# legal_provisions

document_id: fssa-2025
provision_ref: s352
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 352
title: Deletion of Part 9
content:
352. In the Environmental Public Health Act 1987, delete Part 9. Amendment of section 82 353. In the Environmental Public Health Act 1987, in section 82(3), replace “Director‑General, Food Administration” with “Singapore Food Agency”.


document_id: fssa-2025
provision_ref: s354
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 354
title: Amendment of section 84A
content:
354. In the Environmental Public Health Act 1987, in section 84A — ( a ) in the section heading, delete “ or 9 ”; ( b ) in subsections (1) and (5), replace “Director‑General, Food Administration made under Part 4 or 9” with “Singapore Food Agency made under Part 4”; ( c ) in subsection (2)( a ) and ( b ), replace “Director‑General, Food Administration” with “Singapore Food Agency”; and ( d ) in subsection (2), replace paragraph ( c ) with — “ ( c ) substitute or vary the notice, order or decision appealed against and make any notice, order or decision which the Singapore Food Agency is competent to make under Part 4. ”.


document_id: fssa-2025
provision_ref: s355
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 355
title: Amendment of section 91
content:
355. In the Environmental Public Health Act 1987, in section 91(1), delete “or 80A”. Amendment of section 99 356. In the Environmental Public Health Act 1987, in section 99 — ( a ) in subsection (3), after “under subsection (2)”, insert “or is disqualified under section 35A”; ( b ) in subsection (18), replace “Parts 4 and 9 by the Director‑General, Food Administration” with “Part 4 by the Singapore Food Agency”; ( c ) in subsection (18)( b ), replace “Director‑General, Food Administration” with “Singapore Food Agency”; and ( d ) in subsection (18)( e ), replace “Parts 4 and 9” with “Part 4”.


document_id: fssa-2025
provision_ref: s357
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 357
title: Amendment of section 108A
content:
357. In the Environmental Public Health Act 1987, in section 108A — ( a ) replace “Parts 4 and 9 by the Director‑General, Food Administration” with “Part 4 by the Singapore Food Agency”; ( b ) in paragraph ( a ), replace “Director‑General, Food Administration” with “Singapore Food Agency”; and ( c ) in paragraph ( d ), replace “Parts 4 and 9” with “Part 4”.


document_id: fssa-2025
provision_ref: s358
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 358
title: Amendment of section 110
content:
358. In the Environmental Public Health Act 1987, in section 110 — ( a ) in subsection (1), replace “Parts 4 and 9” with “Part 4”; and ( b ) in subsection (2), delete “or 9”.


document_id: fssa-2025
provision_ref: s359
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 359
title: Amendment of section 111
content:
359. In the Environmental Public Health Act 1987, in section 111(4), replace “sections 42A and 80A” with “section 42A”. Deletion of First Schedule 360. In the Environmental Public Health Act 1987, delete the First Schedule. Division 6 &#x2014; Feeding Stuffs Act 1965


document_id: fssa-2025
provision_ref: s361
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 361
title: Amendment of long title
content:
361. In the Feeding Stuffs Act 1965, in the long title, after “for animals and birds”, insert “which are not food producing animals”.


document_id: fssa-2025
provision_ref: s362
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 362
title: Amendment of section 1
content:
362. In the Feeding Stuffs Act 1965, in section 1, after “Feeding Stuffs”, insert “(Pets and Non‑food Producing Animals)”.


document_id: fssa-2025
provision_ref: s363
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 363
title: Amendment of section 2
content:
363. —(1) In the Feeding Stuffs Act 1965, in section 2 — ( a ) after the definition of “authorised officer”, insert — “ “Board” means the National Parks Board established by the repealed National Parks Act (Cap. 198A, 1991 Revised Edition) as in force before 1 July 1996 and continued by section 3 of the National Parks Board Act 1996; ”; ( b ) replace the definition of “Director‑General” with — “ “Director‑General” has the meaning given by section 3(1) of the Food Safety and Security Act 2025; ”; and ( c ) after the definition of “feed concentrate”, insert — “ “food producing animal” has the meaning given by section 3(1) of the Food Safety and Security Act 2025; ”. (2) In the Feeding Stuffs Act 1965, in section 2 (as amended by subsection (1)) — ( a ) delete the definitions of “Agency” and “simple feed”; ( b ) in the definition of “animal feed”, after “feeding of animals”, insert “which are not food producing animals”; and ( c ) replace the definition of “Director‑General” with — “ “Director‑General” means the Director‑General, Animal Health and Welfare appointed under section 3(1) of the Animals and Birds Act 1965; ”.


document_id: fssa-2025
provision_ref: s364
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 364
title: New section 2A
content:
364. —(1) In the Feeding Stuffs Act 1965, after section 2, insert — “ Disapplying to animal feed for food producing animals 2A. Sections 4(1)( b ) and (4)( b ), 5 and 7 do not apply to or in relation to animal feed which is intended to be fed directly to any food producing animal. ”. (2) In the Feeding Stuffs Act 1965, in section 2A (as inserted by subsection (1)), replace “Sections 4(1)( b ) and (4)( b ), 5 and 7 do” with “This Act does”.


document_id: fssa-2025
provision_ref: s366
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 366
title: Amendment of section 4
content:
366. —(1) In the Feeding Stuffs Act 1965, in section 4 — ( a ) replace subsection (1) with — “ (1) The Director‑General may issue a licence to any person — ( a ) to import any simple feeds, feed concentrates or compound feeds; or ( b ) to manufacture or process for sale any feed concentrates or compound feeds, upon an application made in the prescribed form and the payment of such fees as may be prescribed. ”; and ( b ) replace subsection (4) with — “ (4) A person must not — ( a ) import any simple feeds, feed concentrates or compound feeds; or ( b ) manufacture or process for sale any feed concentrates or compound feeds, without a licence issued under subsection (1). ”. (2) In the Feeding Stuffs Act 1965, in section 4 (as amended by subsection (1)) — ( a ) replace subsection (1) with — “ (1) The Director‑General may issue a licence to any person to manufacture or process for sale any feed concentrates or compound feeds, upon an application made in the prescribed form and the payment of such fees as may be prescribed. ”; and ( b ) replace subsection (4) with — “ (4) A person must not manufacture or process for sale any feed concentrates or compound feeds without a licence issued under subsection (1). ”.


document_id: fssa-2025
provision_ref: s368
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 368
title: Amendment of section 8
content:
368. In the Feeding Stuffs Act 1965, in section 8(1)( a ), replace “, processing for sale or sale of simple feeds,” with “or processing for sale of animal feed,”.


document_id: fssa-2025
provision_ref: s369
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 369
title: Amendment of section 9
content:
369. In the Feeding Stuffs Act 1965, in section 9 — ( a ) in the section heading, replace “ Agency ” with “ Board ”; and ( b ) replace “Agency” with “Board”.


document_id: fssa-2025
provision_ref: s370
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 370
title: Amendment of section 10
content:
370. In the Feeding Stuffs Act 1965, in section 10 — ( a ) in subsection (4), delete “simple feed,”; and ( b ) in subsection (6), delete “simple feeds,”.


document_id: fssa-2025
provision_ref: s371
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 371
title: Amendment of section 11
content:
371. —(1) In the Feeding Stuffs Act 1965, in section 11(2) — ( a ) replace paragraph ( a ) with — “ ( a ) the regulation and control of — (i) the import of any simple feeds, feed concentrates or compound feeds; or (ii) the manufacture or preparation of feed concentrates or compound feeds; ”; and ( b ) in paragraphs ( b ) and ( c ), delete “simple feeds,”. (2) In the Feeding Stuffs Act 1965, in section 11(2) (as amended by subsection (1)), replace paragraph ( a ) with — “ ( a ) the regulation and control of the manufacture or preparation of feed concentrates or compound feeds; ”. Division 7 &#x2014; Fisheries Act 1966


document_id: fssa-2025
provision_ref: s372
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 372
title: Amendment of section 2
content:
372. In the Fisheries Act 1966, in section 2 — ( a ) in the definition of “Director‑General”, replace “section 3(1) of the Sale of Food Act 1973” with “section 277(1) of the Food Safety and Security Act 2025”; and ( b ) delete the definitions of “fish culturist” and “fish pond”.


document_id: fssa-2025
provision_ref: s374
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 374
title: Amendment of section 27
content:
374. In the Fisheries Act 1966, in section 27(2) — ( a ) in paragraph ( c ), delete “and of the cultivation of fish or any particular species of fish”; ( b ) in paragraph ( d ), delete “or persons involved in the cultivation of fish”; ( c ) in paragraph ( e ), delete “cultured,”; ( d ) in paragraph ( j ), delete “fish culturist or”; ( e ) delete paragraphs ( o ) and ( p ); and ( f ) in paragraph ( r ), delete “fish culturists,”. Division 8 &#x2014; Good Samaritan Food Donation Act 2024


document_id: fssa-2025
provision_ref: s375
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 375
title: Amendment of section 2
content:
375. In the Good Samaritan Food Donation Act 2024, in section 2 — ( a ) in the definition of “food”, replace “the Sale of Food Act 1973” with “section 4 of the Food Safety and Security Act 2025”; and ( b ) in the definitions of “unsafe” and “unsuitable”, replace “sections 2C and 2D of the Sale of Food Act 1973” with “sections 11 and 12 of the Food Safety and Security Act 2025”. Division 9 &#x2014; Infectious Diseases Act 1976


document_id: fssa-2025
provision_ref: s376
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 376
title: Amendment of section 2
content:
376. In the Infectious Diseases Act 1976, in section 2 — ( a ) in the definition of “appropriate Minister”, in paragraph ( a )(i), delete “or the Director‑General, Food Administration”; ( b ) delete the definition of “Director‑General, Food Administration”; and ( c ) in the definition of “Health Officer”, delete “, the Director‑General, Food Administration”.


document_id: fssa-2025
provision_ref: s377
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 377
title: Amendment of section 3
content:
377. In the Infectious Diseases Act 1976, in section 3 — ( a ) in subsection (2), replace “and the Director‑General, Food Administration are,” with “is”; ( b ) in subsection (3), delete “or the Director‑General, Food Administration”; and ( c ) in subsection (4), delete “or the Director‑General, Food Administration, as the case may be”.


document_id: fssa-2025
provision_ref: s378
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 378
title: Amendment of section 4
content:
378. In the Infectious Diseases Act 1976, in section 4(1), (1A) and (2), delete “, the Director‑General, Food Administration”.


document_id: fssa-2025
provision_ref: s379
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 379
title: Amendment of section 5
content:
379. In the Infectious Diseases Act 1976, in section 5, delete “, the Director‑General, Food Administration”.


document_id: fssa-2025
provision_ref: s380
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 380
title: Amendment of section 21I
content:
380. In the Infectious Diseases Act 1976, in section 21I(1), (2) and (3), delete “, the Director‑General, Food Administration”.


document_id: fssa-2025
provision_ref: s381
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 381
title: Amendment of section 29
content:
381. In the Infectious Diseases Act 1976, in section 29(1) and (2), delete “, the Director‑General, Food Administration” wherever it appears.


document_id: fssa-2025
provision_ref: s383
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 383
title: Amendment of section 42
content:
383. In the Infectious Diseases Act 1976, in section 42(1), (2), (3) and (4), delete “, the Director‑General, Food Administration”.


document_id: fssa-2025
provision_ref: s384
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 384
title: Amendment of section 44
content:
384. In the Infectious Diseases Act 1976, in section 44(1) and (2), delete “, the Director‑General, Food Administration”.


document_id: fssa-2025
provision_ref: s385
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 385
title: Amendment of section 55A
content:
385. In the Infectious Diseases Act 1976, in section 55A(1), delete “, the Director‑General, Food Administration” wherever it appears.


document_id: fssa-2025
provision_ref: s386
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 386
title: Amendment of section 57
content:
386. In the Infectious Diseases Act 1976, in section 57(1) and (2), delete “, the Director‑General, Food Administration”.


document_id: fssa-2025
provision_ref: s387
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 387
title: Amendment of section 63
content:
387. In the Infectious Diseases Act 1976, in section 63(1) and (2), delete “, the Director‑General, Food Administration” wherever it appears.


document_id: fssa-2025
provision_ref: s388
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 388
title: Amendment of section 67
content:
388. In the Infectious Diseases Act 1976, in section 67, delete “, the Director‑General, Food Administration”.


document_id: fssa-2025
provision_ref: s389
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 389
title: Amendment of section 68
content:
389. In the Infectious Diseases Act 1976, in section 68 — ( a ) in subsection (1), delete “or (3)”; ( b ) delete subsection (3); and ( c ) in subsection (4), replace “subsection (1), (2) or (3)” with “subsection (1) or (2)”. Division 10 &#x2014; National Parks Board Act 1996


document_id: fssa-2025
provision_ref: s390
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 390
title: Amendment of section 2
content:
390. In the National Parks Board Act 1996, in section 2, replace the definition of “animal‑related services” with — “ “animal‑related services” includes any of the following activities: ( a ) bathing, grooming or clipping of animals; ( b ) treatment, vaccination or inoculation of animals; ( c ) providing accommodation or boarding to or training of animals; ( d ) exhibiting (whether or not for sale) of animals; ( e ) trapping, restraining or immobilising animals, but excludes any of those activities if involving a food producing animal within the meaning of the Food Safety and Security Act 2025; ”. Division 11 &#x2014; Sale of Food Act 1973


document_id: fssa-2025
provision_ref: s391
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 391
title: Amendment of section 10L
content:
391. In the Sale of Food Act 1973, in section 10L — ( a ) replace paragraph ( e ) with — “ ( e ) the Feeding Stuffs (Pets and Non‑food Producing Animals) Act 1965; ”; and ( b ) after paragraph ( f ), insert — “ ( fa ) the Food Safety and Security Act 2025; ”. Deletion of provisions relating to food safety offences 392. In the Sale of Food Act 1973 — ( a ) delete Parts 3 and 5; ( b ) delete sections 23, 31, 32, 33, 34 and 43; ( c ) in section 40(1), replace “, advertising or sale” with “or advertising”; ( d ) in section 40(2), replace “, advertise or sell” with “or advertise”; ( e ) in section 40(4), replace “Without affecting section 32, in” with “In”; ( f ) in section 56(1), delete paragraphs ( a ), ( b ), ( c ), ( d ), ( e ), ( i ), ( j ), ( l ) and ( o ); and ( g ) in section 56(1), replace paragraph ( m ) with — “ ( m ) to prohibit or regulate the import of separated or skimmed milk or filled milk or whey; ”. Deletion of provisions relating to food safety measures 393. In the Sale of Food Act 1973 — ( a ) in section 2, in the definition of “requirement of this Act”, in paragraph ( c ), insert “or” at the end; ( b ) in section 2, in the definition of “requirement of this Act”, delete paragraph ( d ); ( c ) in section 2, delete the definitions of “unsafe” and “unsuitable”; ( d ) delete sections 2C and 2D; ( e ) delete Part 2A; and ( f ) in section 45(1), replace “sections 10J and 46(14)” with “section 46(14)”. Deletion of provisions relating to marketing and public health promotion 394. In the Sale of Food Act 1973 — ( a ) in section 40(1) (as amended by section 392), delete “or advertising”; ( b ) in section 40(2) (as amended by section 392), delete “or advertise”; ( c ) in section 56(1), replace paragraph ( k ) with — “ ( k ) prohibiting or regulating the promotion or advertising of food or food contact articles other than for the purpose of public health; ”; and ( d ) in section 56(1), delete paragraph ( n ). Repeal 395. Repeal the Sale of Food Act 1973. Division 12 &#x2014; Singapore Food Agency Act 2019


document_id: fssa-2025
provision_ref: s396
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 396
title: Amendment of section 2
content:
396. In the Singapore Food Agency Act 2019, in section 2 — ( a ) delete the definition of “animal”; ( b ) after the definition of “Deputy Chairperson”, insert — “ “Director‑General, Food Security” has the meaning given by section 3(1) of the Food Safety and Security Act 2025; ”; ( c ) in the definition of “food”, replace “section 2A of the Sale of Food Act 1973” with “section 4 of the Food Safety and Security Act 2025”; ( d ) in the definition of “food business”, replace “section 2B of the Sale of Food Act 1973” with “section 5 of the Food Safety and Security Act 2025”; ( e ) in the definition of “food industry”, in paragraph ( b ), replace sub‑paragraph (i) with — “ (i) any primary production activity; ”; ( f ) in the definition of “food industry”, in paragraph ( b )(ii), replace “the supply of food” with “the food supply chain”; and ( g ) replace the definitions of “primary produce” and “production of primary produce” with — “ “primary production activity” has the meaning given by section 15 of the Food Safety and Security Act 2025; ”.


document_id: fssa-2025
provision_ref: s397
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 397
title: Amendment of section 5
content:
397. In the Singapore Food Agency Act 2019, in section 5 — ( a ) in subsection (1), replace paragraph ( a ) with — “ ( a ) to regulate the primary production activities and the production of animal feed to ensure the safety and resilience of food supply; ”; ( b ) in subsection (1)( b ), ( d ), ( e ) and ( g ), replace “support regulation of” with “regulate”; ( c ) in subsection (1)( h ), replace “food supply resilience” with “food supply chain resilience and food security in Singapore”; ( d ) in subsection (1), after paragraph ( h ), insert — “ ( ha ) to support the Government’s ability to maintain a minimum quantity of stocks of certain foods and agri‑food production inputs in Singapore to ensure food security in Singapore by undertaking, as an agent of the Government, the procurement, holding, distribution and disposal of those foods and agri‑food production inputs; ( hb ) to support the Director‑General, Food Security in the administration of Part 2 of the Food Safety and Security Act 2025 and the minimum stockholding requirement for the holding in Singapore of a minimum quantity of stocks of certain foods and agri‑food production inputs in Singapore; ( hc ) to act as an agent of the Government in the collection and recovery of any MSR charge (as defined in section 3(1) of the Food Safety and Security Act 2025) payable under Part 2 of that Act; ( hd ) to prevent or reduce the impact of disruptions in the food supply chain on food security in Singapore; ( he ) to increase production of primary produce on a sustainable basis in Singapore so as to contribute to food security in Singapore; ”; ( e ) in subsection (1)( l ) and ( m ), replace “food supply” with “food security in Singapore”; ( f ) in subsection (1)( n ) and ( p ), after “food safety,”, insert “food security in Singapore,”; and ( g ) in subsection (2), replace paragraph ( b ) with — “ ( b ) the food security factors and the need to enhance resilience of the agri‑food supply chain for Singapore; ”.


document_id: fssa-2025
provision_ref: s398
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 398
title: Amendment of section 6
content:
398. In the Singapore Food Agency Act 2019, in section 6(2), replace paragraph ( a ) with — “ ( a ) to enter into contracts, agreements or arrangements — (i) for itself; or (ii) for the Government, in order for the Government or the Agency to maintain a minimum quantity of stocks of certain foods and agri‑food production inputs in Singapore or to otherwise ensure food security in Singapore; ( aa ) to manage and administer contracts, agreements or arrangements mentioned in paragraph ( a )(ii) to which the Government is party so as to ensure that contractual obligations and activities are performed by all parties to the contract; ”. Division 13 &#x2014; Weights and Measures Act 1975


document_id: fssa-2025
provision_ref: s399
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 399
title: Amendment of section 2
content:
399. In the Weights and Measures Act 1975, in section 2(1), in the definition of “food”, replace “the Sale of Food Act 1973” with “section 4 of the Food Safety and Security Act 2025”. Division 14 &#x2014; Wholesome Meat and Fish Act 1999


document_id: fssa-2025
provision_ref: s400
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 400
title: Amendment relating to misleading labels
content:
400. In the Wholesome Meat and Fish Act 1999, in section 23(1)( f ), delete “or which has been labelled with any information that is false, inaccurate or misleading”.


document_id: fssa-2025
provision_ref: s401
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 401
title: Amendment relating to product unfit for human consumption
content:
401. In the Wholesome Meat and Fish Act 1999, in section 23(1)( h ), delete “diseased, adulterated or unfit for human consumption or which is otherwise”.


