Page:Workplace Safety and Health Act 2006.pdf/51

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WORKPLACE SAFETY AND HEALTH
49


(a) the offence was committed without his consent or connivance; and
(b) he had exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

(5) In this section—

“body corporate” includes a limited liability partnership;
“officer”—
(a) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; and
(b) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.

(6) The regulations may provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.

Arrest of person accused of offence under section 15(3) or 21(7)

49.—(1) Any person reasonably suspected of having committed an offence under section 15(3) or 21(7) may be arrested without warrant by any police officer or by any inspector authorised by the Commissioner in that behalf and produced before a Magistrate’s Court or a District Court.

(2) Notwithstanding any other written law, any police officer or inspector who, having effected an arrest in accordance with subsection (1), is satisfied as to the identity, name and place of residence of the person arrested may, instead of producing the person before a court or to a police station, serve upon the person a prescribed notice requiring the