for the purposes of subsection (1)(b).
(6) For the purposes of subsection (1)(b), a consumer’s knowledge includes
knowledge which he might reasonably have been expected to acquire from facts —
(a)
observable or ascertainable by him; or
(b)
ascertainable by him with the help of appropriate expert advice which it is
reasonable for him to seek.
(7) A consumer shall not be taken by virtue of subsection (6) to have knowledge of a
fact ascertainable only with the help of expert advice so long as he has taken all
reasonable steps to obtain (and, where appropriate, to act on) that advice.
(8) The Limitation Act (Cap. 163) shall apply (with the necessary modifications,
including the modifications set out in the Fourth Schedule) to actions referred to in this
section as if such actions were actions for which a period of limitation is prescribed in
Part II of the Limitation Act.
13.—(1) The provisions of this Act shall prevail notwithstanding any agreement to the
contrary and any term contained in a contract is void, if and to the extent that it is
inconsistent with the provisions of this Act.
(2) Any waiver or release given of any right, benefit or protection conferred under
this Act shall be void.
(3) Subsections (1) and (2) shall not apply to any release made by a person in
settlement of a dispute.
14. Where, other than in the course of business, an individual, as heir or assignee of a
consumer, receives goods or services, that individual has the same rights as the consumer
to seek and obtain redress from the supplier under this Act.
15.—(1) Subject to subsection (2), nothing in this Act shall restrict, limit or derogate
from any right or remedy that a consumer may have apart from this Act.
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(2) Subsection (1) shall have effect subject to any provision to the contrary in any
regulations made under section 11 or 20.
16. A person who, on behalf of a supplier, prints, publishes, distributes, broadcasts or
telecasts an advertisement in good faith and in the ordinary course of his business shall
not be liable under this Act in respect of any statement, representation or omission in that
advertisement.
17.—(1) Notwithstanding sections 93 and 94 of the Evidence Act (Cap. 97), parol or
extrinsic evidence establishing the existence of an express warranty is admissible in any
action relating to a consumer transaction between a consumer and a supplier even though
it adds to, varies or contradicts a written contract.
(2) Subsection (1) shall not be applicable to establish the existence of any express
warranty in respect of goods or services intended for business use.
18. If a consumer and a supplier enter into a consumer transaction and —
(a)
all or any part of the transaction or contract is evidenced by a document
provided by the supplier; and
(b)
a provision of the document is ambiguous,
the provision must be interpreted against the supplier.
19. The Minister may, by order published in the Gazette, amend the Schedules.
20.—(1) The Minister may make such regulations as may be necessary or expedient
for the purposes of this Act.
(2) Without prejudice to the generality of subsection (1), the Minister may make
regulations —
(a)
exempting any class of supplier or any class of goods or services or
transactions from the application of this Act or any provision of this Act,
and imposing conditions for that exemption;
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(b)
modifying the application of any provision of this Act to any class of
supplier or any class of goods or services or transactions;
(c)
controlling or prohibiting any practice in relation to any consumer
transaction;
(d)
prescribing information or notices that must be provided to consumers by
suppliers with respect to any consumer transaction;
(e)
prescribing the form or terms of contracts to be used in any consumer
transaction and any information to be contained therein;
(f)
requiring suppliers to maintain books, accounts (including trust accounts)
or records in relation to any consumer transactions, and prescribing the
form and mode of keeping such books, accounts and records;
(g)
prescribing or adopting, with or without modification, codes, standards or
rules governing the conduct of suppliers engaged in any consumer
transaction;
(h)
prescribing the rights and obligations of parties who have entered a
consumer transaction in the event of failure to comply with any provision
of this Act or the regulations made thereunder, including the right to sue
for such failure; and
(i)
specifying limitation periods for any action under this Act or any
regulations made thereunder.
FIRST SCHEDULE
Section 2
EXCLUDED TRANSACTIONS
1. The term “consumer transaction” does not include any of the following transactions:
(a)
acquisition of an estate or interest in any immovable property (but not including any lease of
residential property granted in consideration of rent or any time share contract);
(b)
(for the avoidance of doubt) service provided under a contract of employment; or
(c)
any transaction or activity that is regulated under any written law specified in paragraph 2.
2. The following Acts are specified for the purposes of paragraph 1(c):
(a)
Banking Act (Cap. 19);
(b)
Commodity Trading Act (Cap. 48A);
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(c)
Finance Companies Act (Cap. 108);
(d)
Financial Advisers Act (Cap. 110);
(e)
Insurance Act (Cap. 142);
(f)
section 28 of the Monetary Authority of Singapore Act (Cap. 186);
(g)
Money-changing and Remittance Businesses Act (Cap. 187);
(h)
Moneylenders Act (Cap. 188);
(i)
Pawnbrokers Act (Cap. 222);
(j)
Securities and Futures Act (Cap. 289).
SECOND SCHEDULE
Section 4(d)
SPECIFIC UNFAIR PRACTICES
1. Representing that goods or services have sponsorship, approval, performance characteristics,
accessories, ingredients, components, qualities, uses or benefits that they do not have.
2. Representing that goods or services are of a particular standard, quality, grade, style, model, origin
or method of manufacture if they are not.
3. Representing that goods are new or unused if they are not or if they have deteriorated or been
altered, reconditioned or reclaimed.
4. Representing that goods have been used to an extent different from the fact or that they have a
particular history or use if the supplier knows it is not so.
5. Representing that goods or services are available or are available for a particular reason, for a
particular price, in particular quantities or at a particular time if the supplier knows or can reasonably be
expected to know it is not so, unless the representation clearly states any limitation.