document_id: fssa-2025
provision_ref: s402
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 402
title: Validation
content:
402. —(1) Every amount collected as, or purportedly as — ( a ) a fee for a permit under the Wholesome Meat and Fish Act 1999 to import frozen, chilled or processed meat products; ( b ) an application fee for a licence under the Wholesome Meat and Fish Act 1999 to operate a slaughterhouse, a meat or fish processing establishment or a cold store; ( c ) an application fee for a licence under the Sale of Food Act 1973 to carry on a non‑retail food business in the form of operating a food processing establishment; or ( d ) a fee for the issue by the Agency (or its predecessor) of a certificate relating to any food or animal feed intended for export to a foreign country, attesting to matters in respect of which the foreign country requires certification before the food or animal feed may be imported into that foreign country from Singapore, shall be, and taken to always to have been, by force of this section, validly collected, and no legal proceedings shall lie or be instituted on or after 12 November 2024 in any court on account of or in respect of any such collection or payment of the amount. (2) No legal proceedings shall lie or be instituted on or after 12 November 2024 in any court on account of or in respect of any collection or payment of any amount mentioned in subsection (1). (3) However, nothing in subsections (1) and (2) applies to, or may be construed to affect — ( a ) any decision or judgment issued by any court given before 12 November 2024; or ( b ) any proceedings before any court commenced before 12 November 2024, in relation to the liability of any person to pay any sum mentioned in subsection (1).


document_id: fssa-2025
provision_ref: s404
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 404
title: New section 9A
content:
404. In the Wildlife Act 1965, after section 9, insert — “ Freeze on written approval to import 9A. —(1) This section applies for the period of time where a directive made under section 70 of the Food Safety and Security Act 2025 is in force, banning the import of any live food producing animal of a particular kind from a particular country or place outside Singapore (called the freeze period). (2) During the freeze period of a directive made under section 70 of the Food Safety and Security Act 2025, the Director‑General — ( a ) must not grant under section 9 any written approval that is for the import of any living wildlife if the written approval authorises an import that would be inconsistent with the directive; and ( b ) may cancel or suspend any written approval granted under section 9 for the import during the freeze period of any living wildlife that is inconsistent with the directive. (3) Before exercising any powers under subsection (2)( b ), the Director‑General must give notice to the holder of the written approval concerned — ( a ) stating that the Director‑General proposes to cancel or suspend the written approval in the manner as specified in the notice; and ( b ) specifying the time (being not less than 3 days starting the date of service of notice on such holder) within which written representations may be made to the Director‑General with respect to the proposed cancellation or suspension of the written approval, as the case may be. (4) Upon receipt of any written representation referred to in subsection (3)( b ), the Director‑General must consider the written representation and may — ( a ) reject the written representation; ( b ) decline to cancel or suspend the written approval; or ( c ) suspend the written approval in lieu of cancelling it, and, in any event, the Director‑General must give written notice to that holder of the written approval of his or her decision. ”. Division 16 &#x2014; Saving and transitional


document_id: fssa-2025
provision_ref: s405
chapter: PART 17 - AMENDMENTS TO OTHER ACTS AND
section: 405
title: Saving and transitional provisions
content:
405. —(1) The Second Schedule has effect. (2) For a period of 2 years after the commencement of this section, the Minister may, by order in the Gazette , amend the Second Schedule by prescribing any additional provisions of a saving or transitional nature consequent on the enactment of any section in this Act that the Minister may consider necessary or expedient. (3) Nothing in this section or the Second Schedule affects section 16 of the Interpretation Act 1965.


document_id: ftza-1966
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “air cargo agent” means a person who carries on a business that includes handling goods, to be passed to or received from an operator of an aircraft or its representative, for carriage in the aircraft; [Act 33 of 2023 wef 01/03/2024] “aircraft” means an aircraft of any description which may be used for the conveyance of persons or goods by air; [Act 33 of 2023 wef 01/03/2024] [ Deleted by Act 33 of 2023 wef 25/11/2024 ] [ Deleted by Act 33 of 2023 wef 01/03/2024 ] “conveyance” includes any vessel, train, vehicle or aircraft in which persons or goods can be carried; [Act 33 of 2023 wef 01/03/2024] “customs duty” means any customs duty or excise duty imposed under the Customs Act 1960; [Act 33 of 2023 wef 01/03/2024] “customs territory” means Singapore and the territorial waters of Singapore but excluding any free trade zone; “Director-General” means the Director‑General of Customs appointed under section 4(1) of the Customs Act 1960; “dutiable goods” means any goods subject to the payment of customs duty on entry into customs territory or manufactured in Singapore including any free trade zone and on which customs duty has not been paid and includes goods manufactured in a free trade zone from materials of a class dutiable on entry into customs territory for consumption within the customs territory; “free trade zone” means any area declared to be a free trade zone under section 3(1); “free trade zone cargo handler” or “FTZ cargo handler”, in relation to a free trade zone — ( a ) means a person providing any service or facility for the storing, processing or handling of goods at the free trade zone, for any goods being brought into or out of Singapore; and ( b ) includes an FTZ operator of the free trade zone that provides any such service or facility; [Act 33 of 2023 wef 01/03/2024] “free trade zone operator” or “FTZ operator”, in relation to a free trade zone, means the person who administers, maintains and operates the free trade zone; [Act 33 of 2023 wef 01/03/2024] “free trade zone operator licence” or “FTZ operator licence” means a free trade zone operator licence granted under section 14C to administer, maintain and operate a free trade zone specified in the licence; [Act 33 of 2023 wef 01/03/2024] “goods” includes animals, birds, fish, plants and all kinds of movable property; “licensed FTZ operator” means an FTZ operator holding a valid free trade zone operator licence; [Act 33 of 2023 wef 01/03/2024] “manufacture”, with its grammatical variations and cognate expressions, means the process of converting materials into a new product or article, whether or not by power-operated machinery, whereby a change in tariff classification has been effected; except that the Director-General may, in his discretion, determine that the result of any manufacture is not a new product or article and a change in tariff classification has not been effected; “officer of customs”, “proper officer of customs” and “senior officer of customs” have the same meanings as in the Customs Act 1960; [Act 33 of 2023 wef 01/03/2024] “shipping agent” means a person who carries on a business that includes handling goods, to be passed to or received from an operator of a vessel or its representative, for carriage in the vessel; [Act 33 of 2023 wef 01/03/2024] “tax” means goods and services tax under section 8(4) of the Goods and Services Tax Act 1993; [Act 33 of 2023 wef 01/03/2024] “taxable goods” means any goods (including any goods manufactured in a free trade zone) subject to the payment of tax on entry into customs territory pursuant to section 8(4) of the Goods and Services Tax Act 1993, and on which such tax has not been paid; [Act 33 of 2023 wef 01/03/2024] “vessel” includes any ship or boat or other description of vessel used in navigation by sea. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Declaration of free trade zones
content:
3. —(1) The Minister may, by notification in the Gazette , declare any area in Singapore to be a free trade zone and every such notification shall define the limits of that free trade zone. [Act 33 of 2023 wef 25/11/2024] (2) [ Deleted by Act 33 of 2023 wef 25/11/2024 ]


document_id: ftza-1966
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Power of Director-General to administer Act, etc.
content:
4. —(1) The Director-General is responsible for the administration of this Act, subject to the general or special directions of the Minister. (2) Subject to the general direction and supervision of the Director-General, the Deputy Directors-General of Customs and Assistant Directors-General of Customs appointed under section 4(2) of the Customs Act 1960 have and may exercise all the powers conferred on the Director-General by this Act. (3) The Director-General may confer on any senior officer of customs appointed under section 4(4) of the Customs Act 1960 all or any of the powers conferred on the Director-General by this Act (except under this subsection), subject to any conditions or restrictions that the Director-General thinks fit. (4) The Director-General may confer on any officer of customs all or any of the powers of a senior officer of customs under this Act. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s5
chapter: PART 2 - OPERATIONS PERMITTED WITHIN FREE TRADE ZONE
section: 5
title: Dealing with or disposal of goods in free trade zone
content:
5. —(1) Goods of any description, except such as are specifically and absolutely prohibited by any written law, may be brought into a free trade zone. (2) Goods in a free trade zone may — ( a ) be removed from the free trade zone, destroyed, or sent into customs territory or into another free trade zone in the original package or otherwise; and ( b ) unless otherwise directed by the licensed FTZ operator of the free trade zone, be stored, sold, exhibited, broken up, repacked, assembled, distributed, sorted, graded, cleaned, mixed, or otherwise manipulated, or be manufactured in accordance with the provisions of this Act, except that when any goods of a class dutiable on entry into customs territory whether in their original condition or after manufacture or as part or ingredient of any goods manufactured in a free trade zone are sent from a free trade zone into the customs territory, the goods shall be subject to the provisions of the Customs Act 1960. [Act 33 of 2023 wef 01/03/2024] [Act 33 of 2023 wef 25/11/2024] (3) Goods, except such as are prescribed under subsection (4), which have been brought into a free trade zone from customs territory shall be deemed to be exported for the purpose of drawback under the Customs Act 1960. (4) Subsection (2)( b ) shall not apply to such goods as may be prescribed from time to time by the Minister by notification in the Gazette , save that such prescribed goods may be stored in a free trade zone for the purpose of transhipment or survey and repacking before removal into customs territory, and that such survey and repacking shall not be carried out except with the prior permission of a senior officer of customs and shall be subject to such conditions as he may think fit to impose.


document_id: ftza-1966
provision_ref: s6
chapter: PART 2 - OPERATIONS PERMITTED WITHIN FREE TRADE ZONE
section: 6
title: Manipulation or manufacture in free trade zone
content:
6. —(1) Any person who intends to do any of the following in a free trade zone must give the Director-General written notice of the intention and obtain the Director-General’s prior written permission to do so: ( a ) assemble, mix or otherwise manipulate any goods for entry into customs territory, where any goods or materials used in the assembly, mixing or manipulation are dutiable goods; ( b ) manufacture any goods. [Act 33 of 2023 wef 01/03/2024] (2) Permission under subsection (1) shall be granted or withheld as the Director‑General in his discretion shall think fit. [Act 33 of 2023 wef 01/03/2024] (3) Subject to subsection (4), any manipulation or manufacture permitted under this section shall be subject to the regulations made under this Act and to such conditions as the Director‑General may think fit to impose. (4) The Director-General may, in his discretion, give an allowance for recoverable and irrecoverable waste, but if recoverable waste is sent into customs territory, the recoverable waste is subject to the payment of customs duty and payment of tax in its condition and quantity and at its weight at the time of entry. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s7
chapter: PART 2 - OPERATIONS PERMITTED WITHIN FREE TRADE ZONE
section: 7
title: Calculation of duty
content:
7. —(1) The rate of customs duty and the valuation, if any, applicable to any goods subject to customs duty shall be — ( a ) in the case of goods lawfully brought into or manufactured in a free trade zone — (i) if there has been no manipulation or manufacture effecting a change in tariff classification, the rate and valuation in force on the day on which the goods are sent into customs territory; (ii) if the goods are used in the manufacture of any product which is not of a class dutiable on entry into customs territory, the rate and valuation in force on the day on which the goods are removed for manufacture; and (iii) if the goods are manufactured from materials which are not subject to customs duty, the rate and valuation in force on the day on which the entry of the manufactured goods into customs territory is authorised by the proper officer of customs; and ( b ) in the case of uncustomed goods, the rate and valuation in force on the day on which the goods became uncustomed goods, if known, or the rate and valuation in force on the day of seizure, whichever is the higher. (2) [ Deleted by Act 33 of 2023 wef 01/03/2024 ] (3) [ Deleted by Act 33 of 2023 wef 01/03/2024 ]


document_id: ftza-1966
provision_ref: s8
chapter: PART 2 - OPERATIONS PERMITTED WITHIN FREE TRADE ZONE
section: 8
title: Retail trade
content:
8. —(1) No retail trade shall be conducted within a free trade zone unless authorised in writing by the licensed FTZ operator of the free trade zone and subject to such conditions as the licensed FTZ operator of the free trade zone may impose. [Act 33 of 2023 wef 01/03/2024] [Act 33 of 2023 wef 25/11/2024] (2) The licensed FTZ operator must, within the prescribed period after each authorisation of any retail trade under subsection (1), submit to the Director-General the prescribed information and documents in respect of the authorisation. [Act 33 of 2023 wef 01/03/2024] [Act 33 of 2023 wef 25/11/2024]


document_id: ftza-1966
provision_ref: s9
chapter: PART 2 - OPERATIONS PERMITTED WITHIN FREE TRADE ZONE
section: 9
title: Use and consumption of dutiable goods and taxable goods
content:
9. Subject to sections 5, 6 and 8, a person who knows or has reason to believe that any customs duty or tax on any dutiable goods or taxable goods in a free trade zone has not been paid to the Director-General, must not use or consume the goods, unless the customs duty and tax on the goods are paid to the Director-General before the use or consumption. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s10
chapter: PART 2 - OPERATIONS PERMITTED WITHIN FREE TRADE ZONE
section: 10
title: Authorisation to enter or reside in free trade zone
content:
10. —(1) A person must not enter or reside in a free trade zone without the permission of the licensed FTZ operator of the free trade zone. [Act 33 of 2023 wef 25/11/2024] (2) Despite any permission granted by the licensed FTZ operator under subsection (1), the Director-General may, by written order to any person, prohibit the person from entering or residing in the free trade zone. [Act 33 of 2023 wef 01/03/2024] [Act 33 of 2023 wef 25/11/2024]


document_id: ftza-1966
provision_ref: s10A
chapter: PART 2 - OPERATIONS PERMITTED WITHIN FREE TRADE ZONE
section: 10A
title: Offences and penalties under this Part
content:
10A. —(1) Any person who fails to comply with a direction given by a licensed FTZ operator under section 5(2), or who fails to comply with section 6(1), shall be guilty of an offence and shall be liable on conviction to — ( a ) a fine not exceeding the greater of the following: (i) $10,000; (ii) the sum total of the customs duty and tax on the goods to which the non-compliance relates; or ( b ) imprisonment for a term not exceeding 12 months, or to both. [Act 33 of 2023 wef 25/11/2024] (2) Any person who contravenes section 8 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (3) Any person who contravenes section 9 shall be guilty of an offence and shall be liable on conviction to — ( a ) a fine not exceeding the greater of the following: (i) $10,000; (ii) the sum total of the customs duty and tax on the goods to which the contravention relates; or ( b ) imprisonment for a term not exceeding 12 months, or to both. (4) Any person who contravenes section 10(1) or a written order of the Director-General under section 10(2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s14A
chapter: PART 3A - REGULATION OF FREE TRADE ZONE OPERATORS
section: 14A
title: Unauthorised operation of free trade zone
content:
14A. —(1) A person must not administer, maintain or operate a free trade zone unless the person is authorised to do so by an FTZ operator licence. [Act 33 of 2023 wef 25/11/2024] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [Act 33 of 2023 wef 01/03/2024] [Act 33 of 2023 wef 25/11/2024] (3) [ Deleted by Act 33 of 2023 wef 25/11/2024 ]


document_id: ftza-1966
provision_ref: s14B
chapter: PART 3A - REGULATION OF FREE TRADE ZONE OPERATORS
section: 14B
title: Application for or to renew free trade zone operator licences
content:
14B. —(1) An application for or to renew an FTZ operator licence must be made to the Director-General in accordance with this section. (2) An application for or to renew an FTZ operator licence must — ( a ) be made in the form and manner determined by the Director-General; and ( b ) be accompanied by the information and documents that the Director-General requires to decide the application. (3) The Director-General may refuse to consider an application for or to renew an FTZ operator licence that is incomplete or not made in accordance with this Act. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s14C
chapter: PART 3A - REGULATION OF FREE TRADE ZONE OPERATORS
section: 14C
title: Grant, etc., of free trade zone operator licences
content:
14C. —(1) After considering any application for or to renew an FTZ operator licence, the Director-General may — ( a ) grant the applicant an FTZ operator licence or renew the FTZ operator licence, as the case may be; or ( b ) refuse to grant or renew the FTZ operator licence, as the case may be. (2) An FTZ operator licence is not transferrable. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s14D
chapter: PART 3A - REGULATION OF FREE TRADE ZONE OPERATORS
section: 14D
title: Validity of free trade zone operator licence
content:
14D. Every FTZ operator licence granted or renewed under section 14C continues in force for the period specified in the licence unless it is earlier suspended or revoked under section 14P. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s14E
chapter: PART 3A - REGULATION OF FREE TRADE ZONE OPERATORS
section: 14E
title: Conditions of free trade zone operator licence
content:
14E. —(1) The Director-General may at any time impose any conditions on or modify any conditions of an FTZ operator licence that the Director-General considers requisite or expedient having regard to the purposes of this Act. (2) The conditions under subsection (1) include conditions — ( a ) requiring the licensed FTZ operator to provide any support or assistance to any officer of customs for performing any duty of the officer of customs under this Act or any other written law; ( b ) requiring the licensed FTZ operator — (i) to nominate, and ensure that at all times there is nominated, one or more representatives of the licensed FTZ operator; and (ii) to provide the name and contact details of each representative so nominated; ( c ) requiring the licensed FTZ operator to construct, install or otherwise provide, and maintain, in accordance with any specifications specified by the Director-General, any structure, facility or device — (i) for the purpose of ensuring the security of the free trade zone; (ii) for officers of customs whose duties require their presence within or at the perimeter of the free trade zone; or (iii) that is necessary for the proper and efficient functioning of the free trade zone; ( d ) requiring the licensed FTZ operator to implement systems and procedures to monitor the free trade zone and ensure the security of the free trade zone; ( e ) requiring the licensed FTZ operator to monitor the activities of any person within the free trade zone to ensure that activities are not carried out in contravention of this Act or any other written law in the free trade zone; ( f ) requiring the licensed FTZ operator to take reasonable measures to assess whether any person who intends to carry out any activities or otherwise operate in the free trade zone, or who is carrying out any activities or otherwise operating in the free trade zone, falls within any list of prohibited persons specified under subsection (3); ( g ) requiring the licensed FTZ operator to refuse to grant, to any person who falls within any list of prohibited persons specified under subsection (3), permission under section 10(1) to enter or reside in the free trade zone; ( h ) relating to the provision or publication, within the free trade zone, of information in relation to the requirements that any person or activity must comply with; ( i ) in relation to any goods or operations that are dangerous or prejudicial to the public interest, health or safety — (i) requiring the licensed FTZ operator to provide information to any person of the nature of those goods or operations; (ii) specifying the classes of goods that the licensed FTZ operator must order, under section 14H(1), to be excluded or removed from the free trade zone; and (iii) specifying the types of operations that the licensed FTZ operator must order, under section 14H(1), to be discontinued in the free trade zone; ( j ) specifying the types of retail trade that the licensed FTZ operator may authorise, and the conditions to be imposed by the licensed FTZ operator, under section 8(1); ( k ) specifying the persons that the licensed FTZ operator may permit to erect buildings and other structures in the free trade zone, the type of buildings and other structures that may be erected, and the conditions to be imposed by the licensed FTZ operator, under section 14G(1); and ( l ) requiring the licensed FTZ operator to ensure that any lessee (including an FTZ cargo handler) of the licensed FTZ operator of any immovable property in the free trade zone obtains the licensed FTZ operator’s approval before sub-leasing the immovable property to any other person, and specifying the circumstances in which such approval may or may not be given. (3) The Director-General may, for the purpose of subsection (2)( f ) and ( g ), specify as prohibited persons such persons as the Director-General has reasonable grounds to believe have engaged or are engaging in conduct that — ( a ) amounts to an offence involving fraud or dishonesty, whether in Singapore or elsewhere; or ( b ) will prejudice the security of the free trade zone. (4) In this section, “representative”, in relation to a licensed FTZ operator, means an individual who — ( a ) is directly involved in the day-to-day management of the operations of the licensed FTZ operator within the free trade zone; ( b ) is responsible for ensuring the licensed FTZ operator adheres to the licence conditions imposed under subsection (1); and ( c ) is authorised to represent the licensed FTZ operator for the purposes of this Act. [Act 33 of 2023 wef 01/03/2024] Division 2 &#x2014; Duties and powers of licensed
free trade zone operators


