Statute Details
- Title: Online Criminal Harms (Reconsideration Application and Appeal Fee) Regulations 2024
- Act Code: OCHA2023-S44-2024
- Legislation Type: Subsidiary legislation (SL)
- Enacting Authority: Minister for Home Affairs
- Authorising Act: Online Criminal Harms Act 2023 (power under section 60)
- Citation: S 44/2024
- Commencement: 1 February 2024
- Status: Current version as at 27 Mar 2026
- Key Provisions: Regulation 3 (making reconsideration application); Regulation 4 (further particulars); Regulation 5 (failure to comply); Regulation 6 (notification of decision); Regulation 7 (withdrawal); Regulation 8 (service); Regulation 9 (appeal fee)
What Is This Legislation About?
The Online Criminal Harms (Reconsideration Application and Appeal Fee) Regulations 2024 (“OCHA Reconsideration Regulations”) set out the procedural rules for people who want to ask for a reconsideration of certain directions or orders made under the Online Criminal Harms Act 2023 (“OCHA Act”). In practical terms, the Regulations explain how an affected person must file a reconsideration application, what information must be provided, how the authority may request further details, and what happens if deadlines or procedural requirements are not met.
The Regulations also prescribe the administrative fee payable when a reconsideration outcome is appealed to the Reviewing Tribunal. This is important for practitioners because it affects both the cost-benefit analysis of pursuing an appeal and the administrative steps that must be completed before the tribunal can hear the matter.
Although the Regulations are “procedural” in nature, they are legally significant. Many reconsideration applications will turn not only on the merits of the grounds asserted, but also on whether the application was properly made online, within time, in the required form, and supported by the information and documents the reconsideration authority requests. The Regulations therefore operate as a gatekeeping framework: they empower the reconsideration authority to refuse incomplete applications and to disregard late submissions.
What Are the Key Provisions?
1. Definitions and the scope of reconsideration
Regulation 2 defines the key terms used throughout the Regulations. Of particular relevance are the definitions of “reconsideration application”, “reconsideration authority”, and “contact address”. A “reconsideration application” covers applications for reconsideration of (i) a Part 2 direction under section 16 of the OCHA Act, or (ii) a Part 6 order under section 35 of the OCHA Act. This matters because the identity of the reconsideration authority differs depending on the type of instrument being reconsidered: a designated officer for Part 2 directions, and the competent authority for Part 6 orders.
The Regulations also define “working day” (excluding Saturdays, Sundays, and public holidays). This definition is used to calculate time when a deadline falls on a non-working day.
2. How to make a reconsideration application (Regulation 3)
Regulation 3 is the core procedural provision. It requires that every reconsideration application:
- Must be made online at https://go.gov.sg/ocha-reconsideration using the form set out on that website.
- Must be made within the time limit delimited by section 16(2)(b) or section 35(2)(b) of the OCHA Act (depending on whether the target is a Part 2 direction or Part 6 order).
- Must state identity and contact information for the appellant and, if applicable, the appellant’s authorised representative (including advocate and solicitor or other legal representative).
- Must include a “contact address” for service of documents, which can include a residential address (for individuals), business address, an email address, and “chosen means of notification/access”.
- Must specify the remedy sought—either cancellation or substitution of the relevant direction/order.
- Must contain a concise statement of grounds supporting the request for cancellation or substitution.
Practitioners should note the emphasis on form and method. The Regulations require online filing in the prescribed form. However, Regulation 3(2) provides a limited flexibility: where strict compliance with the form is not possible, the reconsideration authority may allow modifications or alternative compliance “in any other manner” the authority thinks fit. This discretion can be crucial where an appellant cannot provide certain details in the exact format but can still substantively comply.
3. Powers to request further and better particulars (Regulation 4)
Regulation 4 empowers the reconsideration authority to request additional information or documents to decide the application. Specifically, the authority may require the appellant (or authorised representative) to:
- Give additional information within the time specified in the request; and/or
- Produce documents, records, or other things within the time specified, that are in the appellant’s custody or control.
In addition, the authority may make any inquiries it considers necessary. This is an important practitioner point: the reconsideration process is not purely adversarial. The authority has an investigative element and can seek information beyond what the appellant initially provides.
4. Consequences of non-compliance and late submissions (Regulation 5)
Regulation 5 contains the Regulations’ most consequential “procedural sanctions”. The reconsideration authority may refuse a reconsideration application if:
- It is incomplete or not made in accordance with the Regulations; or
- The appellant fails to comply with the authority’s request for information or documents under Regulation 4(1).
Regulation 5(2) further provides that the authority may disregard information and documents submitted after the expiry of the time limit for giving them. This means that late submissions are not automatically considered. For legal representatives, the practical implication is clear: once the authority issues a request, counsel should treat the specified deadline as critical and ensure that any supporting materials are prepared and submitted in time.