6. Representing that a service, part, repair or replacement is needed or desirable if that is not so, or
that a service has been provided, a part has been installed, a repair has been made or a replacement has
been provided, if that is not so.
7. Representing that a price benefit or advantage exists respecting goods or services where the price
benefit or advantage does not exist.
8. Charging a price for goods or services that is substantially higher than an estimate provided to the
consumer, except where the consumer has expressly agreed to the higher price in advance.
9. Representing that a transaction involving goods and services involves or does not involve rights,
remedies or obligations where that representation is deceptive or misleading.
10. Representing that a person has or does not have the authority to negotiate the final terms of an
agreement involving goods or services if the representation is different from the fact.
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11. Taking advantage of a consumer by including in an agreement terms or conditions that are harsh,
oppressive or excessively one-sided so as to be unconscionable.
12. Taking advantage of a consumer by exerting undue pressure or undue influence on the consumer
to enter into a transaction involving goods or services.
13. Representing in relation to a voucher that another supplier will provide goods or services at a
discounted or reduced price if the supplier making the representation knows or ought to know that the
other supplier will not do so.
14. Making a representation that appears in an objective form such as an editorial, documentary or
scientific report when the representation is primarily made to sell goods or services, unless the
representation states that it is an advertisement or a promotion.
15. Representing that a particular person has offered or agreed to acquire goods and services whether
or not at a stated price if he has not.
16. Representing the availability of facilities for repair of goods or of spare parts for goods if that is
not the case.
17. Offering gifts, prizes or other free items in connection with the supply of goods or services if the
supplier knows or ought to know that the items will not be provided or provided as offered.
18. Representing that goods or services are available at a discounted price for a stated period of time
if the supplier knows or ought to know that the goods and services will continue to be so available for a
substantially longer period.
19. Representing that goods or services are available at a discounted price for a particular reason that
is different from the fact.
20. Using small print to conceal a material fact from the consumer or to mislead a consumer as to a
material fact, in connection with the supply of goods or services.
THIRD SCHEDULE
Section 10(6)
CONSTITUTION AND PROCEEDINGS OF INJUNCTION PROPOSALS REVIEW PANEL
1. Subject to any direction under paragraph 7, all the members of the Panel shall be present to
constitute a quorum for a meeting of the Panel and any decision in writing signed by all the members of
the Panel shall be as valid and effectual as if it had been made or reached at a meeting of the Panel where
all its members were present.
2. The Panel may meet for the purposes of its inquiry, adjourn or otherwise regulate the conduct of its
inquiry as the members think fit.
3. The Chairman may at any time summon a meeting of the Panel.
4. All members of the Panel shall vote on any question arising at the meeting (subject to any
direction under paragraph 7) and such question shall be determined by a majority of votes.
5. The supplier to whom the proposal under consideration by the Panel relates shall not have the right
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to be heard by the Panel, whether in person or by counsel, unless the Panel in its absolute discretion
otherwise allows.
6. A member of the Panel shall declare to the Minister, or any other person authorised by the Minister,
the nature and extent of all conflicts of interest or potential conflicts of interest, if any, with his duties or
interests as a member of the Panel arising from —
(a)
his holding of any office;
(b)
his interest in any contract;
(c)
his possession or ownership of any property;
(d)
any direct or indirect relationship with a supplier or consumer affected by a proposal referred
to in section 10(5)(a); or
(e)
his connection or association with any trade or consumer body.
7. Where the Minister, or any other person authorised by the Minister, is satisfied that a member of
the Panel is unable to carry out his duties properly and effectively because of any conflict of interest or
potential conflict of interest referred to in paragraph 6, the Minister may replace that member or direct
that member to abstain from taking part in any proceedings relating to any matter affected by his conflict
of interest or potential conflict of interest.
8. In the event that the Chairman is unable, by reason of illness, leave of absence or any other cause,
to exercise any of the functions of his office, the Deputy Chairman shall exercise those functions.
FOURTH SCHEDULE
Section 12(8)
MODIFICATIONS TO PROVISIONS OF LIMITATION ACT
1. In the case of an action under section 6, subsection (1) of section 24 of the Limitation Act (Cap.
163) shall be replaced by the following subsection:
“(1) If, on the date from which the period of limitation begins to run, the person to whom an action under
section 6 of the Consumer Protection (Fair Trading) Act 2003 accrued was under a disability, the action
may be brought at any time before the expiration of one year from the date when the person ceased to be
under a disability or died, whichever event first occurred, notwithstanding that the period of limitation
has expired.”.
2. In the case of an action under section 8(6), subsection (1) of section 24 of the Limitation Act (Cap.
163) shall be replaced by the following subsection:
“(1) If, on the date from which the period of limitation begins to run, the person to whom an action under
section 8(6) of the Consumer Protection (Fair Trading) Act 2003 accrued was under a disability, the
action may be brought at any time before the expiration of one year from the date when the person ceased
to be under a disability or died, whichever event first occurred, notwithstanding that the period of
limitation has expired.”.
3. In the case of an action under any regulations made under section 11, subsection (1) of section 24
of the Limitation Act shall be replaced by the following subsection:
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“(1) If, on the date from which the period of limitation begins to run, the person to whom an action under
any regulations made under section 11 of the Consumer Protection (Fair Trading) Act 2003 accrued was
under a disability, the action may be brought at any time before the expiration of one year from the date
when the person ceased to be under a disability or died, whichever event first occurred, notwithstanding
that the period of limitation has expired.”.
4. Sections 24A, 24B and 24C of the Limitation Act shall not apply to actions under this Act.