document_id: ftza-1966
provision_ref: s14F
chapter: PART 3A - REGULATION OF FREE TRADE ZONE OPERATORS
section: 14F
title: Director-General’s directions to licensed free trade zone operators
content:
14F. —(1) The Director-General may give a licensed FTZ operator any directions that the Director-General considers necessary to ensure compliance with the provisions of this Act and for the purpose of protecting the revenue. (2) Where the licence of a licensed FTZ operator ceases to be in force after the direction is given, the former licensee must still comply with the direction. (3) A person who is or was a licensed FTZ operator that fails to comply with a direction given by the Director-General under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s14G
chapter: PART 3A - REGULATION OF FREE TRADE ZONE OPERATORS
section: 14G
title: Free trade zone operators may allow erection of private buildings, etc.
content:
14G. —(1) Subject to subsection (2), a licensed FTZ operator of a free trade zone may permit any person to erect any buildings and other structures within the free trade zone as may be required, subject to any conditions that the licensed FTZ operator may impose. (2) Any permission under subsection (1) does not constitute a vested right as against the licensed FTZ operator or the Government. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s14H
chapter: PART 3A - REGULATION OF FREE TRADE ZONE OPERATORS
section: 14H
title: Exclusion or removal of certain goods or discontinuance of operations
content:
14H. —(1) A licensed FTZ operator of a free trade zone may by written order to any person — ( a ) prohibit the person from bringing into the free trade zone, or require the person to remove from the free trade zone, any goods if the goods are dangerous or prejudicial to the public interest, health or safety; or ( b ) require the person to discontinue any operations in the free trade zone if the operations are dangerous or prejudicial to the public interest, health or safety. (2) The Director-General may by written order to any person — ( a ) prohibit the person from bringing into the free trade zone, or require the person to remove from the free trade zone, any goods if, in the opinion of the Director-General, the goods are dangerous or prejudicial to the public interest, health or safety; or ( b ) require the person to discontinue any operations in the free trade zone if, in the opinion of the Director-General, the operations are dangerous or prejudicial to the public interest, health or safety. (3) To avoid doubt, nothing in subsection (2) prevents the Director-General from delegating to any other person all or any of the Director-General’s powers under that subsection, in accordance with section 4 or any other law. (4) Any person who fails to comply with an order under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (5) Where any person fails to comply with an order under subsection (1) or (2), the Director-General may enter the free trade zone (including any building, structure, facility or conveyance in the free trade zone) and take such measures and do such work as may be necessary to give effect to the order. (6) Any costs and expenses incurred by the Director-General under subsection (5) may be recovered by the Director-General as a debt due to the Government from the person who failed to comply with the order. [Act 33 of 2023 wef 01/03/2024] Division 3 &#x2014; Preparing and giving of reports and
information, etc., by free trade zone operators


document_id: ftza-1966
provision_ref: s14I
chapter: PART 3A - REGULATION OF FREE TRADE ZONE OPERATORS
section: 14I
title: Free trade zone operators to submit and retain reports
content:
14I. —(1) The Director-General may, by written notice, require a person who is or was a licensed FTZ operator to prepare and submit (including on a periodic basis) to the Director-General a report containing any prescribed information and documents relating to any period when the person is or was a licensed FTZ operator. (2) The report mentioned in subsection (1) must be submitted in the form and manner and within the period specified by the Director-General. (3) A report mentioned in subsection (1) must be retained by the person who prepared the report for the prescribed period. (4) Any person who, without reasonable excuse, fails to prepare or submit a report mentioned in subsection (1) in accordance with the specifications under subsection (2), or to retain a report in accordance with subsection (3), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s14J
chapter: PART 3A - REGULATION OF FREE TRADE ZONE OPERATORS
section: 14J
title: Free trade zone operators to give information on goods in contravention of written law
content:
14J. —(1) Where a licensed FTZ operator of a free trade zone has reason to suspect (including from a disclosure under section 14M(3)) that any goods in the possession, custody, charge or control of the licensed FTZ operator or any FTZ cargo handler at the free trade zone — ( a ) are brought or intended to be brought into Singapore; ( b ) are manufactured in a free trade zone and are brought or intended to be brought into customs territory; ( c ) are manufactured; or ( d ) are brought or intended to be brought out of Singapore, in contravention of this Act or any other written law, the licensed FTZ operator must, within the prescribed period, disclose the suspicion to the Director-General in the form and manner specified by the Director-General. (2) Any licensed FTZ operator who, without reasonable excuse, fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s14K
chapter: PART 3B - REGULATION OF FREE TRADE ZONE
section: 14K
title: Director-General’s directions to free trade zone cargo handlers
content:
14K. —(1) The Director-General may give an FTZ cargo handler at a free trade zone any directions that the Director-General considers necessary or expedient for the purposes of this Act and for the purpose of protecting the revenue. (2) The directions under subsection (1) include directions — ( a ) relating to monitoring and managing the movement of goods within the free trade zone; ( b ) requiring the FTZ cargo handler to implement systems and procedures to monitor and ensure the security of any premises within the free trade zone; and ( c ) requiring the FTZ cargo handler to provide information to any person in relation to any goods that are dangerous or prejudicial to the public interest, health or safety, generally or in specified circumstances. (3) Any FTZ cargo handler who fails to comply with a direction given by the Director-General under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s14L
chapter: PART 3B - REGULATION OF FREE TRADE ZONE
section: 14L
title: Free trade zone cargo handlers to submit and retain reports
content:
14L. —(1) The Director-General may, by written notice, require a person who is or was an FTZ cargo handler to prepare and submit (including on a periodic basis) to the Director-General a report containing any prescribed information and documents relating to any period when the person is or was an FTZ cargo handler. (2) The report mentioned in subsection (1) must be submitted in the form and manner and within the period specified by the Director-General. (3) A report mentioned in subsection (1) must be retained by the person who prepared the report for the prescribed period. (4) Any person who, without reasonable excuse, fails to prepare or submit a report mentioned in subsection (1) in accordance with the specifications under subsection (2), or to retain a report in accordance with subsection (3), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s14M
chapter: PART 3B - REGULATION OF FREE TRADE ZONE
section: 14M
title: Free trade zone cargo handlers to give information on goods in contravention of written law
content:
14M. —(1) This section applies where an FTZ cargo handler at a free trade zone (called in this section the relevant free trade zone) has reason to suspect (called in this section a suspicion) that any goods in the possession, custody, charge or control of the FTZ cargo handler — ( a ) are brought or intended to be brought into Singapore; ( b ) are manufactured in the free trade zone and are brought or intended to be brought into customs territory; ( c ) are manufactured; or ( d ) are brought or intended to be brought out of Singapore, in contravention of this Act or any other written law. (2) Where the FTZ cargo handler is also the licensed FTZ operator of the relevant free trade zone, the FTZ cargo handler must disclose the suspicion to the Director-General in accordance with section 14J(1). (3) Where the FTZ cargo handler is not the licensed FTZ operator of the relevant free trade zone, the FTZ cargo handler must, within the prescribed period, disclose the suspicion to the licensed FTZ operator of the relevant free trade zone in the form and manner specified by the licensed FTZ operator. (4) Any FTZ cargo handler who, without reasonable excuse, fails to comply with subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s14N
chapter: PART 3B - REGULATION OF FREE TRADE ZONE
section: 14N
title: Shipping agents and air cargo agents to give information on movement of goods
content:
14N. —(1) This section applies to any shipping agent or air cargo agent, or a shipping agent or air cargo agent within any class of shipping agents or air cargo agents, that may be prescribed in relation to any goods — ( a ) brought or intended to be brought into a free trade zone; or ( b ) brought or intended to be brought out of a free trade zone. (2) The shipping agent or air cargo agent must give to the FTZ cargo handler at the free trade zone providing the service or facility for the storing, processing or handling of the goods, any information, specified by the Director-General, that is contained in the bill of lading or airway bill (as the case may be) for those goods, in the form and manner and within the time specified by the Director-General. (3) Any shipping agent or air cargo agent who, without reasonable excuse, fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s14O
chapter: PART 3B - REGULATION OF FREE TRADE ZONE
section: 14O
title: Free trade zone cargo handlers to give information on movement of goods
content:
14O. —(1) An FTZ cargo handler at a free trade zone must give to the Director-General the information obtained by the FTZ cargo handler under section 14N(2), in the form and manner and within the time specified by the Director-General. (2) Any FTZ cargo handler who, without reasonable excuse, fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s14P
chapter: PART 3C - ADMINISTRATION AND ENFORCEMENT
section: 14P
title: Suspension or revocation, etc., of free trade zone operator licences
content:
14P. —(1) Subject to subsection (2) or (3), if the Director-General is satisfied that — ( a ) a licensed FTZ operator (called in this section a licensee) is contravening, or has contravened — (i) any of the conditions of the licensee’s licence; or (ii) any provision of this Act applicable to the licensee, contravention of which is not an offence; ( b ) the licensee’s application for or to renew the licence contained any information, document or statement that was false, or the application was misleading (including as a result of any omission) in any material particular, or the licensee otherwise obtained the licence or renewal through fraud or misrepresentation; ( c ) the licensee is convicted of any offence under this Act committed during the term of the licence; or ( d ) the public interest or national security of Singapore requires, the Director-General may suspend or revoke (without any compensation) the licensee’s licence. (2) The Director-General may, in lieu of suspending or revoking a licensee’s licence under subsection (1), do any one or more of the following: ( a ) censure the licensee in writing; ( b ) modify any condition of, or impose any new condition on, the licence; ( c ) direct the licensee to do, or to refrain from doing, such things as are specified in a direction to rectify a contravention; ( d ) for any contravention under subsection (1)( a ), impose on the licensee a financial penalty of any amount, not exceeding $10,000, that the Director-General thinks fit. (3) Before exercising any powers under subsection (1) or (2), the Director-General must give written notice to the licensee concerned — ( a ) stating that the Director-General intends to take regulatory action against the licensee under this section; ( b ) specifying the type of action in subsection (1) or (2) the Director-General proposes to take, and each instance of contravention that is the subject of the action; and ( c ) specifying the time (being not less than 14 days after the date of service of notice on the licensee) within which written representations may be made to the Director-General with respect to the proposed action. (4) The Director-General may, after considering any written representation under subsection (3)( c ), decide to take such regulatory action in subsection (1) or (2) as the Director-General considers appropriate. (5) Where the Director-General has made any decision under subsection (4) against any licensee, the Director-General must serve on the licensee concerned a notice of the Director-General’s decision. (6) Subject to section 18, a decision to suspend or revoke a licence, or to impose a regulatory action in subsection (2), which is specified in the notice served under subsection (5) is to take effect from the date on which that notice is served, or on such other date as may be specified in the notice. (7) The suspension or revocation of any licence under this section does not affect the enforcement by any person of any right or claim against the licensee or former licensee, or by the licensee or former licensee of any right or claim against any person. (8) If the written notice under subsection (3) is given to a licensee while the licensee’s licence remains in force, and the licence ceases to be in force before the Director-General takes any regulatory action in subsection (1) or (2), this section continues to apply and the Director-General may, at any time after the licence ceases to be in force, take any regulatory action in subsection (2)( a ) and ( d ) in relation to the former licensee. (9) In any proceedings under this section in relation to the conviction of a licensee for a criminal offence, the Director-General is to accept the licensee’s conviction as final and conclusive. (10) Any financial penalty imposed on a licensee or former licensee under subsection (2)( d ) may be recovered by the Director-General as a debt due to the Government. (11) All financial penalties collected under this section must be paid into the Consolidated Fund. [Act 33 of 2023 wef 01/03/2024] Division 2 &#x2014; Powers of enforcement, etc.


document_id: ftza-1966
provision_ref: s14Q
chapter: PART 3C - ADMINISTRATION AND ENFORCEMENT
section: 14Q
title: Interpretation of this Division
content:
14Q. In this Division — “computer” and “computer output” have the meanings given by section 2(1) of the Computer Misuse Act 1993; “document” includes, in addition to a document in writing — ( a ) any map, plan, graph or drawing; ( b ) any photograph; ( c ) any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means; ( d ) any disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced from it; ( e ) any film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced from it; and ( f ) any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them; “writing” includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s14R
chapter: PART 3C - ADMINISTRATION AND ENFORCEMENT
section: 14R
title: Entering free trade zone to monitor compliance
content:
14R. —(1) Subject to subsection (2), for the purpose of administering or enforcing this Act or determining whether this Act has been contravened, an officer of customs may, at any time — ( a ) enter any free trade zone; and ( b ) exercise any of the powers set out in sections 14S, 14T, 14U and 14V. (2) Before exercising the power of entry under subsection (1), the officer of customs must — ( a ) declare the office of the officer of customs; and ( b ) produce to the person against whom the officer of customs is acting any authority card that the Director-General may direct officers of customs to carry. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s14S
chapter: PART 3C - ADMINISTRATION AND ENFORCEMENT
section: 14S
title: Power to search free trade zone, etc.
content:
14S. —(1) Without affecting section 14W, an officer of customs who enters any free trade zone under section 14R has full and free access to any area within or at the perimeter of the free trade zone and any thing at or in the free trade zone, and may exercise all or any of the following powers for the purpose of administering or enforcing this Act or determining whether this Act has been contravened: ( a ) search the free trade zone for any thing; ( b ) examine any activity conducted in the free trade zone; ( c ) examine and check the operation of any thing in the free trade zone; ( d ) take any photograph or make any video or audio recording or sketch of any activity or thing mentioned in paragraph ( b ) or ( c ); ( e ) carry out any inspection, audit or stock check in the free trade zone; ( f ) require any person in the free trade zone to do one or both of the following: (i) provide any information within the knowledge of that person; (ii) take reasonable steps to provide any document; ( g ) inspect any goods, document, computer or computer output in the free trade zone; ( h ) without payment, make copies of any such document or computer output, or take extracts from any such goods, document, computer or computer output; ( i ) take into the free trade zone any equipment and materials that the officer of customs requires for the purpose of exercising any power under this section; ( j ) without payment, take possession of any thing in the free trade zone where, in the opinion of the officer of customs — (i) the inspection, checking, copying of or extraction from any part of such thing cannot reasonably be performed without taking possession of the thing; (ii) such thing may be interfered with or destroyed unless possession is taken; or (iii) such thing may be required as evidence in proceedings for a contravention of this Act. (2) An officer of customs may, in addition to the powers in subsection (1) — ( a ) require any person who is able to operate any thing in the free trade zone to do so for the purpose of — (i) enabling the officer of customs to exercise any power under this section; or (ii) enabling the officer of customs to ascertain whether it, or a disc, tape or other storage device that can be used with or is associated with it, contains information that is relevant to assessing compliance with this Act; ( b ) if any information is found in exercise of the power in paragraph ( a )(ii) — (i) require the information to be provided in documentary form, and keep or copy the documents so provided; or (ii) transfer, or require the transfer of, the information to a disc, tape or other storage device, and remove it from the free trade zone; and ( c ) in respect of any thing that the officer of customs takes possession of, require any person in the free trade zone to provide the officer of customs with or grant the officer of customs access to any information, code, software or technology required to operate or access data contained in such thing, or to retransform, unscramble or decrypt data contained in such thing into readable and comprehensive format or text. (3) Any person who, without reasonable excuse, fails to comply with a requirement of an officer of customs under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 18 months or to both. (4) To avoid doubt, a reference in this section to a free trade zone includes any building, structure, facility or conveyance in the free trade zone. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s14T
chapter: PART 3C - ADMINISTRATION AND ENFORCEMENT
section: 14T
title: Detention of goods for inspection
content:
14T. —(1) Where the Director-General has reason to suspect that any person has committed an offence under this Act, the Director-General may by written notice require an FTZ cargo handler at a free trade zone to detain any goods in the free trade zone, that are in the possession, custody, charge or control of the FTZ cargo handler and in relation to which the offence is suspected to have been committed, for inspection by an officer of customs under section 14S(1)( g ). (2) Subject to subsection (3), the officer of customs must complete inspection of the goods within 48 hours after the officer of customs is given access to the goods for the purposes of the inspection. (3) Where the Director-General certifies that, due to the nature or quantum of the goods or the complexity of the inspection required, the inspection of the goods cannot be completed within the time specified in subsection (2), then the inspection need not be completed within that time but must in any case be completed as soon as practicable. (4) Any FTZ cargo handler who fails to comply with a written notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 18 months or to both. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s14U
chapter: PART 3C - ADMINISTRATION AND ENFORCEMENT
section: 14U
title: Power to require goods to be brought to examination station for inspection
content:
14U. —(1) For the more convenient exercise of the power of inspection of any goods conferred by section 14S(1)( g ) or 14T, an officer of customs may — ( a ) remove any goods required to be inspected to an examination station; or ( b ) require the goods to be so removed by the owner of the goods or the owner’s agent or any person having the possession, custody, charge or control of the goods. (2) Any person who fails to comply with any requirement under subsection (1)( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000. (3) Upon the failure by a person to comply with a requirement under subsection (1)( b ), an officer of customs may remove the goods in the manner provided by subsection (1) and all the expenses of such removal (as certified by the Director-General) are recoverable by the Director-General as a debt due to the Government from that person or from the owner of the goods. (4) In this section, “examination station” means any place which has been prescribed under section 143(1)( d ) of the Customs Act 1960 as a customs office or customs station. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s14V
chapter: PART 3C - ADMINISTRATION AND ENFORCEMENT
section: 14V
title: Powers of arrest
content:
14V. —(1) Any officer of customs may arrest without warrant — ( a ) any person found committing or attempting to commit, or employing or aiding any person to commit, or abetting the commission of, an offence under section 14S(3); or ( b ) any person reasonably suspected of having committed, attempted to commit, employed or aided another person to commit, or abetted the commission of, an offence under section 14S(3), and may search or cause to be searched, any person so arrested. (2) A woman must not be searched except by a woman. (3) An officer of customs making an arrest without warrant must, without unnecessary delay and subject to this section as to bail or previous release, take or send the person arrested before a Magistrate’s Court. (4) An officer of customs must not detain in custody a person arrested without a warrant for a longer period than under the circumstances of the case is reasonable. (5) Such period must not exceed 48 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court. (6) A person who has been arrested by an officer of customs must not be released except on the person’s own bond or on bail or under the special order in writing of a Magistrate or a senior officer of customs. (7) If any person liable to arrest under this Act is not arrested at the time of committing the offence for which the person is so liable, or after arrest makes his or her escape, the person may, at any time afterwards, be arrested and be dealt with as if the person had been arrested at the time of committing the offence. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s14W
chapter: PART 3C - ADMINISTRATION AND ENFORCEMENT
section: 14W
title: Power to require persons to provide information and documents
content:
14W. —(1) For the purposes of administering or enforcing this Act or determining whether this Act has been contravened, an officer of customs may by written notice require any licensed FTZ operator, FTZ cargo handler, shipping agent or air cargo agent, or any officer or employee of any licensed FTZ operator, FTZ cargo handler, shipping agent or air cargo agent (called in this section the relevant person) to do one or both of the following: ( a ) provide any officer of customs with any information within the knowledge of the relevant person; ( b ) provide any officer of customs with any document in the possession, custody, charge or control of the relevant person. (2) The notice in subsection (1) may — ( a ) specify a time and place at which the relevant person must provide the information or document, in the form and manner specified in the notice; or ( b ) require the relevant person to attend personally before any officer of customs, at a place and time specified in the notice, to provide the information or document, in the form and manner specified in the notice. (3) Any person that, without reasonable excuse, fails to comply with a notice of an officer of customs under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s14X
chapter: PART 3C - ADMINISTRATION AND ENFORCEMENT
section: 14X
title: General power to require information or documents
content:
14X. —(1) The power of an officer of customs to require a person to provide any information or document under section 14S or 14W includes the power — ( a ) to require the person, or any person who is or was an officer or employee of that person, to provide an explanation of the information or document; ( b ) if the information or document is not provided, to require that person to state, to the best of the person’s knowledge and belief, from whom the information or document may be obtained or where it is; ( c ) if the information is recorded otherwise than in legible form, to require the information to be provided in legible form without payment; and ( d ) in the case of a document, without payment — (i) to inspect, copy or take extracts from the document and, in relation to a document kept in electronic form, to inspect, copy or take extracts from the document in legible form; (ii) to take possession of the document if in the opinion of the officer of customs — (A) the inspection, copying or extraction cannot reasonably be performed without taking possession of the document; (B) the document may be interfered with or destroyed unless possession of the document is taken; or (C) the document may be required as evidence in proceedings for an offence under this Act; and (iii) for the purposes of sub-paragraph (ii), to require the person to provide the officer of customs with or grant the officer of customs access to any information, code, software or technology required to access the document or data contained in the document, or to retransform, unscramble or decrypt data contained in the document into readable and comprehensive format or text. (2) A statement made by any person providing information under section 14S(1)( f ) or 14W(2)( b ) must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted for the person in a language that the person understands; and ( d ) after correction, if necessary, be signed by the person. (3) A person is not obliged under section 14S or 14W to provide (including through the production of a document) — ( a ) any information that the person is under any statutory obligation (other than sections 128, 128A, 129 and 131 of the Evidence Act 1893) to observe secrecy; or ( b ) any information subject to legal privilege. (4) The generality of the term “reasonable excuse” in sections 14S(3) and 14W(3) is not affected by subsection (3). (5) Except as provided under subsection (3), it is not a defence to a charge under section 14S(3) or 14W(3) for a failure to provide any information or document sought in accordance with that provision, that the person is under a duty of secrecy in respect of that information or the contents of that document (called in this section a displaced duty of secrecy). (6) A person that in good faith complies with a requirement or notice to provide any information or document is not to be treated as being in breach of a displaced duty of secrecy. (7) No civil or criminal action for a breach of a displaced duty of secrecy, other than a criminal action for an offence under section 14Y, lies against a person — ( a ) for providing any information or document if the person did so in good faith in compliance with a requirement or notice under section 14S or 14W; or ( b ) for doing or omitting to do any act if the person did or omitted to do the act in good faith and as a result of complying with such a requirement or notice. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s14Y
chapter: PART 3C - ADMINISTRATION AND ENFORCEMENT
section: 14Y
title: Offences for false statements, forging of documentation, etc.
content:
14Y. —(1) Any person that, in response to any requirement or notice under this Act, provides any information, document or statement that the person knows is false or misleading in any material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. (2) Any person that — ( a ) counterfeits or falsifies, or uses, when counterfeited or falsified, any document which is or may be required under this Act; or ( b ) fraudulently alters any document, or counterfeits the seal, signature, initials or other mark of, or used by, any officer of customs for the verification of any such document or for the security of any goods, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s14Z
chapter: PART 3C - ADMINISTRATION AND ENFORCEMENT
section: 14Z
title:
Penalty for assaulting or obstructing officers of customs, rescuing goods, resisting arrest and escaping from custody