5. Notification of decision and withdrawal (Regulations 6 and 7)
Under Regulation 6, once the reconsideration authority makes a decision under section 17(1) (for Part 2 directions) or section 36(1) (for Part 6 orders) of the OCHA Act, it must “without delay” give written notice of the decision to the appellant and to the recipient of the direction/order if that recipient is not the appellant. This ensures procedural fairness and transparency.
Regulation 7 allows the appellant to withdraw the reconsideration application at any time before the authority makes its decision. This can be strategically relevant where the appellant resolves the underlying issues, decides not to pursue the matter, or wishes to avoid further costs or exposure.
6. Service of documents (Regulation 8)
Regulation 8 governs how documents are served in relation to reconsideration applications. Service may be effected:
- At or by means of the contact address provided under Regulation 3(1)(c)(iii); or
- If there is no effective contact address, by any other means provided under section 45 of the OCHA Act that applies to the relevant direction/order.
For practitioners, this provision underscores the importance of providing an effective contact address. If the appellant’s chosen means of notification/access is not effective, service may shift to other statutory mechanisms, potentially affecting timelines for subsequent steps (including appeals).
7. Appeal fee to the Reviewing Tribunal (Regulation 9)
Regulation 9 prescribes a $200 fee for each appeal to the Reviewing Tribunal under section 18 or 37 of the OCHA Act. It also empowers the Secretary to the Reviewing Tribunals to reduce, waive, or refund the administrative fee on terms and conditions the Secretary considers fit, including in whole or in part.
This fee provision is particularly relevant for counsel advising clients on whether to appeal. Even where the merits are arguable, the administrative fee and the availability of waiver/refund mechanisms may influence the decision to proceed.
How Is This Legislation Structured?
The OCHA Reconsideration Regulations are structured as a short set of nine regulations, each addressing a specific stage of the reconsideration and appeal process:
- Regulation 1 sets out the citation and commencement date (1 February 2024).
- Regulation 2 provides definitions, including key terms such as “reconsideration application”, “reconsideration authority”, and “contact address”.
- Regulation 3 explains how to make a reconsideration application (online filing, time limits, required contents, and flexibility where strict form compliance is not possible).
- Regulation 4 grants the authority powers to request further information and documents and to make inquiries.
- Regulation 5 sets out refusal and disregard consequences for incomplete applications, non-compliance with requests, and late submissions.
- Regulation 6 requires written notification of the decision “without delay”.
- Regulation 7 permits withdrawal before a decision is made.
- Regulation 8 governs service of documents using the contact address or alternative statutory service methods.
- Regulation 9 prescribes the $200 appeal fee and provides for possible reduction/waiver/refund by the Secretary.
Who Does This Legislation Apply To?
The Regulations apply to persons seeking reconsideration of certain instruments issued under the OCHA Act—specifically, Part 2 directions under section 16 and Part 6 orders under section 35. These persons are “appellants” for the purposes of the Regulations.
They also apply to the reconsideration authority (a designated officer or competent authority, depending on the instrument) and to any authorised representatives acting for appellants, including advocates and solicitors. In practice, the procedural requirements will be handled by counsel, but the appellant remains responsible for ensuring that the application is properly made, within time, and that required information and documents are provided when requested.
Why Is This Legislation Important?
For practitioners, the OCHA Reconsideration Regulations are important because they operationalise the reconsideration mechanism under the OCHA Act. They translate statutory rights into a concrete filing and evidence process. The Regulations’ strict approach to completeness, compliance with requests, and late submissions means that procedural missteps can undermine substantive arguments.
In particular, Regulation 5’s refusal and disregard powers create a strong incentive for counsel to: (i) file in the correct online form; (ii) meet statutory time limits; (iii) provide a concise but sufficiently grounded statement of grounds; and (iv) respond promptly and comprehensively to any request for further particulars or documents. Because the authority may disregard late materials, counsel should plan document collection and internal review well before deadlines.
Finally, Regulation 9’s appeal fee provision affects strategic decision-making. While the fee is relatively modest, it is still a cost item that may matter for clients. The possibility of reduction, waiver, or refund provides a safety valve, but it is discretionary and subject to the Secretary’s terms and conditions under the related Reviewing Tribunals rules.
Related Legislation
- Online Criminal Harms Act 2023 (including sections 16, 17, 18, 35, 36, 37, 45, and the authorising power in section 60)
- Online Criminal Harms (Reviewing Tribunals) Rules 2024 (G.N. No. S 43/2024), including rule 12(b) referenced for fee waiver/reduction/refund
Source Documents
This article provides an overview of the Online Criminal Harms (Reconsideration Application and Appeal Fee) Regulations 2024 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.