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Non-compliance with Part 4 Direction or Remedial Order an
offence
27.—(1) A person to whom a Part 4 Direction or Remedial Order is
issued and served and who, without reasonable excuse, fails to
comply with the Direction or Order whether in or outside Singapore,
shall be guilty of an offence and shall be liable on conviction —
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(a) in the case of an individual, to a fine not exceeding $20,000
or to imprisonment for a term not exceeding 12 months or
to both; or
(b) in any other case, to a fine not exceeding $1 million,
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and, in the case of a continuing offence, to a further fine not
exceeding $100,000 for every day or part of a day during which the
offence continues after conviction.
(2) To avoid doubt, a person does not fail to comply with a Targeted
Correction Direction, Disabling Direction or General Correction
Direction merely by failing to comply with section 24(1).
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(3) It is not a defence to a charge under subsection (1) that —
(a) the person is subject to a duty under any written law, any
rule of law, any contract or any rule of professional
conduct, that prevents the person from complying with any
part of a Part 4 Direction or Remedial Order or restricts the
person in such compliance; or
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(b) the person has applied under section 31 to vary or cancel
the Direction or Order or has appealed to the High Court
against the Direction.
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(4) No civil or criminal liability is incurred by a person or an
officer, employee or agent of the person, for doing or omitting to do
any act, if the act is done or omitted to be done with reasonable care
and in good faith and for the purpose of complying with or giving
effect to the Part 4 Direction or Remedial Order.
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(5) In determining whether a person charged with an offence under
subsection (1) has a reasonable excuse for failing to comply with a
Part 4 Direction or Remedial Order, the court must consider —
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