content:
14Z. Any person who — ( a ) assaults, abuses or obstructs any officer of customs or any person acting in the officer’s aid or assistance, or duly employed for the prevention of offences under this Act, in the execution of his or her duty or in the due detention of any goods liable to detention under this Act; ( b ) rescues or endeavours to rescue, or causes to be rescued, anything which has been duly detained; ( c ) before or after any detention of any package or goods, staves, breaks or otherwise destroys the package or goods to prevent the detention of the package or goods or the securing of the same; or ( d ) intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or herself or of any other person, or escapes or attempts to escape from any custody in which he or she is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be guilty of an offence and shall be liable — ( e ) on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 18 months or to both; and ( f ) in the case of a second or subsequent conviction, to a fine not exceeding $20,000 and to imprisonment for a term not exceeding 3 years. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s16A
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 16A
title: Preservation of secrecy
content:
16A. —(1) Subject to subsections (2) and (5), the following persons (each called in this section a specified person) must not publish, or communicate or disclose to any person, any particulars, information or document submitted or given to the specified person for the purposes of this Act, unless the specified person has the prior written consent of the person to whom the information relates: ( aa ) [ Deleted by Act 33 of 2023 wef 25/11/2024 ] ( a ) a licensed FTZ operator; ( b ) an FTZ cargo handler; ( c ) a shipping agent; ( d ) an air cargo agent; ( e ) any officer or employee of a licensed FTZ operator, an FTZ cargo handler, a shipping agent or an air cargo agent; [Act 33 of 2023 wef 25/11/2024] ( f ) an officer of customs; ( g ) any person employed or engaged in the administration of this Act. (2) Subsection (1) does not apply where the publication, communication or disclosure is necessary for the purposes of — ( a ) a prosecution under this Act; ( b ) enabling an officer of customs to enforce a provision of this Act; ( c ) enabling an officer of customs to investigate a suspected offence under this Act; ( d ) a prosecution of any offence under any written law (other than this Act) that may be prescribed; ( e ) enabling a public agency to enforce any provision of any written law (other than this Act) that may be prescribed; ( f ) enabling a public agency to investigate any suspected offence under any written law (other than this Act) that may be prescribed; ( g ) subject to subsection (3), enabling a public agency to discharge its function, duty or power of collecting, compiling and analysing the particulars, information or document, and — (i) providing its collection, compilation or analysis to another public agency for policy formulation or review by that other public agency; or (ii) publishing its collection, compilation or analysis in any form that will not identify, and is not reasonably capable of being used to identify, any person to which the particulars, information or document relates; ( h ) subject to subsection (3), enabling a public agency to take steps to protect individuals and communities from risks or threats to public health or safety, or to protect against risks or threats to the security of Singapore (including her financial and economic security); ( ha ) enabling a Suspicious Transaction Reporting Officer to carry out any of the responsibilities of the Suspicious Transaction Reporting Office, including for the purpose of detecting the possible commission of an offence specified in the First, Second or Third Schedule to the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992; [Act 24 of 2024 wef 14/11/2024] ( i ) satisfying a request for information under section 353 of the Copyright Act 2021, section 59B or 67D of the Geographical Indications Act 2014, section 68I of the Registered Designs Act 2000, or section 85B or 93E of the Trade Marks Act 1998; or ( j ) complying with any request pursuant to a provision of any prescribed agreement, where the conditions specified in subsection (8) are satisfied. (3) No particulars, information or document mentioned in subsection (1) may be published, communicated or disclosed under subsection (2)( g ) and ( h ) except with the approval of the Minister. (4) The approval of the Minister mentioned in subsection (3) may be given in respect of — ( a ) a specific public agency or a class of public agencies; and ( b ) a specific request for particulars, information or documents, or requests for particulars, information or documents falling within any class that the Minister may specify. (5) Nothing in subsection (1) prevents the Minister, and any public officer assisting the Minister and duly authorised by the Minister for the purposes of this subsection, from having access to any particulars, information or document mentioned in subsection (1) that may be necessary for the performance of the Minister’s official duties in connection with this Act. (6) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both. (7) Any person having possession of any particulars, information or document that to the person’s knowledge has been published, communicated or disclosed in contravention of this section, who publishes, communicates or discloses those particulars, information or document to any other person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both. (8) The conditions mentioned in subsection (2)( j ) are as follows: ( a ) the particulars, information or documents requested by the foreign country are available to the Director-General; ( b ) unless the Government otherwise allows, the foreign country undertakes to keep the information given confidential at all times; ( c ) the disclosure of the information is not likely to prejudice the essential security interests of Singapore. (9) In this section — “foreign country” means any country or territory outside Singapore; “prescribed agreement” means an agreement between Singapore and a foreign country which is prescribed as an agreement for the purpose of subsection (2)( j ); “public agency” means a public officer, an Organ of State or a ministry or department of the Government, or a public authority established by or under any public Act for a public purpose or a member, an officer or an employee, or any department, of the public authority; [Act 24 of 2024 wef 14/11/2024] “Suspicious Transaction Reporting Office” means the office mentioned in section 5(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992; [Act 24 of 2024 wef 14/11/2024] “Suspicious Transaction Reporting Officer” means a Suspicious Transaction Reporting Officer as defined in section 2(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 who is a Commercial Affairs Officer appointed under section 64 of the Police Force Act 2004. [Act 33 of 2023 wef 01/03/2024] [Act 24 of 2024 wef 14/11/2024]


document_id: ftza-1966
provision_ref: s17
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 17
title: Action of officers no offence
content:
17. Nothing done by an officer of customs in the course of his duties shall be deemed to be an offence under this Act. [Act 33 of 2023 wef 25/11/2024]


document_id: ftza-1966
provision_ref: s17A
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 17A
title: Protection from personal liability
content:
17A. No liability shall lie personally against any officer of customs or other person acting under the direction of the Director-General for anything done or intended to be done in good faith and with reasonable care in — ( a ) the exercise or purported exercise of any power under this Act; or ( b ) the performance or purported performance of any function under this Act. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s18
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 18
title: Appeal from decision of licensed free trade zone operator or Director-General
content:
18. —(1) Where it is provided in this Act that the decision on any matter rests with a licensed FTZ operator or the Director‑General, any person aggrieved by the decision may appeal to the Minister. [Act 33 of 2023 wef 01/03/2024] [Act 33 of 2023 wef 25/11/2024] (2) Unless otherwise expressly provided, an appeal against the decision of a licensed FTZ operator or the Director-General does not affect the operation of the decision appealed against or prevent the taking of action to implement the decision, and unless otherwise directed by the Minister, the decision appealed against must be complied with until the determination of the appeal. [Act 33 of 2023 wef 01/03/2024] [Act 33 of 2023 wef 25/11/2024]


document_id: ftza-1966
provision_ref: s18A
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 18A
title: Service of documents
content:
18A. —(1) A document that is permitted or required by this Act to be served on, given to or submitted to a person may be served, given or submitted as described in this section. (2) A document permitted or required by this Act to be served on, given to or submitted to an individual may be served, given or submitted — ( a ) by giving it to the individual personally; ( b ) by sending it by post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; or ( c ) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be served on, given to or submitted to a partnership (other than a limited liability partnership) may be served, given or submitted — ( a ) by giving it to any partner, secretary or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by post to, the partnership’s business address; or ( c ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by this Act to be served on, given to or submitted to a body corporate (including a limited liability partnership) or an unincorporated association may be served, given or submitted — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; or ( c ) by sending it by email to the last email address of the body corporate or unincorporated association. (5) Service of a document takes effect — ( a ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; and ( b ) if the document is sent by post, 2 days after the day the document was posted (even if it is returned undelivered). (6) However, service of any document under this Act on a person by email may be effected only with the person’s prior written consent to service in that way. (7) However, this section does not apply to documents to be served in proceedings in court. (8) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “document” includes a notice, direction or order permitted or required by this Act to be served, given or submitted; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “limited liability partnership” has the meaning given by the Limited Liability Partnerships Act 2005; “residential address” means an individual’s usual or last known place of residence in Singapore. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s20
chapter: PART 5 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 20
title: Burden of proof
content:
20. If in any prosecution in respect of any goods seized for non‑compliance with the provisions of this Act or for any other cause of forfeiture or for the recovery of any penalty or penalties under this Act, any dispute arises as to whether the goods have been lawfully brought into a free trade zone or lawfully landed, or lawfully manipulated or manufactured in a free trade zone, or whether the goods have been lawfully used or consumed, then and in every such case the burden of proof shall lie on the defendant in such prosecution. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s22
chapter: PART 6 - OFFENCES AND PENALTIES
section: 22
title: Attempts and abetments
content:
22. Whoever attempts to commit any offence punishable under this Act or abets the commission of the offence shall be punished with the punishment provided for the offence. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s23
chapter: PART 6 - OFFENCES AND PENALTIES
section: 23
title: Offences by bodies of persons and by servants and agents
content:
23. —(1) Where an offence under this Act has been committed by a company, firm, society or other body of persons, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in that capacity shall be deemed to be guilty of that offence, unless he proves that the offence was committed without his consent or connivance and that he 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. [Act 33 of 2023 wef 01/03/2024] (2) Where any person would be liable under this Act to any punishment, penalty or forfeiture for any act, omission, neglect or default, he shall be liable to the same punishment, penalty or forfeiture for every such act, omission, neglect or default of any clerk, servant or agent, or of the clerk or servant of the agent provided that the act, omission, neglect or default was committed by the clerk or servant in the course of his employment or by the agent when acting on behalf of such person or by the clerk or servant of the agent when acting in the course of his employment in such circumstances that had the act, omission, neglect or default been committed by the agent his principal would have been liable under this section.


document_id: ftza-1966
provision_ref: s23A
chapter: PART 6 - OFFENCES AND PENALTIES
section: 23A
title: Composition of offences
content:
23A. —(1) The Director-General may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of such sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s23B
chapter: PART 7 - GENERAL
section: 23B
title: General exemption
content:
23B. The Minister may, by order in the Gazette , exempt any person or class of persons from all or any of the provisions of this Act, either generally or in a particular case and subject to any conditions that the Minister may specify in the order. [Act 33 of 2023 wef 01/03/2024]


document_id: ftza-1966
provision_ref: s24
chapter: PART 7 - GENERAL
section: 24
title: Minister to make regulations
content:
24. —(1) The Minister may make regulations for or in respect of every purpose which is deemed by him necessary for the carrying out of this Act. (1A) Without affecting subsection (1), the Minister may make regulations for or with respect to, or to otherwise make provision for, all or any of the following matters: ( a ) the requirements applicable to a licensed FTZ operator in relation to the administration, maintenance and operation of a free trade zone; ( b ) the requirements applicable to an FTZ cargo handler in relation to monitoring and managing the activities undertaken in respect of any goods within a free trade zone; ( c ) the requirements governing manufacture within a free trade zone; ( d ) the requirements in relation to an application for an FTZ operator licence; ( e ) the form of any application, notice, appeal, report, record, statement or other document mentioned in this Act; ( f ) the preparation of any application, notice, appeal, report, record, statement or other document mentioned in this Act, including the person that must prepare the same and any criteria that the person must satisfy; ( g ) the information and documents to be included in or to accompany any application, notice, appeal, report, record, statement or other document mentioned in this Act; ( h ) the period within which any application, notice, appeal, report, record, statement or other document is to be submitted (including at prescribed intervals); ( i ) the manner in which any application, notice, appeal, report, record, statement or other document mentioned in this Act is to be submitted, including the person that must submit the same and any criteria that the person must satisfy; ( j ) any fees and charges payable — (i) for any application under, or for any purpose of, this Act; (ii) in addition to or in lieu of any fee under sub-paragraph (i), for any licence granted or renewed under this Act; or (iii) for anything done or any services rendered by the Director-General or any officer of customs under or by virtue of this Act, and for the payment of the fees and charges in instalments or on a periodic basis; ( k ) any other matter that is required or permitted to be prescribed to give effect to this Act. [Act 33 of 2023 wef 01/03/2024] (1B) For the purpose of subsection (1A)( j ), the regulations may prescribe different rates of fees and charges — ( a ) in respect of different classes of persons or free trade zones; ( b ) in respect of different periods (including different periods during the validity period of a licence); or ( c ) on any other differential basis. [Act 33 of 2023 wef 01/03/2024] (1C) To avoid doubt, without affecting any other written law or rule of law, any fee prescribed in regulations that becomes payable may be recovered by the Director-General as a debt due to the Government. [Act 33 of 2023 wef 01/03/2024] (1D) Regulations made under this section may make different provision — ( a ) for different classes, descriptions or types of goods or persons; and ( b ) for different circumstances. [Act 33 of 2023 wef 01/03/2024] (1E) The Minister may, in making any regulations, provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $5,000. [Act 33 of 2023 wef 01/03/2024] (2) All regulations and orders made under this Act shall be published in the Gazette and shall be presented to Parliament as soon as possible after publication.


document_id: ga-2001
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Appeal Panel” means a panel established by the Minister under section 84; “authorised officer” means any person authorised by the Authority under section 3(2); “Authority” means the Energy Market Authority of Singapore established under the Energy Market Authority of Singapore Act 2001; “check meter” means any subsidiary device used to verify the readings taken by a meter; “code of practice” means a code of practice issued or modified by the Authority under section 62; “connect”, in relation to any premises, means connect to a gas main of a gas transporter, whether directly or by means of a gas service pipe, and “disconnect” and “re‑connect” have corresponding meanings except that they also include discontinuing or restoring (as the case may be) the conveyance of gas to the premises; “consumer” means a person — ( a ) to whose premises gas is shipped; or ( b ) whose premises are connected to a gas pipeline network for the purpose of obtaining a supply of gas; “convey” means the transmission or distribution of gas by means of gas pipes, and “conveying”, “conveyed”, and “conveyance” are to be construed accordingly; “direct access customer” means a person who has an arrangement with — ( a ) a gas transporter for the conveyance of gas to the person’s premises through a gas pipeline network owned by, or under the management or control of, that gas transporter; or ( b ) a person other than a gas transporter for the shipping of gas to the firstmentioned person’s premises and has the benefit, under the arrangement, of identifiable rights for the conveyance of gas to the firstmentioned person’s premises through the gas pipeline network to which the firstmentioned person’s premises are connected; “director” has the meaning given by section 4(1) of the Companies Act 1967; “document” includes electronic records; “earthworks” means — ( a ) any act of excavating earth, rock or other material (by whatever means); ( b ) any act done on, in or under the ground in connection with — (i) any work for or relating to the construction, reconstruction, extension, renovation, alteration, demolition or repair of any building, road, railway, bridge, viaduct, flyover, sewer or sewerage works; (ii) any work for or relating to the laying, inspecting, repairing or renewing of any main, pipe, cable, fitting or other apparatus; (iii) any soil investigation work; or (iv) such other works as are usually undertaken by a person carrying on business as a contractor in the construction industry or as a professional civil or structural engineer; ( c ) any act of boring, dredging, jacking, levelling, piling or tunnelling on or under any premises or street by any mechanical means; or ( d ) the driving or sinking of any bar, rod, pole, picket, casing or tube into the ground; “electronic records” has the meaning given by the Electronic Transactions Act 2010; “exempt gas transporter” means a person carrying out any activity specified in section 6(1)( a ) who is granted an exemption under section 8; “gas” means natural gas and town gas, but does not include liquefied petroleum gas; “gas appliance” means any appliance in which gas is consumed, either for domestic requirements (including for cooking, heating or cooling purposes) or for industrial or commercial requirements (including for powering a gas engine or as feedstock in a chemical process); “gas fitting” includes any pipe, valve, meter, regulator or other device for the control, measurement and use of gas; “gas importer” means a person holding a gas importer’s licence; “gas importer’s licence” means a licence granted under section 7(3)( ga ) or ( h ); [Act 27 of 2024 wef 01/09/2025] “gas importer’s licence (central import)” means a licence granted under section 7(3)( ga ); [Act 27 of 2024 wef 01/09/2025] “gas importer’s licence (non-central import)” means a licence granted under section 7(3)( h ); [Act 27 of 2024 wef 01/09/2025] “gas installation” means a discrete grouping of gas fittings linking a gas service isolation valve to a gas appliance; [Act 27 of 2024 wef 01/09/2025] “gas licence” means a licence granted under section 7(3); “gas licensee” means a person holding a gas licence; “gas main” means any gas pipe used for the distribution of gas from a gas transmission pipeline to a consumer but does not include a gas service pipe or an internal pipe; “gas mains network” means a network of interconnected gas mains and related equipment; “Gas Network Code” means a code issued by the Authority or modified under section 61B; “gas pipeline” means a gas transmission pipeline, a gas main or a gas service pipe; “gas pipeline network” means a gas transmission network, a gas mains network and gas service pipes; “gas plant” means any valve, regulator, plant, pipe, equipment or apparatus used for, or for purposes connected with, the production, processing, conveyance, storage or shipping of gas; “gas retailer” means a person holding a gas retailer’s licence; “gas retailer’s licence” means a licence granted under section 7(3)( d ); “gas service isolation valve” means a valve, located at or near the boundary line of any property or the apron of any building, used by a gas transporter to isolate the supply of gas to that property or building; “gas service pipe” means a pipe or any part thereof, other than a gas main, used for the purpose of conveying gas from a gas main to a gas service isolation valve; [Act 27 of 2024 wef 01/09/2025] “gas service work” means any work carried out on any gas installation or gas appliance, in whole or in part, including any design, construction, installation, commissioning, erection, testing, repair, addition, alteration or maintenance work; “gas service worker” means a person carrying on the activities referred to in section 11(1); “gas shipper” means a person holding a gas shipper’s licence; “gas shipper’s licence” means a licence granted under section 7(3)( c ); “gas supply system” means all gas pipeline networks, gas plants and other related equipment owned by, or under the management or control of, all gas transporters for the purpose of supplying gas to consumers; “gas tightness” means the freedom from leak when a gas pipeline network, gas installation or gas fitting is tested at the appropriate test pressure; “gas transmission pipeline” means a bulk transmission pipeline or interconnected transmission pipeline, together with equipment (including pressure regulating and control valves) used for the conveyance of gas to a direct access customer or a gas mains network, and “gas transmission network” is to be construed accordingly; “gas transport agent” means a person holding a gas transport agent’s licence; “gas transport agent’s licence” means a licence granted under section 7(3)( b ); “gas transporter” means a person holding a gas transporter’s licence; “gas transporter’s licence” means a licence granted under section 7(3)( a ); “hotwork” means any work on a non-isolated gas pipeline network involving the use of a local source of ignition and includes welding, gas‑cutting, grinding, chipping, and any process capable of generating heat, sparks or both, which may be capable of igniting flammable vapour or any other combustible material; “import”, in relation to natural gas or LNG, means to bring or cause to be brought into Singapore by any means, the natural gas or LNG from any place outside Singapore, other than any such natural gas or LNG in transit or to be transhipped; but does not include the actual conveyance of such natural gas in connection therewith; “information” includes information contained in electronic records; “internal pipe” means any pipe, not being a gas pipeline, used for the purpose of conveying gas from a gas service pipe to a gas appliance, including a gas fitting inserted therein but excluding a meter; “licensed gas business” means the business of a gas licensee in carrying on the activity in respect of which it holds a gas licence; “licensed gas service worker” means a person who is licensed under section 12(3); “liquefied natural gas” or “LNG” means natural gas in its liquefied state; “LNG terminal” means a facility located onshore or in Singapore waters which is used to receive, store or gasify LNG that is imported into Singapore and at which all or any of the following activities are carried out in relation to any LNG received at the facility (including after it has been gasified thereat): ( a ) adjustment of pressure or flow rate; ( b ) adjustment of temperature; ( c ) filtering; ( d ) metering; “LNG terminal operator” means a person holding an LNG terminal operator’s licence; “LNG terminal operator’s licence” means a licence granted under section 7(3)( f ); “meter” means any device for computing the volume of gas supplied or amount of energy supplied, for charging purposes, but does not include a check meter; “meter installation” means any meter and its associated equipment and installation, including any associated pipework, filter, valve, pressure regulating equipment, seal, housing, mounting, telemetry equipment, gas chromatograph and flow computer; “natural gas” means any mixture of gaseous hydrocarbons which is conveyed by gas pipes and is composed of — ( a ) predominantly methane; and ( b ) as to the remainder, varying amounts of other hydrocarbons and other combustible and non‑combustible gases; “natural gas or LNG in transit” means any natural gas or LNG that is brought into Singapore by any means solely for the purpose of being taken out of Singapore by the same or any other means, without such natural gas or LNG being brought into an onshore receiving facility or LNG terminal, or kept at any place in Singapore, pending its being taken out of Singapore; “occupier” means the person in occupation of any premises and includes the person having the charge, management or control of the premises either on the person’s own account or as agent for another person, but does not include a lodger; “onshore receiving facility” means a facility located in Singapore upstream of an onshore gas transmission network owned by, or under the management or control of, a gas transporter, and at which all or any of the following activities are carried out in relation to any gas received at the facility: ( a ) adjustment of pressure or flow rate; ( b ) adjustment of temperature; ( c ) filtering; ( d ) metering; “onshore receiving facility operator” means a person holding an onshore receiving facility operator’s licence; “onshore receiving facility operator’s licence” means a licence granted under section 7(3)( e ); “premises” means any building, structure or other place to which gas is, or is to be, conveyed; “prescribed generation entity” has the meaning given by section 41G of the Electricity Act 2001; [Act 27 of 2024 wef 01/09/2025] “production” means the production of gas from a production well or a manufacturing plant; “public safety” means the obviation of danger to the general public and to any public place or public property; “regulations” means regulations made under this Act; “relevant gas main”, in relation to a gas transporter, means a gas main under the control of that gas transporter which is in the area specified in its gas transporter’s licence and is used for conveying gas to any premises; “relevant gas retailer” means, in relation to a consumer other than a direct access customer, the gas retailer who supplies that consumer with gas conveyed to the premises of that consumer; “relevant gas shipper” means, in relation to a consumer who is a direct access customer, the gas shipper who makes arrangements with a gas transporter for gas to be conveyed to the premises of that consumer; “retail” means the supply of gas to a consumer other than a direct access customer, and “retailer” and “retailing” are to be construed accordingly; “shipping”, in relation to gas, means arranging with a gas transporter for gas to be introduced into, conveyed by and taken out


document_id: ga-2001
provision_ref: s3
chapter: PART 2 - ADMINISTRATION
section: 3
title: Authority to administer Act
content:
3. —(1) The Authority is charged with the general administration of this Act and the exercise of the functions and duties imposed on the Authority by this Act. (2) The Authority may authorise any person to assist it in the exercise of its functions and duties under this Act, either generally or in a particular case. (3) Subject to the provisions of this Act, it is the function and duty of the Authority — ( a ) to protect the interests of consumers with regard to — (i) the prices and other terms for the supply of gas; (ii) the reliability, availability and continuity of the supply of gas; and (iii) the quality of gas supply services provided; ( b ) to protect the public from dangers (including to health) arising from the import, production, processing, storage, conveyance, shipping, supply or use of gas; ( c ) to secure that gas licensees whose prices are controlled by the Authority are able to provide an efficient service and maintain financial viability; ( d ) to promote the efficient use of gas by consumers; ( e ) to promote competition in the supply of natural gas; ( f ) to perform the functions of economic, technical and safety regulator for the gas industry in Singapore; ( g ) to ensure security of supply of gas to consumers and to arrange for the secure operation of the gas transmission network in accordance with the Gas Network Code or other codes of practice; ( h ) to advise the Government on all matters relating to the production, processing, storage, conveyance, shipping, supply or use of gas; and ( i ) to do such other things as are required under this Act and to take such steps as are necessary or expedient for the effective discharge of its functions and duties under this Act. [43/2018] (4) In performing its functions and exercising its powers, the Authority must — ( a ) use its reasonable endeavours to apply principles and methodologies to gas licensees who conduct similar activities within a particular sector of the gas industry in a non-discriminatory manner; and ( b ) act in a reasonable manner in all circumstances. (5) Nothing in this section is to be construed as imposing on the Authority, directly or indirectly, any form of duty or liability enforceable by proceedings before any court. (6) For the purposes of this section, “consumers” includes both existing and future consumers of gas.


document_id: ga-2001
provision_ref: s4
chapter: PART 2 - ADMINISTRATION
section: 4
title: Power to obtain information
content:
4. —(1) The Authority or any authorised officer may by notice require any person to furnish, within a reasonable period specified in the notice, all information and documents relating to all such matters as may reasonably be required by the Authority to carry out the functions or duties assigned to the Authority by or under this Act, which are within the knowledge of that person or in that person’s custody or under that person’s control. (2) The power to require a person to furnish any information or document under subsection (1) includes the power — ( a ) to require that person, or any person who is or was an officer or employee of that person, to provide an explanation of the information or document; ( b ) if the information or document is not furnished, to require that person to state, to the best of that person’s knowledge and belief, where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the Authority in legible form. [24/2007] (3) Any person who, without reasonable excuse, fails to do anything required of the person by notice under subsection (1) shall be guilty of an offence. (4) Any person who — ( a ) intentionally alters, suppresses or destroys any information or document which the person has been required by any notice under subsection (1) to furnish; or ( b ) in furnishing any information or document required by any notice under subsection (1), makes any statement which the person knows to be false in a material particular or recklessly makes such a statement, shall be guilty of an offence. (5) If any person fails to comply with a notice under subsection (1), the court may, on the application of the Authority, make such order as the court thinks fit to secure compliance with such notice. (6) Any order referred to in subsection (5) may provide that all the costs and expenses of and incidental to the application are to be borne by such person or by any officer of a company or other association who is responsible for the failure. (7) The Authority through an authorised officer may, at any time after the expiry of the period specified in the notice referred to in subsection (1), enter any building or place where the Authority has reason to believe that any information or document in respect of which it has given the notice may be found, and seize or take extracts or copies of any such information or document. (8) The Authority is entitled without payment to keep any information or document, or any copy or extract thereof, furnished to it under subsection (1) or obtained under subsection (7). [24/2007] (9) Except in the performance of the person’s functions or duties or when required to do so by any court or under any written law, a person who is or has been a member, an officer, an employee or an agent of the Authority or a member of a committee of the Authority must not disclose any information relating to the affairs of the Authority or of any other person which has been obtained by the firstmentioned person in the performance of the firstmentioned person’s functions or duties. (10) Any person who contravenes subsection (9) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: ga-2001
provision_ref: s5
chapter: PART 2 - ADMINISTRATION
section: 5
title: Restriction on disclosure of confidential information
content:
5. —(1) This section applies if — ( a ) any information or document is given by a person to the Authority under this Act (other than Part 9); and ( b ) at the time such information or document is given, the person giving it notifies the Authority in writing that it is of a confidential or commercially sensitive nature. (2) The Authority must not disclose to any person the information or the contents of a document to which this section applies unless — ( a ) the Authority is of the opinion that — (i) the disclosure of the information or the contents of the document would not cause detriment to the person supplying it or to any other person who is aware of the information or document; or (ii) although the disclosure of the information or the contents of the document would cause detriment to the person supplying it or to any other person who is aware of the information or the contents of the document, the public benefit in disclosing outweighs that detriment; ( b ) the Authority gives written notice to — (i) the person who supplied the information or document; and (ii) any other person whom the Authority is aware has supplied the information or document to the person referred to in sub‑paragraph (i), where the identity of such other person is known to the Authority, stating that the Authority wishes to disclose the information or contents of the document, specifying the nature of the intended disclosure and detailed reasons why the Authority wishes to make the disclosure and setting out a copy of this section; and ( c ) no appeal is made to the Minister under subsection (3) within 7 days of the date of the giving of the notice. (3) A person aggrieved by a notice under subsection (2)( b ) may appeal to the Minister under section 93(1)( a ) within 7 days of the date of the giving of the notice. [24/2007] (4) Subsection (2) does not prevent the Authority from disclosing any information or the contents of any document — ( a ) to any member, officer or employee of the Authority or any agent, consultant, committee or panel acting for or under the direction of the Authority; ( b ) to the Minister or any agent, consultant, committee or panel acting for or under the direction of the Minister; ( c ) to an Appeal Panel; ( d ) when required to do so by any court or under this Act or any other written law; or ( e ) for the purposes of any criminal proceedings. [24/2007] (5) For the purposes of this section, the disclosure of any information or the contents of a document already in the public domain at the time the Authority wishes to disclose it cannot cause detriment to any person referred to in subsection (2)( a ).


document_id: ga-2001
provision_ref: s6
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO GAS
section: 6
title: Prohibition on unauthorised activities relating to gas
content:
6. —(1) Subject to subsections (2), (3) and (4), no person may — ( a ) convey gas — (i) through a gas pipeline or gas pipeline network to any premises; or (ii) to a gas pipeline or gas pipeline network owned by, or under the management or control of, a gas transporter; ( b ) convey gas for or on behalf of a gas transporter (other than as an employee of the gas transporter); ( c ) ship gas on or after such date as the Minister may, by order in the Gazette , specify; ( d ) retail gas on or after such date as the Minister may, by order in the Gazette , specify; ( e ) manage or operate any onshore receiving facility, whether — (i) for the person; or (ii) as principal, or for or on behalf of any other person (other than as an employee); ( f ) manage or operate any LNG terminal; ( g ) produce town gas on or after such date as the Minister may, by order in the Gazette , specify; ( ga ) import natural gas or liquefied natural gas for use by a prescribed generation entity; [Act 27 of 2024 wef 01/09/2025] ( h ) import natural gas or liquefied natural gas for the person’s own use or for use by any person other than a prescribed generation entity; or [Act 27 of 2024 wef 01/09/2025] ( i ) carry on any other activity relating to gas that the Minister may, by order in the Gazette , specify, unless the person is authorised to do so by a gas licence or is exempted under section 8. [24/2007] (2) A person may, without a licence — ( a ) convey, in any premises or part thereof in which that person has an interest, gas supplied for use in the premises; or ( b ) sell, for use in any premises or part thereof in which that person has an interest, gas retailed for use in the premises by a gas retailer. [24/2007] (3) A person who is not incorporated in Singapore and does not have a place of business in Singapore may, without a licence, manage or operate an onshore receiving facility as principal if — ( a ) the person appoints a person who is incorporated in Singapore or has a place of business in Singapore to manage or operate the onshore receiving facility on the firstmentioned person’s behalf (other than as an employee); and ( b ) that person is licensed for the purpose of subsection (1)( e )(ii). [24/2007] (4) A person may, without a licence, manage or operate an onshore receiving facility on behalf of a principal, whether or not the person is incorporated in Singapore or has a place of business in Singapore, if — ( a ) the person’s principal is incorporated in Singapore or has a place of business in Singapore; and ( b ) the person’s principal is licensed for the purpose of subsection (1)( e )(ii). [24/2007] (5) An order under subsection (1)( i ) may provide for — ( a ) the application of the provisions of this Act to the activity specified in the order subject to such exceptions or modifications as may be specified in the order; ( b ) matters relating to the regulation of the activity specified, including the prescribing of fees and charges; ( c ) the conditions which may be included in a licence authorising the carrying on of the activity specified in the order; and ( d ) generally for giving full effect to or for carrying out the purposes of the order. [24/2007] (6) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction. [24/2007]


document_id: ga-2001
provision_ref: s7
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO GAS
section: 7
title: Application for gas licence, etc.
content:
7. —(1) An application for a licence, an extension to a licence or an exemption under this Part must — ( a ) be made in writing to the Authority and must be in such form as may be determined by the Authority; and ( b ) be accompanied by such information, document and fee as may be determined by the Authority. [24/2007] (2) In determining whether to grant or extend a licence to or for a particular person, the Authority must consider the following: ( a ) the ability of that person to finance the carrying on of the particular activity; ( b ) the experience of that person in carrying on the activity, and that person’s ability to perform the duties which would be imposed on that person under this Act and the licence; ( c ) in the case of a gas retailer’s licence, in relation to that person — (i) the quantities of gas available, or which are anticipated to be available, to that person for retail purposes; and (ii) the sufficiency of rights held, or which are anticipated to be held, by that person to ship gas to premises for retail purposes; ( d ) in the case of a gas importer’s licence, in relation to that person, the quantities of natural gas or liquefied natural gas available, or which are anticipated to be available, to that person for import; ( e ) whether or not that person is related to any gas licensee or any person exempted under section 8; and ( f ) the functions and duties of the Authority under section 3. [24/2007] (3) The Authority may grant or extend — ( a ) for any or all of the purposes referred to in section 6(1)( a ), a gas transporter’s licence; ( b ) for the purpose referred to in section 6(1)( b ), a gas transport agent’s licence; ( c ) for the purpose referred to in section 6(1)( c ), a gas shipper’s licence; ( d ) for the purpose referred to in section 6(1)( d ), a gas retailer’s licence; ( e ) for any or all of the purposes referred to in section 6(1)( e ), an onshore receiving facility operator’s licence; ( f ) for any or all of the purposes referred to in section 6(1)( f ), an LNG terminal operator’s licence; ( g ) for the purpose referred to in section 6(1)( g ), a town gas producer’s licence; ( ga ) for the purpose referred to in section 6(1)( ga ), a gas importer’s licence (central import); [Act 27 of 2024 wef 01/09/2025] ( h ) for any or all of the purposes referred to in section 6(1)( h ), a gas importer’s licence (non-central import); and [Act 27 of 2024 wef 01/09/2025] ( i ) for the purpose referred to in paragraph ( i ) of section 6(1), a licence for such activity as may be specified in any order made under that paragraph. [24/2007] [Act 37 of 2021 wef 29/01/2022] (4) A gas transporter’s licence granted or extended for the purpose referred to in section 6(1)( a )(i) must specify the area to which the licence relates, which area may include any part of an area specified in an existing licence granted to another person under this section. [24/2007] (5) A gas licence must not be granted to any person, if the grant of the licence may, in the opinion of the Authority, give rise to a conflict of interest in the discharge of any duty imposed on the person under this Act, the Electricity Act 2001 or any other licence granted to the person under this section. [24/2007] (6) A gas transporter’s licence must not be granted to — ( a ) a gas retailer, gas shipper or town gas producer; or ( b ) a person who is the holder of a licence under section 9(1)( a ), ( d ), ( e ) or ( g ) of the Electricity Act 2001. [24/2007] (7) A gas transport agent’s licence must not be granted to a gas retailer, gas shipper or town gas producer. [24/2007] (8) A gas shipper’s licence must not be granted to a gas transporter or gas transport agent. [24/2007] (9) A gas retailer’s licence must not be granted to a gas transporter or gas transport agent. [24/2007] (10) Without affecting the application of section 6(3) and (4), an onshore receiving facility operator’s licence must not be granted to any person who is not incorporated in Singapore and does not have a place of business in Singapore. [24/2007] (11) A town gas producer’s licence must not be granted to a gas transporter or gas transport agent. [24/2007] (11A) A gas importer’s licence (central import) must not be granted to more than one person. [Act 27 of 2024 wef 01/09/2025] (11B) To avoid doubt, where a person holding a gas importer’s licence (central import) provides gas to a prescribed generation entity that is not a direct access customer, the provision is by way of a retail of the gas. [Act 27 of 2024 wef 01/09/2025] (12) Every licence granted or extended under this Part continues in force, unless it is revoked or suspended, for such period as may be specified in the licence. [24/2007]


document_id: ga-2001
provision_ref: s8
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO GAS
section: 8
title: Exemption
content:
8. —(1) The Authority may, with the approval of the Minister, by order in the Gazette , exempt any person or class of persons from complying with section 6(1) for any specified period — ( a ) generally or to such an extent as may be specified in the order; and ( b ) unconditionally or subject to such conditions as may be specified in the order. (2) Without limiting subsection (1)( b ), the conditions of an exemption may require any person carrying on any activity in pursuance of the exemption — ( a ) to comply with any direction given by the Authority as to such matters as are specified in the exemption order or are of a description so specified; ( b ) to do or not to do such things as are specified in the exemption order or are of a description so specified, except insofar as the Authority consents to the person’s doing or not doing them; and ( c ) to refer for determination by the Authority such questions arising under the exemption as are specified in the exemption order or are of a description so specified. (3) If any condition of an exemption granted to a class of persons is not complied with by any person of that class, the Authority may give to that person a direction declaring that the exemption is revoked, insofar as it relates to that person, to such extent and from such date as may be specified in the direction. (4) An exemption order continues in force, unless it is revoked, for such period as may be specified in the order. (5) In granting an exemption under this section, the Authority must act in a manner so as not to discriminate between members of a particular class.


document_id: ga-2001
provision_ref: s9
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO GAS
section: 9
title: Conditions of gas licences
content:
9. —(1) A gas licence may include such restrictions or conditions (whether or not relating to the activities authorised by the gas licence) as appear to the Authority to be requisite or expedient having regard to the functions and duties of the Authority under section 3. (2) Without limiting subsection (1), a gas licence may include conditions — ( a ) restricting the activities which the gas licensee is permitted to carry out; ( b ) requiring payments to be made to the Authority on the grant, or during the currency, of a gas licence or both, of such amount as may be determined by or under the gas licence; ( c ) requiring the gas licensee to furnish specified persons or the Authority in such manner and at such times as may be specified with such information as appears to the Authority to be requisite or expedient for the purpose of facilitating the exercise by those persons or the Authority of the functions or duties assigned to them or as may be reasonably required for that purpose; ( d ) requiring the gas licensee to furnish to the Authority financial information including regulatory accounts in respect of such period and on such basis as may be specified; ( e ) controlling, limiting or restricting — (i) the ownership or control, directly or indirectly, of the gas licensee; (ii) the creation, holding or disposal of any interest in shares in the gas licensee or in any person holding shares in the gas licensee; or (iii) any other interest in the licensed gas business or undertaking of the gas licensee or any part thereof; ( f ) requiring the gas licensee to comply with any direction, determination, order or decision of the Authority as to such matters specified in its gas licence or are of a description so specified; ( g ) requiring the gas licensee to do or not to do such things as are specified in its gas licence or are of a description so specified, except insofar as the Authority consents to its doing or not doing them, as the case may be; ( h ) requiring the gas licensee to comply with any code of practice and standard of performance applicable to the gas licensee; ( i ) providing for the determination by the Authority of such questions arising under the gas licence, or under any document specified or described in the gas licence; ( j ) imposing requirements by reference to designation, acceptance or approval by the Authority; ( k ) providing for references in the conditions of the gas licence to any document specified or described in the gas licence to operate as references to that document as revised or reissued from time to time; ( l ) providing that the conditions of the gas licence have effect or cease to have effect at such times and in such circumstances as may be determined by or under the conditions; ( m ) requiring the gas licensee to provide a performance bond, guarantee or any other form of security on such terms and conditions as the Authority may determine; and ( n ) where the gas licensee is not incorporated or does not have a place of business in Singapore, requiring the gas licensee to appoint, and notify the Authority of, a person who has a residential address or a place of business in Singapore to accept service on behalf of the gas licensee of any notice, order or document required or authorised by this Act to be given or served on the gas licensee. [24/2007] (3) Without limiting subsection (1), a gas transporter’s licence may include conditions — ( a ) requiring the gas transporter to enter into an arrangement with any person for — (i) the conveyance of gas through a gas pipeline or gas pipeline network owned by, or under the management or control of, the gas transporter; and (ii) such other purposes as may be specified in the gas transporter’s licence, on such terms as may be approved by the Authority; ( b ) identifying specified agreements or classes of agreements which the gas transporter may only enter into on such terms as may be approved by the Authority; ( c ) pertaining to the transmission and distribution of gas; ( d ) requiring the gas transporter to have in place procedures to be followed in the event of a public emergency and requiring it to maintain a national gas emergency service for the gas supply system; ( e ) requiring the gas transporter to appoint, at such intervals and on such terms as the Authority may direct, an independent technical auditor for the purposes specified in any such condition; ( f ) requiring the gas transporter to interconnect one or more gas pipelines or gas pipeline networks or to convert a gas pipeline network to allow for the conveyance of natural gas through that gas pipeline network; ( g ) pertaining to the prices to be charged by the gas transporter for use of a gas pipeline or gas pipeline network owned by, or under the management or control of, the gas transporter and the methods by which such charges are to be determined; and ( h ) requiring the gas transporter to establish and maintain arrangements with respect to the provision of special services for meeting the needs of consumers who are chronically sick, disabled or elderly or as appear to the Authority to be requisite or expedient having regard to those duties. [24/2007] (4) Without limiting subsection (1), a gas retailer’s licence may include conditions — ( a ) requiring the gas retailer to secure such rights for the conveyance of gas through a gas pipeline or gas pipeline network owned by, or under the management or control of, a gas transporter as are necessary for the purposes of complying with obligations owed by the gas retailer to consumers connected to such gas pipeline or gas pipeline network; ( b ) requiring the gas retailer to establish and maintain arrangements with respect to the provision of special services for meeting the needs of consumers who are chronically sick, disabled or elderly or as appear to the Authority to be requisite or expedient having regard to those duties; ( c ) requiring the gas retailer to act as a retailer of last resort in the event of the failure or default of another gas retailer; ( d ) pertaining to converting a gas pipeline network to allow for the conveyance of natural gas through a gas pipeline network; and ( e ) pertaining to the prices to be charged by the gas retailer for the retailing of gas and the methods by which such charges are determined. [24/2007] (5) Without limiting subsection (1), an onshore receiving facility operator’s licence may include conditions — ( a ) requiring the onshore receiving facility operator to — (i) have in place procedures for compliance by the operator in the event of a public emergency; and (ii) have emergency response capabilities; and ( b ) requiring the onshore receiving facility operator to appoint, at such intervals and on such terms as the Authority may direct, an independent technical auditor for the purposes specified in any such condition. [24/2007] (6) Without limiting subsection (1), an LNG terminal operator’s licence may include conditions — ( a ) pertaining to the type, specifications and use of the LNG terminal; ( b ) requiring the LNG terminal operator to — (i) have in place procedures for compliance by the operator in the event of a public emergency; and (ii) have emergency response capabilities; ( c ) pertaining to the quantities of natural gas or liquefied natural gas which may be received, stored or processed at the LNG terminal; ( d ) regulating the terms and conditions of any service provided at the LNG terminal; and ( e ) requiring the LNG terminal operator to appoint, at such intervals and on such terms as the Authority may direct, an independent technical auditor for the purposes specified in any such condition. [24/2007] (7) Without limiting subsection (1), a gas importer’s licence may include a condition controlling the quantities of natural gas or liquefied natural gas to be imported. [24/2007] (8) Without limiting subsection (1) or (7), a gas importer’s licence (central import) may include conditions — ( a ) requiring the gas importer to obtain (by import or otherwise) gas for use by any prescribed generation entity from sources that are specified in such condition or are of a description so specified, except insofar as the Authority consents otherwise; ( b ) requiring any arrangement under which the gas importer obtains (by import or otherwise) such gas — (i) to be for a maximum or minimum period — (A) specified in such condition, except insofar as the Authority consents otherwise; or (B) as may be approved by the Authority; (ii) to be for an amount of gas — (A) that is specified in such condition or determined in the manner or method specified in the condition, except insofar as the Authority consents otherwise; or (B) as may be approved by the Authority; and (iii) to include or not include the terms that are specified in such condition or are of a description so specified, except insofar as the Authority consents otherwise, or to be on such terms as may be approved by the Authority; ( c ) requiring the gas importer to include or not include in its contract to provide gas to any person (whether or not a prescribed generation entity) any terms that are specified in the condition or of a description so specified, except insofar as the Authority consents otherwise, but not any term or condition prescribed under section 103(2)( ka ) of the Electricity Act 2001; ( d ) without limiting paragraph ( c ), pertaining to the prices to be charged by the gas importer for gas provided by it to any person, and the methods by which such charges are determined; ( e ) without limiting paragraphs ( a ) to ( d ), requiring the gas importer to obtain the prior approval of the Authority to enter into any contract, and for any modification, or renewal or extension, of any contract entered into by it — (i) to obtain gas (by import or otherwise); or (ii) to provide gas to a prescribed generation entity or any other person (for the purpose of generating electricity or otherwise); ( f ) requiring the gas importer to maintain a national stockpile of gas; and ( g ) requiring the gas importer to have in place procedures to be followed in the event of a public emergency (including the manner of distribution of gas out of the national stockpile of gas), and for the procedures to be approved by the Authority. [Act 27 of 2024 wef 01/09/2025] (9) The reference in subsection (8)( e ) to a modification, or renewal or extension, of a contract includes a modification, renewal or extension made on or after the date of commencement of section 29 of the Energy Transition Measures and Other Amendments Act 2024, to a contract entered into before that date. [Act 27 of 2024 wef 01/09/2025]


document_id: ga-2001
provision_ref: s10
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO GAS
section: 10
title: Prohibition on transfer of gas licence without consent of Authority
content:
10. —(1) No gas licence may be transferred without the prior written consent of the Authority. (2) Any purported transfer of a gas licence is void.


document_id: ga-2001
provision_ref: s11
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO GAS
section: 11
title: Licensing of gas service worker
content:
11. —(1) No person may — ( a ) carry out or offer or undertake to carry out any gas service work; or ( b ) advertise or otherwise hold himself or herself out, or conduct himself or herself, in any way or by any means as a gas service worker or as a person who carries out or who is qualified by any written law to carry out gas service work, unless he or she is registered as a professional engineer and has a valid practising certificate under the Professional Engineers Act 1991, or holds a valid gas service worker licence in respect of the specific class of work being carried out or to be carried out. [24/2007] (2) Any person who contravenes subsection (1) shall be guilty of an offence. [24/2007] (3) This section does not apply to a gas transporter, a gas transport agent, or an employee of a gas transporter or gas transport agent. [24/2007]


document_id: ga-2001
provision_ref: s12
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO GAS
section: 12
title: Application for gas service worker licence
content:
12. —(1) Any person who wishes to be a licensed gas service worker must apply to the Authority. (2) An application under subsection (1) must be made in such manner or form as the Authority may determine and must be accompanied by the prescribed fee and such documents and particulars as the Authority may determine. (3) The Authority may, in its discretion, license a gas service worker either unconditionally or subject to such conditions as it thinks fit, or may refuse to license him or her. (4) The Authority may at any time vary or revoke any of the existing conditions of a gas service worker licence or impose new conditions or suspend or cancel such licence. (5) The Authority may license gas service workers under different classes for different types of gas service work. (6) Any person holding a gas service worker licence granted under section 100 of the Public Utilities Act (Cap. 261, 1996 Revised Edition) in force immediately before 14 February 2008 is, unless the Authority directs otherwise, deemed to be a licensed gas service worker under this Act.


document_id: ga-2001
provision_ref: s13
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO GAS
section: 13
title: Engagement of unlicensed gas service worker prohibited
content:
13. Any person who employs or instructs any person who is not a licensed gas service worker to carry out or cause to be carried out any gas service work shall be guilty of an offence.


document_id: ga-2001
provision_ref: s14
chapter: PART 4 - MODIFICATION AND ENFORCEMENT OF GAS LICENCES
section: 14
title: Power to modify gas licences
content:
14. —(1) The Authority may modify any condition of any gas licence in accordance with this Part. (2) The Authority must not modify any condition of a gas licence unless the Authority is satisfied that the modification is requisite or expedient having regard to the functions and duties of the Authority under section 3.


document_id: ga-2001
provision_ref: s15
chapter: PART 4 - MODIFICATION AND ENFORCEMENT OF GAS LICENCES
section: 15
title: Notice of proposal to modify
content:
15. —(1) Where the Authority proposes to modify any condition of a gas licence, the Authority must give notice to the gas licensee and other gas licensees likely to be affected by the proposed modification — ( a ) stating that the Authority proposes to make a modification to the condition of the gas licence; ( b ) setting out the nature and effect of the modification; ( c ) stating the reasons why the Authority proposes to make the modification, including whether the need for the modification was the subject of a prior representation made by a third party or the affected gas licensee; and ( d ) specifying the period (not being less than 28 days from the date of the service of the notice on the gas licensee) within which representations with respect to the proposed modification may be made. (2) Where the Authority receives any written representation under subsection (1), the Authority must consider such representation and may — ( a ) reject the representation; or ( b ) withdraw or amend the proposed modification in accordance with the representation or otherwise.


document_id: ga-2001
provision_ref: s16
chapter: PART 4 - MODIFICATION AND ENFORCEMENT OF GAS LICENCES
section: 16
title: Modification
content:
16. —(1) Upon the expiry of the period referred to in paragraph ( d ) of section 15(1) and upon the consideration of any representation received under that paragraph, the Authority may, by issuing a written direction to the gas licensee, modify the condition of the gas licence, and, subject to subsection (2), the modification is effective from such date as the Authority may specify in the direction. (2) A modification made in accordance with this Part may not be effective earlier than — ( a ) the end of the period referred to in section 15(1)( d ) unless the gas licensee consents to the modification being effective prior to the end of such period; or ( b ) the date of the end of the period referred to in section 17 or the date on which the Appeal Panel directs under section 85(8) that the modification should be made, whichever is later.


document_id: ga-2001
provision_ref: s17
chapter: PART 4 - MODIFICATION AND ENFORCEMENT OF GAS LICENCES
section: 17
title: Appeal against modification
content:
17. Any gas licensee aggrieved by a decision of the Authority to modify its gas licence may, within 14 days of receipt of a direction made under section 16(1), appeal to the Appeal Panel under Part 10.


document_id: ga-2001
provision_ref: s18
chapter: PART 4 - MODIFICATION AND ENFORCEMENT OF GAS LICENCES
section: 18
title: Power to revoke or suspend gas licence
content:
18. —(1) If the Authority is satisfied that — ( a ) a gas licensee has gone into compulsory liquidation or voluntary liquidation other than for the purpose of amalgamation or reconstruction; ( b ) a gas licensee has made any arrangement, compromise or composition with any of its creditors; ( c ) any circumstance specified in a gas licensee’s gas licence giving rise to the Authority’s power to revoke or suspend the licence exists; ( d ) a gas licensee has not complied with any direction or requirement issued by the Authority under section 19; or ( e ) the public interest or security of Singapore requires, the Authority may, by written notice and without payment of any compensation, revoke or suspend the gas licence for such period as the Authority thinks fit. (2) In the case of subsection (1)( c ) or ( d ), the Authority may further require the payment by the gas licensee of a financial penalty, in addition to any sanction imposed under section 19, of an amount not exceeding 10% of the annual turnover of the gas licensee’s licensed gas business ascertained from its latest audited accounts, or an amount not exceeding $1 million, whichever is higher.


document_id: ga-2001
provision_ref: s19
chapter: PART 4 - MODIFICATION AND ENFORCEMENT OF GAS LICENCES
section: 19
title: Enforcement
content:
19. If the Authority is satisfied that a gas licensee is contravening, is likely to contravene or has contravened any condition of its gas licence, any provision of any code of practice or standard of performance applicable to the gas licensee, any provision of this Act, or any direction (including a direction under paragraph ( a )) issued by the Minister or the Authority to, or applicable to, the gas licensee, the Authority may by written notice to the gas licensee do one or more of the following: ( a ) direct the gas licensee to do or not to do such things as are specified in such direction; ( b ) require the gas licensee to provide a performance bond, guarantee or other form of security on such terms and conditions as the Authority may determine; and ( c ) where the gas licensee is contravening or has so contravened such condition, provision or direction, require the payment of a financial penalty of an amount not exceeding 10% of the annual turnover of the gas licensee’s licensed gas business ascertained from its latest audited accounts, or an amount not exceeding $1 million, whichever is the higher. [24/2007] 20. [ Repealed by Act 24 of 2007 ]


document_id: ga-2001
provision_ref: s21
chapter: PART 5 - GAS TRANSPORTERS
section: 21
title: General duties of gas transporter
content:
21. —(1) It is the duty of a gas transporter — ( a ) to develop and maintain a safe, efficient, reliable and economical gas pipeline or gas pipeline network for the conveyance of gas; ( b ) subject to paragraph ( a ), to comply, so far as it is economical to do so, with any reasonable request to connect to that gas pipeline or gas pipeline network, and convey gas by means of that gas pipeline or gas pipeline network to, any premises; and ( c ) to carry on its licensed gas business at all times in such a manner so as not to prevent, restrict or otherwise hinder the development of competition in any gas market in Singapore. (2) It is the duty of a gas transporter to avoid undue preference or undue discrimination — ( a ) in the terms on which it undertakes the conveyance of gas by any gas pipeline or gas pipeline network owned by, or under the management or control of, the gas transporter; or ( b ) in the connection of premises to such a gas pipeline or gas pipeline network. [24/2007]


document_id: ga-2001
provision_ref: s22
chapter: PART 5 - GAS TRANSPORTERS
section: 22
title: Duty to connect
content:
22. —(1) Subject to the provisions of this Act, a gas transporter must, on the request of the owner or occupier of any premises, provide and install a gas service isolation valve, provide and lay a gas service pipe from the relevant gas main to the gas service isolation valve and connect such premises to the relevant gas main. [24/2007] (2) Where any connection is made under subsection (1), the costs of providing and installing the gas service isolation valve, providing and laying the gas service pipe and making the connection may only be recovered by the gas transporter from the owner or occupier of the premises (as the case may be) to the extent that the costs have not been previously recovered from any other person. [24/2007] (3) Where any premises have been connected to a relevant gas main under — ( a ) this Act; ( b ) any written law which has been repealed; or ( c ) any arrangement entered into by the owner or occupier of the premises prior to 11 June 2007, the gas transporter must maintain the connection until such time as it is no longer required by the owner or occupier of the premises at that time. [24/2007] (4) Nothing in subsection (1) or (3) requires the gas transporter to connect, or maintain a connection of, a relevant gas main to any premises, if — ( a ) the gas transporter is unable to do so by circumstances beyond its control; or ( b ) there exist circumstances, which by reason of the gas transporter doing so, would involve a danger to the public. [24/2007] (5) If the connection, or the maintenance of the connection, of any premises to a relevant gas main under this section — ( a ) will result in a new or an increased supply of gas to those premises; and ( b ) the new or increased supply of gas cannot be made without the laying of a new, or the enlargement of an existing, gas main or the undertaking of other works related to the conveyance of gas to those premises, the gas transporter may refuse to make or maintain the connection until such time as the owner or occupier of those premises when the new or increased supply is being required enters into an agreement with the gas transporter for the payment of a reasonable amount to the gas transporter having regard to — ( c ) the costs to be incurred by the gas transporter in laying or enlarging the relevant gas main or undertaking other works related to the conveyance of gas to those premises; and ( d ) the extent to which such costs can be recovered from other persons. [24/2007] (6) The owner or occupier of any premises must grant the gas transporter rights of access to lay, install, maintain, repair, alter or remove any gas service isolation valve or gas service pipe in the premises of the owner or occupier, as the case may be. [24/2007]


document_id: ga-2001
provision_ref: s23
chapter: PART 5 - GAS TRANSPORTERS
section: 23
title: Power to require security
content:
23. —(1) Where any person requires a connection to be made under section 22(1), a gas transporter may require the person to give it reasonable security for the payment to it of all costs which may become due to it in respect of the provision and installation of the gas service isolation valve, the provision and laying of the gas service pipe and the making of the connection. [24/2007] (2) If the person fails to give such security, or the security given has become invalid or insufficient, the gas transporter may refuse to provide and install the gas service isolation valve, provide and lay the gas service pipe or make the connection for so long as the failure or insufficiency continues. [24/2007]


document_id: ga-2001
provision_ref: s24
chapter: PART 5 - GAS TRANSPORTERS
section: 24
title: Power to recover expenditure
content:
24. Except as otherwise provided in section 22, where any gas main or gas plant is procured or provided by a gas transporter, the gas transporter may require any expenses reasonably incurred in procuring or providing such gas main or gas plant to be defrayed by any person requiring the connection to be made to such extent as is reasonable in all the circumstances.


document_id: ga-2001
provision_ref: s25
chapter: PART 5 - GAS TRANSPORTERS
section: 25
title: Prices
content:
25. —(1) Without affecting section 38, the prices to be charged by a gas transporter and to be paid by gas shippers for the conveyance of gas through a gas pipeline or gas pipeline network owned by, or under the management or control of, the gas transporter must be in accordance with such rates as may be established from time to time by the gas transporter in accordance with the conditions of its gas transporter’s licence. [24/2007] (2) The prices established by a gas transporter under subsection (1) must be published in such manner as will secure adequate publicity. [24/2007] (3) In establishing prices under subsection (1), a gas transporter must not show undue preference or exercise undue discrimination as between gas shippers similarly situated and having gas conveyed, or wishing to have gas conveyed, through a gas pipeline or gas pipeline network owned by, or under the management or control of, the gas transporter. [24/2007]


document_id: ga-2001
provision_ref: s26
chapter: PART 5 - GAS TRANSPORTERS
section: 26
title: Power to fell trees, etc.
content:
26. —(1) Where, in the opinion of a gas transporter, any tree or vegetation near any part of a gas pipeline, gas pipeline network or gas plant owned by, or under the management or control of, the gas transporter or any internal pipe causes or is likely to cause damage to such pipeline, pipeline network, plant or pipe, the gas transporter may cause the tree or vegetation to be felled, lopped, cleared or dealt with in such manner as will, in its opinion, prevent the damage. [24/2007] (2) A gas transporter is, in the exercise of its powers under subsection (1), subject to the provisions of the National Parks Board Act 1996 and the Parks and Trees Act 2005. [24/2007] (3) Where any tree or vegetation which has been felled, lopped, cleared or otherwise dealt with under subsection (1) was in existence before the gas pipeline, gas pipeline network or gas plant was placed, erected or installed, the gas transporter must, subject to subsections (4) and (5), pay to any person adversely affected such sum of money as may be agreed between the gas transporter and the person by way of compensation. [24/2007] (4) No further compensation may be paid for the felling, lopping or clearing of any tree or vegetation where the action is necessary for the maintenance of a gas pipeline, gas pipeline network or gas plant owned by, or under the management or control of, a gas transporter and the tree or vegetation has grown or has been allowed to grow since the payment of compensation under subsection (3). [24/2007] (5) No compensation is payable by a gas transporter under subsection (3) in respect of any tree or vegetation within 20 metres of the centre line of any road constructed or maintained by the Government or by any public authority unless it is proved that the tree or vegetation was in existence prior to the construction of the road. [24/2007] (6) The owner or occupier of any land must, before felling, lopping or clearing any tree or vegetation adjacent to a gas pipeline, gas pipeline network or gas plant owned by, or under the management or control of, a gas transporter, give the gas transporter 14 days’ notice in writing of the intention of the owner or occupier (as the case may be) to do so and must take such reasonable precautions as the gas transporter may require for the protection of such pipeline, pipeline network or plant. [24/2007] (7) If any such owner or occupier fails to give notice under subsection (6), or having given notice fails to take any such reasonable precautions as the gas transporter may have required, the owner or occupier is liable to pay the gas transporter the reasonable cost and expense incurred by the gas transporter in respect of any damage caused to any such gas pipeline, gas pipeline network or gas plant, subject to the Authority’s approval as to the amount of the cost or expense in the case of any dispute. [24/2007] (8) If any tree or vegetation is felled, lopped or cleared upon any land adjacent to a gas pipeline, gas pipeline network or gas plant owned by, or under the management or control of, a gas transporter, it is presumed until the contrary is proved that the tree or vegetation was felled, lopped or cleared by the owner or occupier of the land or by the employees or agents of the owner or occupier (as the case may be) acting as such. [24/2007]


document_id: ga-2001
provision_ref: s27
chapter: PART 5 - GAS TRANSPORTERS
section: 27
title: Works
content:
27. —(1) Subject to the provisions of this Act, a gas transporter may, in order to carry out the activities which it is authorised by its gas transporter’s licence to carry out — ( a ) install in, on, over, under, upon, along or across any land, premises, street or waters and inspect, maintain, adjust, repair, alter, restore, replace or remove any gas pipeline, gas plant or gas fitting which is or is to be part of its gas pipeline network; and ( b ) carry out such activities as are necessary or incidental to the activities falling within subsection (1)( a ), including — (i) excavating any land, street or drain; (ii) tunnelling or boring under any land, street, sewer or drain; (iii) removing or using all earth and materials in or under any land, street, sewer or drain; (iv) erecting or placing any gas plant in or under any land or street; and (v) any other action that may be necessary to render all such pipes, plant and apparatus safe and efficient, and must pay to any person who has suffered damage or loss of value to the person’s property that may be caused by such activity such sum as may be agreed by between the gas transporter and the person by way of compensation. (2) Any compensation payable under subsection (1) may include an annual payment for land or any immovable property used for the gas transporter’s purpose. (3) All works referred to in subsection (1), including the upper surface or covering, must be constructed of such materials and must be maintained by the gas transporter in such a manner as not to be a source of danger, whether by reason of inequality of surface or otherwise. (4) A gas transporter does not acquire any right other than that of a user only in respect of any land or premises in, on, over, under, upon, along or across which the gas transporter places any gas pipeline, gas pipeline network or gas plant under this section. (5) Except in the case of an emergency arising from any fault in any gas main, gas service pipe or gas plant, no works referred to in subsection (1) may be executed without the giving of 14 days’ notice to the owner or occupier of the land stating as fully and accurately as possible the nature and extent of the acts intended to be done. (6) The owner or occupier of the land may, within 14 days of the receipt of the notice referred to in subsection (5), lodge a written objection with the Authority and the Authority must specify a date to inquire into any such objection. (7) If no objection is lodged within the period specified in subsection (6), the gas transporter may on expiry of the period enter on the land and do all or any of the acts specified in the notice given under subsection (5). (8) If an objection is lodged and is not withdrawn before the date fixed for the inquiry referred to in subsection (6), the Authority must hold the inquiry, giving each party an opportunity to be heard. (9) Subject to subsection (10), upon the conclusion of the inquiry, the Authority may, either unconditionally or subject to such terms and conditions as it thinks fit, authorise any of the acts mentioned in the notice given under subsection (5) to be carried out. (10) Any person aggrieved by any decision of the Authority under this section may, within 14 days of the conclusion of the inquiry, appeal to the Minister whose decision is final. (11) A gas transporter must do as little damage as possible in the exercise of the powers conferred by subsection (1) and must make good any damage done in the exercise of those powers. (12) Where any dispute arises as to whether a gas transporter has sufficiently made good any damage done in the exercise of the powers conferred by subsection (1), the dispute — ( a ) may be referred to the Authority by either party; and ( b ) must, on such a reference, be determined by the Authority, whose decision is final and conclusive between the parties. (13) A gas transporter must exercise the powers conferred by subsection (1) in such manner as will secure that nothing which it installs or keeps installed in, on, over, under, upon, along or across any land, premises, street or waters becomes a source of danger to the public. (14) A gas transporter is not, when exercising the powers conferred by subsection (1), liable for or required to pay any person any fee, charge or expense for the right to enter or use any land or premises. (15) A gas transporter must not, without the prior written consent of a statutory board or Government authority, authorise any person to enter or use any land belonging to the statutory board or Government authority for the purpose of exercising the powers conferred by subsection (1).


document_id: ga-2001
provision_ref: s28
chapter: PART 5 - GAS TRANSPORTERS
section: 28
title: Provision of convenient ways, etc.
content:
28. —(1) A gas transporter must, in executing any works under section 27, provide and make a sufficient number of convenient ways, watercourses, drains and channels to replace those that are interrupted, damaged or rendered useless by reason of the execution of the works. (2) A gas transporter must pay to any person who suffers damage or loss of value to the person’s property as a result of the gas transporter’s actions under subsection (1), such sum as may be agreed by between the gas transporter and the person by way of compensation.


document_id: ga-2001
provision_ref: s29
chapter: PART 5 - GAS TRANSPORTERS
section: 29
title: Maintenance, etc., of gas service pipes and gas installations
content:
29. —(1) A gas transporter must carry out any necessary work of maintenance, repair or renewal of — ( a ) any part of a gas service pipe from a gas main up to a gas service isolation valve; and ( b ) that gas service isolation valve, by which gas is conveyed to a consumer’s premises, whether or not the gas service pipe was supplied and laid at the gas transporter’s expense. [24/2007] (2) The cost of any work carried out under subsection (1) is to be paid as follows: ( a ) in the case of work made necessary by any intentional or negligent act of the consumer, by the consumer if the gas transporter requires the consumer to pay; ( b ) in any other case, by the gas transporter. [24/2007] (3) The Authority may, from time to time, prescribe by order in the Gazette such person or class of persons to be responsible for the inspection, maintenance, repair or renewal of any part of a gas installation. [24/2007] [Act 31 of 2022 wef 01/09/2025] [Act 27 of 2024 wef 01/09/2025] (4) The gas transporter must — ( a ) establish and implement a programme for regular and periodic inspections of any part of a gas installation and provide in the programme, in relation to each such inspection, whether this is the responsibility of the gas transporter or any other person prescribed under subsection (3); [Act 31 of 2022 wef 01/09/2025] [Act 27 of 2024 wef 01/09/2025] ( b ) where any inspection is the responsibility of any person prescribed under subsection (3) (other than the gas transporter), notify the person of the person’s responsibility to ensure that the inspection is carried out; and [Act 31 of 2022 wef 01/09/2025] ( c ) where any maintenance, repair or renewal is necessary following any inspection by the gas transporter or the person notified under paragraph ( b ), notify the person prescribed under subsection (3) to be responsible for the maintenance, repair or renewal of that part of the gas installation or gas service pipe (if the person is not the gas transporter), of the person’s responsibility to ensure that the maintenance, repair or renewal is carried out. [Act 37 of 2021 wef 01/09/2025] [Act 31 of 2022 wef 01/09/2025] (5) Where any person prescribed under subsection (3) is responsible under subsection (4)( b ) or ( c ) for ensuring that any inspection, maintenance, repair or renewal is carried out, the inspection, maintenance, repair or renewal is to be carried out at the expense of the person. [Act 37 of 2021 wef 01/09/2025] (6) Any person prescribed under subsection (3) who fails to carry out the person’s responsibility under subsection (4)( b ) or ( c ) shall be guilty of an offence. [Act 37 of 2021 wef 01/09/2025]


document_id: ga-2001
provision_ref: s30
chapter: PART 5 - GAS TRANSPORTERS
section: 30
title: Relocation of gas main or gas service pipe
content:
30. —(1) Where a gas main or gas service pipe has been laid in, on, over, under, upon, along or across any land by a gas transporter and the owner or occupier of the land desires to use the land in a manner which renders it necessary or convenient that such gas main or gas service pipe should be moved, the owner or occupier (as the case may be) may request the gas transporter to move the pipe accordingly. (2) A gas transporter must, at the request of the owner or occupier under subsection (1), relocate the gas service pipe if it is satisfied that such relocation is reasonable and the owner or occupier complies with such terms and conditions as the gas transporter may impose, including terms and conditions relating to the payment by the owner or occupier of all reasonable costs and expenses necessary for the relocation. (3) Where a gas main or gas service pipe has been laid in, on, over, under, upon, along or across any land by a gas transporter and the gas main or gas service pipe is no longer in use by the occupier or any other person for the purposes of the supply of gas, or by the gas transporter for the conveyance of gas, the gas transporter may of its own volition or must at the reasonable request of the owner, remove the gas main or gas service pipe from the land at its own expense. (4) For the purposes of subsection (3), “owner” includes any person having a leasehold interest with an unexpired term of not less than 7 years.


document_id: ga-2001
provision_ref: s31
chapter: PART 5 - GAS TRANSPORTERS
section: 31
title: Removal of obstruction over existing gas main, etc.
content:
31. —(1) No person may build, erect or construct anything over any existing gas transmission pipeline, gas main or gas service pipe owned by, or under the management or control of, a gas transporter without the approval of the gas transporter. [24/2007] (2) Any owner or occupier whose premises are found to have any building or structure built, erected or constructed over an existing gas main or gas service pipe must have the gas main or gas service pipe relocated or diverted away by the gas transporter from under the building or structure. (3) The costs arising from such relocation or diversion is to be borne — ( a ) by the owner or occupier to the extent that the owner or occupier benefits from such diversion or relocation, or where the building or structure was built, erected or constructed by the owner or occupier in contravention of subsection (1); and ( b ) by the gas transporter in all other circumstances. (4) Any person who contravenes subsection (1) shall be guilty of an offence.


document_id: ga-2001
provision_ref: s32
chapter: PART 5 - GAS TRANSPORTERS
section: 32
title: Carrying out of earthworks within vicinity of gas plant or gas pipe
content:
32. —(1) Subject to this section, no person may commence or carry out, or cause or permit the commencement or carrying out of, any earthworks within the vicinity of any gas plant or gas pipe in a gas pipeline network owned by, or under the management or control of, a gas transporter unless the person — ( a ) has given to the gas transporter not less than 7 days’ notice in writing of the date on which it is proposed to commence the earthworks; ( b ) has obtained from the gas transporter the necessary information on the location of the gas plant or gas pipe; and ( c ) has consulted the gas transporter on the steps to be taken to prevent the gas plant or gas pipe from being damaged while the earthworks are being carried out. [24/2007; 43/2018] (2) The Authority may, if it thinks fit in any particular case, modify the period for which a notice under subsection (1)( a ) is to be given to a gas transporter. [24/2007] (3) It is the duty of the person who commences or carries out, or causes or permits the commencement or carrying out of, any earthworks referred to in subsection (1) — ( a ) to comply with all reasonable requirements of the gas transporter for the prevention of damage to the gas plant or gas pipe; ( b ) to ensure that reasonable precautions are taken when such earthworks are being carried out to prevent any damage to the gas plant or gas pipe; and ( c ) to allow the gas transporter reasonable access to the work site for the purpose of inspecting or taking any necessary measures to protect the gas plant or gas pipe. [24/2007] (4) It is the duty of the gas transporter to whom a notice under subsection (1)( a ) has been given — ( a ) to promptly inform the person giving the notice of the location of the gas plant or gas pipe, and to provide the person with such other information as may be necessary to enable the person to ascertain the exact location of the gas plant or gas pipe; ( b ) to advise the person on the precautions to be taken to prevent damage to the gas plant or gas pipe; and ( c ) to take all such measures at the work site as may be reasonable and necessary for the protection of the gas plant or gas pipe and, in so doing, the gas transporter must have regard to the potential risks and dangers that can arise from any damage to the gas plant or gas pipe. [24/2007] (5) Nothing in subsection (1) prohibits a person from commencing or carrying out, or causing or permitting the commencement or carrying out of, any earthworks where the person has reasonable cause to believe that it is necessary to do so in the interest of public or private safety. [24/2007] (5A) Subsection (1) does not prohibit a gas transporter from commencing or carrying out earthworks within the vicinity of any gas plant or gas pipe in a gas pipeline network owned by, or under the management or control of, the gas transporter. [43/2018] (6) The person referred to in subsection (5) must, as soon as practicable but not more than 24 hours after the earthworks have been commenced or carried out, give to the gas transporter written notice stating the nature and extent of those earthworks. [24/2007] (7) Any person who contravenes subsection (1), (3) or (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. [24/2007] (8) Subject to subsection (9), in any proceedings for an offence under subsection (7), it is a defence for the person charged to prove — ( a ) that the person took all reasonable steps to discharge the person’s duty under subsection (1) or (3), as the case may be; or ( b ) that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. [24/2007] (9) If in any proceedings for any offence under subsection (7), the defence involves acting on information supplied by any of the following: ( a ) a gas transporter; ( b ) any person to whom any infrastructure described in subsection (10) belongs or that manages or controls such infrastructure, then the person charged is not, without permission of the court, entitled to rely on that defence unless the person charged has, within 14 clear days before the hearing, served on the prosecutor a written notice giving such information as was then in the possession of the person charged identifying or assisting in the identification of the person who supplied the person charged with the information. [Act 27 of 2024 wef 01/07/2025] (10) This section applies to any infrastructure (including valve chambers, pipe jacking sleeves, concrete casings and rock armour) housing or intended to house any gas transmission pipeline, as it applies to any gas plant or gas pipe in a gas pipeline network owned by, or under the management or control of, a gas transporter, and for this purpose, a reference to a gas transporter in this section is a reference to the person to whom the infrastructure belongs or that manages or controls the infrastructure. [Act 37 of 2021 wef 29/01/2022]


document_id: ga-2001
provision_ref: s32A
chapter: PART 5 - GAS TRANSPORTERS
section: 32A
title: Damage to gas plant or gas pipe
content:
32A. —(1) Any person who — ( a ) removes, destroys or damages any gas plant or gas pipe which is part of a gas pipeline network owned by, or under the management or control of, a gas licensee; ( b ) causes or permits the removal, destruction or damage of such gas plant or gas pipe; or ( c ) in any way other than by paragraph ( a ) or ( b ), wilfully or recklessly hinders or prevents such gas plant or gas pipe from being used or operated in the manner in which it is intended to be used or operated, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million or to imprisonment for a term not exceeding 5 years or to both. [43/2018] (2) [ Deleted by Act 43 of 2018 ] (3) [ Deleted by Act 43 of 2018 ] (4) In any proceedings for an offence under subsection (1)( a ) or ( b ), it is a defence for the person charged to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. [24/2007; 43/2018] (5) If in any proceedings for any offence under subsection (1)( a ) or ( b ), the defence involves acting on information supplied by any of the following: ( a ) a gas transporter; ( b ) any person to whom any infrastructure described in subsection (7) belongs or that manages or controls such infrastructure, then the person charged is not, without permission of the court, entitled to rely on that defence unless the person charged has, within 14 clear days before the hearing, served on the prosecutor a written notice giving such information as was then in the possession of the person charged identifying or assisting in the identification of the person who supplied the person charged with the information. [Act 27 of 2024 wef 01/07/2025] (6) A person ( A ) may apprehend any other person ( B ) if B within A ’s view commits an offence under this section and must, on such apprehension, hand over B so apprehended to a police officer without unreasonable delay. [24/2007] (7) This section applies to any infrastructure (including valve chambers, pipe jacking sleeves, concrete casings and rock armour) housing or intended to house any gas transmission pipeline, as it applies to any gas plant or gas pipe which is part of a gas pipeline network owned by, or under the management or control of, a gas licensee, and for this purpose, a reference to a gas licensee in this section is a reference to the person to whom the infrastructure belongs or that manages or controls the infrastructure. [Act 37 of 2021 wef 29/01/2022] [Act 27 of 2024 wef 01/07/2025]


document_id: ga-2001
provision_ref: s32B
chapter: PART 5 - GAS TRANSPORTERS
section: 32B
title: Damage to submarine gas pipelines
content:
32B. Any person who wilfully, recklessly or negligently — ( a ) does any act, or permits or causes any act to be done, which damages or is likely to damage — (i) any submarine gas pipeline in the territorial waters of Singapore that is owned by, or under the management or control of, a gas licensee; or (ii) any infrastructure (including valve chambers, pipe jacking sleeves, concrete casings and rock armour) housing or intended to house any submarine gas pipeline in the territorial waters of Singapore; or [Act 37 of 2021 wef 29/01/2022] ( b ) omits to do anything required to prevent any damage to such submarine gas pipeline or infrastructure, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2 million or to imprisonment for a term not exceeding 5 years or to both. [43/2018] [Act 37 of 2021 wef 29/01/2022]


document_id: ga-2001
provision_ref: s33
chapter: PART 5 - GAS TRANSPORTERS
section: 33
title: Special administration order
content:
33. —(1) A special administration order is an order of the Minister made under section 34(1) in relation to a gas licensee directing that, during the period for which the order is in force, all or any of the affairs, business and property of that gas licensee is to be managed directly or indirectly by the Authority — ( a ) for securing one or more of the purposes of such an order set out in subsection (2); and ( b ) in a manner which protects the respective interests of the shareholders and creditors of that gas licensee. [24/2007; 43/2018] (2) The purposes referred to in subsection (1)( a ) are — ( a ) the security or reliability of the supply of gas to the public; ( b ) the survival of the gas licensee, or the whole or part of its business or undertaking for which it is authorised by its licence to carry on, as a going concern; ( c ) the transfer to another company, or (with respect to different parts of the area to which the gas licensee’s licence relates, or different parts of its business or undertaking) to 2 or more different companies, as a going concern, of such of the gas licensee’s undertakings as is necessary to transfer in order to ensure that the functions and duties which have been vested in the gas licensee by virtue of its licence may be properly carried out; or ( d ) the carrying out of the functions and duties which have been vested in the gas licensee pending the making of the transfer and the vesting of those functions and duties in the other company or companies. [24/2007; 43/2018] (3) The Minister may make regulations for giving effect to this section and section 34, including regulations governing the transfer of the gas licensee’s business or undertaking referred to in subsection (2)( c ), and making provision for applying, omitting or modifying provisions of Parts 7 and 9 of the Insolvency, Restructuring and Dissolution Act 2018 where a special administration order is made. [24/2007; 40/2018; 43/2018] [Act 37 of 2021 wef 29/01/2022]


document_id: ga-2001
provision_ref: s34
chapter: PART 5 - GAS TRANSPORTERS
section: 34
title: Power to make special administration order, etc.
content:
34. —(1) If, on an application made to the Minister by the Authority, the Minister is satisfied that any one or more of the grounds specified in subsection (2) are satisfied in relation to a gas licensee, the Minister may make any one or more of the following orders: ( a ) a special administration order in relation to the gas licensee; ( b ) an order requiring the gas licensee to immediately take any action or do or not do any act or thing in relation to that part of its business or undertaking to which its gas licence relates as the Minister may consider necessary; ( c ) an order appointing a person to advise the gas licensee on the proper conduct of that part of its business or undertaking to which its gas licence relates. [24/2007; 43/2018] (2) The grounds referred to in subsection (1) are — ( a ) the gas licensee is or is likely to be unable to pay its debts; ( b ) the occurrence of a public emergency; ( c ) the Minister considers it in the interest of the security or reliability of the supply of gas to the public; or ( d ) the Minister otherwise considers it in the public interest. [24/2007; 43/2018] (3) Notice of any application under subsection (1) must be given immediately by the Authority to such persons and in such manner as may be determined by the Authority. [24/2007] (4) Any order made by the Minister under subsection (1) must be published in such manner as will secure adequate publicity. [43/2018] (5) Any decision of the Minister under subsection (1) is final. [24/2007] (6) For the purposes of this section, a gas licensee is unable to pay its debts if — ( a ) where the gas licensee is a company incorporated under the Companies Act 1967 — it is deemed to be unable to pay its debts under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018; or ( b ) where the gas licensee is a variable capital company incorporated under the VCC Act — it is deemed to be unable to pay its debts under — (i) the repealed section 254(2) of the Companies Act 1967 as applied by section 130 of the VCC Act as in force before the operative date; or (ii) section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018, as applied by section 130 of the VCC Act as in force on the operative date). [S 26/2022 wef 13/01/2022] (7) Despite any written law — ( a ) a gas licensee must not be wound up voluntarily without the consent of the Authority; ( b ) no judicial manager may be appointed under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a gas licensee without the consent of the Authority; ( c ) no step may be taken by any person to enforce any security over a gas licensee’s property except where that person has served 14 days’ notice in writing of that person’s intention to take that step on the Authority; ( d ) no step may be taken by any person to enforce a judgment or order of court obtained against a gas licensee, except where that person has served 14 days’ notice in writing of that person’s intention to take that step on the Authority; and [Act 25 of 2021 wef 01/04/2022] ( e ) no application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 may be made by any person in relation to a gas licensee, unless that person has served 14 days’ notice in writing of that person’s intention to make the application on the Authority. [24/2007; 40/2018; 43/2018] (8) The Authority must be a party to — ( a ) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 or Part 11 of the VCC Act relating to the winding up of the affairs of a gas licensee; or [S 26/2022 wef 13/01/2022] ( b ) any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a gas licensee. [40/2018] (9) In this section, unless the context otherwise requires –– “operative date” means the date of commencement of section 48 of the Variable Capital Companies (Miscellaneous Amendments) Act 2019; “VCC” has the meaning given by section 2(1) of the VCC Act; “VCC Act” means the Variable Capital Companies Act 2018. [S 26/2022 wef 13/01/2022]


document_id: ga-2001
provision_ref: s35
chapter: PART 5 - GAS TRANSPORTERS
section: 35
title: Remuneration and expenses of Authority and others
content:
35. —(1) Where a special administration order has been made under section 34(1)( a ), the Authority may, at any time, whether or not the order is still in force, fix the remuneration and expenses to be paid by the gas licensee to the Authority. [24/2007; 43/2018] (2) The Authority may at any time (whether or not the appointment of the person has terminated) fix the remuneration and expenses to be paid by a gas licensee to any person appointed by the Minister under section 34(1)( c ) to advise the gas licensee on the proper conduct of its licensed gas business. [24/2007; 43/2018]


document_id: ga-2001
provision_ref: s36
chapter: PART 5 - GAS TRANSPORTERS
section: 36
title: Savings of wayleaves or easements
content:
36. Nothing in this Part — ( a ) affects the right of a gas transporter to enter into an agreement, commonly known as a wayleave agreement, or obtain a grant of an easement with or from the owner or occupier of any land for the purpose of laying, placing, carrying or erecting any gas pipeline or gas pipeline network or gas plant; ( b ) affects any such wayleave agreement or easement subsisting immediately before the date of commencement of this Act; or ( c ) affects the right of a gas transporter to negotiate the use of land or facilities belonging to the State or any other person.


document_id: ga-2001
provision_ref: s37
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 37
title: General duties of gas retailer
content:
37. It is the duty of a gas retailer — ( a ) to develop and maintain a safe, efficient, reliable and economical service for the retailing of gas; and ( b ) to carry on its licensed gas business at all times in such manner so as not to prevent, restrict or otherwise hinder the development of competition in any gas market in Singapore.


document_id: ga-2001
provision_ref: s38
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 38
title: Rights of access to relevant facility
content:
38. —(1) Subject to subsection (8), an owner of a relevant facility must provide access to the relevant facility without undue discrimination. (2) If a person is unable to negotiate access to a relevant facility, the person may, after giving the owner of the facility not less than 28 days’ notice, apply to the Authority for directions under this section in order to secure rights of access to that facility. (3) Where an application is made under subsection (2), it is the duty of the Authority — ( a ) to decide whether the application should be adjourned to enable negotiations or further negotiations to take place; ( b ) to decide whether the application should be considered further or rejected; ( c ) to give the applicant and the owner of the relevant facility or any other person whom the Authority considers has an interest an opportunity to be heard; and ( d ) to inform such persons of its decision. (4) Where, after considering an application under subsection (2), the Authority is satisfied that the efficient operation of the relevant facility or compliance by the owner of the relevant facility with this Act or the conditions of a gas licence would not be prejudiced by the giving of directions, the Authority may give directions — ( a ) specifying the terms on which the Authority considers the owner of the relevant facility should enter into an access agreement with the applicant in order to — (i) secure to the applicant an appropriate access right for the quantities and quality of gas specified in the directions for the duration specified in the directions; (ii) secure that the exercise of that access right is not prevented or impeded; (iii) regulate the charges which may be imposed by the owner of the relevant facility for that access right; and (iv) secure to the applicant any ancillary or incidental rights that the Authority considers necessary or expedient, including connections rights; ( b ) specifying the sums or the method of determining the sums which the Authority considers should be paid by the applicant to the owner of the relevant facility in consideration of that access right; ( c ) requiring the owner of the relevant facility, if the applicant pays or agrees to pay those sums within a period specified in the directions, to enter into an agreement with the applicant on the terms so specified; and ( d ) requiring the owner of the relevant facility to make such adjustments to charges imposed by the owner on existing users of the relevant facility, as the Authority considers appropriate. [24/2007] (5) To avoid doubt, the Authority may give directions under subsection (4) notwithstanding that such directions may prejudice the performance of any contractual obligation of the owner of the relevant facility, whether such obligation relates to a contract made before, on or after 11 June 2007. [24/2007] (6) In giving any directions under this section, the Authority must apply the principle that the owner of the relevant facility providing access to the facility should be entitled to receive — ( a ) the appropriate proportion of its capital value and operating costs incurred in respect of the facility; and ( b ) a reasonable rate of return on the appropriate proportion of the capital value of the facility. (7) The Authority may require any person who requires access to a gas pipeline or gas pipeline network or who is undertaking the trading of gas at any point (whether actual or notional) in a gas pipeline or gas pipeline network to enter into any agreement designated by the Authority for the purposes of this section. (8) The Authority may exempt a relevant facility from the requirements set out in this section unconditionally or subject to such conditions as may be specified. (9) Any person who fails to comply with a direction of the Authority under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million 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. [24/2007] (10) Any person who does any act which has or is likely to have the effect of obstructing, hindering or otherwise preventing any other person from complying with a direction of the Authority under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million 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. [24/2007] (11) No action, suit or other legal proceedings shall lie against any party to a contract made before 11 June 2007 for, or in relation to, any breach of that contract, where such breach is solely attributable to, or occasioned by, the compliance by that party with any direction of the Authority under this section. [24/2007] (12) Nothing in subsection (11) affects the operation of the Frustrated Contracts Act 1959. [24/2007] (13) In this section — “appropriate proportion” means a proportion which properly — ( a ) reflects the use made of the relevant facility by virtue of the access right as compared with the use made of that facility for other purposes; and ( b ) takes into account sums paid previously in consideration for the access right; “owner”, in relation to a relevant facility, means any person legally occupying or having control of the relevant facility; “relevant facility” means any one or all of the following: ( a ) a gas pipeline or a gas pipeline network; ( b ) a gas processing or production facility which carries out any of the following operations: (i) synthesising, manufacturing, purifying, blending, odorising or compressing gas for the purpose of enabling it to be introduced into or conveyed through a gas pipeline network owned by, or under the management or control of, a gas transporter or an exempt gas transporter; (ii) removing from gas for that purpose any of its constituent gas, or separating from gas for that purpose any liquids; (iii) determining the quantity or quality of gas which is or is to be introduced, or so conveyed; ( c ) such onshore receiving facility, LNG terminal, gas storage or landing facility (other than a gas pipeline), as may be designated by the Authority to be a relevant facility for the purposes of this section for such time as the Authority considers appropriate. [24/2007]


document_id: ga-2001
provision_ref: s38A
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 38A
title: Arrangements by Authority for allocation of gas
content:
38A. —(1) Upon the application of any person who is unable to enter into an arrangement for the allocation of gas in any offshore gas pipeline, the Authority may give directions to — ( a ) the applicant; and ( b ) every person whose gas is being conveyed through the offshore gas pipeline, requiring the persons referred to in paragraphs ( a ) and ( b ) to enter into such arrangement for the allocation of gas in the offshore gas pipeline on such terms, and to take such steps to ensure that the arrangement is given effect to, as the Authority may specify. [24/2007] (2) Where the Authority has given directions for an arrangement for the allocation of gas in an offshore gas pipeline under subsection (1) as between the persons referred to in paragraphs ( a ) and ( b ) of that subsection — ( a ) so much of any arrangement as between the persons referred to in subsection (1)( b ) for the allocation of gas in that offshore gas pipeline in force immediately prior to the arrangement so directed by the Authority must thereupon cease to apply; and ( b ) the arrangement directed by the Authority must cease to apply as between the persons referred to in paragraphs ( a ) and ( b ) of subsection (1) upon those persons thereafter entering into an arrangement as between themselves for the allocation of gas in the offshore gas pipeline. [24/2007] (3) Any person who fails to comply with a direction of the Authority under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million 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. [24/2007] (4) Any person who does any act which has or is likely to have the effect of obstructing, hindering or otherwise preventing any other person from complying with a direction of the Authority under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million 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. [24/2007] (5) No action, suit or other legal proceedings shall lie against any party to a contract made before 11 June 2007 for, or in relation to, any breach of that contract, where such breach is solely attributable to, or occasioned by, the compliance by that party with any direction of the Authority under this section. [24/2007] (6) Nothing in subsection (5) affects the operation of the Frustrated Contracts Act 1959. [24/2007] (7) In this section, “offshore gas pipeline” means any gas pipeline in Singapore waters used for the conveyance of gas to any onshore receiving facility. [24/2007]


document_id: ga-2001
provision_ref: s38B
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 38B
title: Connections to and use of key facilities, etc.
content:
38B. —(1) The Authority may direct any person mentioned in any of the following paragraphs to allow a gas licensee ( G ) to carry out any activity described in the paragraph: ( a ) to connect any key conduit of G to any key facility or key conduit of a person and to use the key facility or key conduit of the person; ( b ) to install and use any key conduit of G at any premises owned or occupied by a person; ( c ) to install and use any usage equipment of G at a key facility or key conduit of a person, or a key conduit of G , mentioned in paragraph ( a ) or ( b ); ( d ) to use any prescribed wharf or jetty owned or occupied by a person, to berth any vessel on which G is to load or from which G is to discharge any material of G , and to load the material onto or discharge the material from the vessel; ( e ) to use any equipment, apparatus, appliance or facility, or any key conduit, of a person at any prescribed wharf or jetty, to enable G — (i) to load any material of G onto or discharge any material of G from any vessel berthed at the prescribed wharf or jetty; or (ii) to bring any material of G to or away from the prescribed wharf or jetty; ( f ) to install and use any equipment, apparatus, appliance or facility of G at a prescribed wharf or jetty owned or occupied by a person, to enable G to carry out any activity described in paragraph ( e )(i) or (ii). (2) To avoid doubt, the Authority may issue directions to more than one person at any one time, in relation to the same G . (3) To avoid doubt, the premises mentioned in subsection (1)( b ) need not be premises at which any key facility or key conduit of a person (to which G is to connect its key conduit) is situated, or at which G is to install any usage equipment. (4) The Authority may make a direction under subsection (1) only if it considers that the direction is necessary — ( a ) in the public interest; or ( b ) to ensure the security and reliability of the supply of gas to the public. (5) For the purpose of subsection (1), the direction may — ( a ) require the person to allow G to enter any premises owned or occupied by the person for the purposes of carrying out any activity mentioned in subsection (1) and specified in the direction, and in any event require the person not to do, or cause or allow to be done, anything that may prevent G from carrying out the activity; and ( b ) require the person and G to enter into an agreement within the period of 30 days after the connection or installation under subsection (1)( a ), ( b ), ( c ) or ( f ) has been made or the use in subsection (1)( d ) or ( e ) has commenced, for the purposes of — (i) granting G a wayleave — (A) for the continuation of the connection or installation at the premises; (B) for G to be able to carry out maintenance works on — (BA) the connection at the premises; or (BB) the key conduit, usage equipment, equipment, apparatus, appliance or facility of G installed at the premises; or (C) for G to continue the use specified in the direction, as the case may be; and (ii) reasonably compensating the person for any loss suffered as a result of the connection, installation or use, and the person and G must comply with a direction under subsection (1) to the extent that it relates to either of them. (6) The Authority may, upon the request of the person or G , grant one or more extensions of the period mentioned in subsection (5)( b ). (7) If the person and G are unable to agree on the terms for any matter so as to be able to enter into an agreement in accordance with a requirement under subsection (5)( b ), either the person or G may request the Minister to establish an Appeal Panel under section 84 to determine the reasonable terms for that matter. (8) The decision of the Appeal Panel under subsection (7) must include a date on which the person and G are treated as having entered into an agreement comprising — ( a ) the terms agreed between the person and G , if any; and ( b ) the terms determined by the Appeal Panel, and the person and G are treated as having entered into an agreement with each other as from that date on all such terms. (9) The direction of the Authority under subsection (1) is revoked as from the date mentioned in the Appeal Panel’s decision under subsection (8) to the extent the decision is inconsistent with that direction. (10) Nothing in subsection (8) prevents the person and G from varying or terminating the agreement treated as entered into under that subsection. (11) A person need not comply with a direction given by the Authority under subsection (1) for so long as an appeal under section 93 against the direction is pending. (12) Any person who contravenes a direction under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million 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. (13) In this section — “key conduit” means any of the following: ( a ) any gas pipeline; ( b ) any pipe for the transportation of any coolant described in paragraph ( c ) of the definition of “key facility”; ( c ) any other conduit prescribed by regulations made under section 96 as a key conduit for the purposes of this section; “key facility” means any of the following: ( a ) a gas processing or production facility which carries out any of the following operations: (i) synthesising, manufacturing, purifying, blending, odorising or compressing gas for the purpose of enabling it to be introduced into or conveyed through a gas pipeline network owned by, or under the management or control of, a gas transporter or an exempt gas transporter; (ii) removing from gas for any purpose in sub-paragraph (i) any of its constituent gases, or separating from gas for that purpose any liquids; (iii) determining the quantity or quality of gas which is or is to be introduced into or conveyed through the gas pipeline network mentioned in sub-paragraph (i); ( b ) any onshore receiving facility, LNG terminal, gas storage or landing facility (other than a gas pipeline); ( c ) any facility for receiving or storing any coolant (including seawater) required in connection with the cooling of any facility in paragraph ( a ) or ( b ); ( d ) any other facility prescribed by regulations made under section 96 as a key facility for the purposes of this section; “prescribed wharf or jetty” means a wharf or jetty prescribed by regulations made under section 96 for the purposes of this section; “usage equipment” means any equipment, apparatus or appliance connected with the use or operation of a key facility or a key conduit. [Act 27 of 2024 wef 01/07/2025]


document_id: ga-2001
provision_ref: s38C
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 38C
title: Connections to and use of key facilities, etc.: supplementary provisions
content:
38C. —(1) An agreement under section 38B ceases to be binding on the person and G upon — ( a ) the determination of the agreement upon the expiration of a period specified in the agreement; ( b ) the termination of the agreement pursuant to a term contained in the agreement, or any written law or rule of law; or ( c ) despite anything in the agreement, the person ceasing, after the agreement is entered into, to own the key facility or key conduit to which G ’s key conduit is connected, or to own or occupy the premises at which G ’s key conduit, usage equipment, equipment, apparatus, appliance or facility is installed. (2) Upon the agreement ceasing to be binding on the person and G , a notice to remove any connection, or G ’s key conduit, usage equipment, equipment, apparatus, appliance or facility, covered by the agreement, may be given to G by — ( a ) where subsection (1)( a ) or ( b ) applies, the person; or ( b ) where subsection (1)( c ) applies, the person who is the owner of the key facility or key conduit to which G ’s key conduit is connected or the owner or occupier of the premises (as the case may be) following the change in the ownership or occupation. (3) The notice must give G at least the period prescribed by regulations made under section 96 to effect the removal. (4) G may, during the period given in the notice to remove, apply to the Authority — ( a ) where G is of the view that the period given to it (including where the period is of the prescribed period mentioned in subsection (3)) is insufficient for it to effect the removal — for an extension of the period; or ( b ) for another direction under section 38B(1). (5) Where G has made an application under subsection (4), G need not comply with the notice to remove pending the Authority’s decision on the application. (6) Where the Authority refuses to grant the application under subsection (4), then, unless the person cancels the notice, G must comply with the notice to remove before the end of the latest of the following periods: ( a ) the period in the notice to remove; ( b ) for an application under subsection (4)( b ), the period prescribed by regulations made under section 96 after the date of the Authority’s refusal to grant the direction requested; ( c ) the period specified (if any) in the notice of the Authority’s refusal. (7) Despite subsection (6), G need not comply with the notice to remove if G appeals under section 93 against a decision of the Authority mentioned in that subsection, for so long as the appeal is pending. (8) Where the decision on appeal confirms the decision of the Authority, G must comply with the notice to remove before the end of the later of the following periods: ( a ) for an application under subsection (4)( b ), the period prescribed by regulations made under section 96 after the date of the decision on appeal; ( b ) the period specified (if any) in the decision on appeal. (9) Where, pursuant to section 38B, G has at any premises installed any key conduit, usage equipment, equipment, apparatus, appliance or facility, each of these — ( a ) continues to remain the property of G and is deemed not to be a fixture, and does not vest in the owner of the premises; and ( b ) is not to be subject to distress or be liable to be taken under or pursuant to an enforcement order of any court or any proceedings in bankruptcy against the person in whose possession it is. (10) In this section, “key conduit”, “key facility” and “usage equipment” have the meanings given by section 38B(13). [Act 27 of 2024 wef 01/07/2025]


document_id: ga-2001
provision_ref: s39
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 39
title: Notice of obstruction of gas main or other apparatus
content:
39. —(1) Where any gas pipeline, internal pipe or other apparatus placed in, on, over, under, upon, along or across any premises becomes obstructed or in any way damaged, the occupier of the premises must, immediately on the obstruction or damage coming to the occupier’s knowledge, give notice thereof to the gas transporter, relevant gas shipper or relevant gas retailer. [24/2007] (2) Any occupier who neglects to give notice under subsection (1) after acquiring such knowledge shall be guilty of an offence and the occupier’s premises may be disconnected by the gas transporter or the supply of gas to the occupier’s premises may be discontinued by the relevant gas shipper or relevant gas retailer until the necessary repairs are effected or the obstruction is removed. [24/2007]


document_id: ga-2001
provision_ref: s40
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 40
title: Obstructing gas licensee in performance of duties
content:
40. Any person who at any time molests, or without cause, hinders or obstructs, any employee, agent or contractor of a gas licensee in the performance of the duties of the employee, agent or contractor (as the case may be) or anything which the employee, agent or contractor is respectively authorised, empowered or required to do under this Act shall be guilty of an offence.


document_id: ga-2001
provision_ref: s41
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 41
title: Making of false statements
content:
41. —(1) Any person who — ( a ) when giving any information to the Authority or when making any application under or for the purposes of any provision of this Act, makes any statement which the person knows to be false in a material particular; or ( b ) when giving any information to the Authority or a gas licensee, recklessly makes any statement which is false in a material particular the effect of which is to endanger the safety of any gas pipeline or gas pipeline network, shall be guilty of an offence. (2) Any person who — ( a ) wilfully or fraudulently procures or attempts to procure for the person or for any other person any gas licence under this Act by making or producing or causing to be made or produced any false or fraudulent representation or declaration verbally or in writing; or ( b ) knowingly aids or assists therein, shall be guilty of an offence.


document_id: ga-2001
provision_ref: s42
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 42
title: Falsely pretending to be employee of Authority or gas licensee
content:
42. Any person who seeks to obtain entry to any premises by falsely pretending to be an employee of the Authority or a gas licensee shall be guilty of an offence.


document_id: ga-2001
provision_ref: s43
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 43
title: Gas plant and gas fittings not to be subject to distress
content:
43. Any gas fitting which is connected to a gas service pipe, and any gas plant in a consumer’s premises which is owned by a gas licensee and is marked or impressed with a sufficient mark, plate or brand indicating its owner — ( a ) continues to remain the property of its owner and is deemed not to be a fixture, notwithstanding that it may be fixed or fastened to any part of the premises in which it may be situated; and ( b ) is not to be subject to distress or be liable to be taken under or pursuant to an enforcement order of any court or any proceedings in bankruptcy against the person in whose possession it may be. [Act 25 of 2021 wef 01/04/2022]


document_id: ga-2001
provision_ref: s43A
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 43A
title: Repurposing of facilities
content:
43A. —(1) This section applies to a person who — ( a ) is a gas licensee or is exempted under section 8; and ( b ) owns, or manages or controls, a relevant facility. (2) A person must not, without the prior approval of the Authority, use or allow the use of the relevant facility or any part of the relevant facility (including following any modification, replacement or disposal of any part of the relevant facility) other than as or as part of such relevant facility. (3) Regulations made under section 96 may exclude any of the following from the application of this section: ( a ) any gas licensee or person exempted under section 8; ( b ) any relevant facility or any part of any relevant facility; ( c ) any use of any relevant facility or part of any relevant facility (including following any modification, replacement or disposal of any part of the relevant facility), generally or in prescribed circumstances. (4) A person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million 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. (5) In this section, “relevant facility” has the meaning given by section 38(13). [Act 27 of 2024 wef 01/07/2025]


document_id: ga-2001
provision_ref: s44
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 44
title: Meters
content:
44. —(1) Every consumer must take the consumer’s supply of gas through a meter the use of which does not contravene the regulations. (2) In default of the consumer doing so — ( a ) the gas transporter may disconnect or refuse to connect the consumer’s premises; or ( b ) the relevant gas shipper or relevant gas retailer may authorise the supply of gas to the consumer’s premises to be discontinued and any gas shipper or gas retailer may refuse to supply gas to the consumer’s premises. [24/2007] (3) Any meter — ( a ) owned by, or under the management or control of, a gas transporter or owned by a relevant gas shipper; and ( b ) lent or hired to a consumer by the gas transporter or relevant gas shipper, as the case may be, must, at all times and without charge to that consumer, be kept by the gas transporter or relevant gas shipper, as the case may be, in proper order for correctly registering the quantity of gas supplied to that consumer. [24/2007] (4) A consumer must at all times keep a meter which belongs to the consumer in proper order for correctly registering the quantity of gas supplied to the consumer. (5) Subject to the regulations, where a consumer is supplied with gas through a meter, the index of the meter is prima facie evidence of the quantity of gas supplied to the consumer.


document_id: ga-2001
provision_ref: s45
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 45
title: Prices of gas retailer
content:
45. —(1) The prices to be charged by a gas retailer and to be paid by a person to whom the gas retailer retails gas must be in accordance with such rates as may be established from time to time by the gas retailer in accordance with the conditions of its gas retailer’s licence. (2) The prices established by a gas retailer under subsection (1) must be published in such manner as to ensure adequate publicity unless the Authority otherwise directs. (3) In establishing prices under subsection (1), a gas retailer may neither show undue preference as between persons or any class of persons, nor exercise undue discrimination as between persons or any class of persons.


document_id: ga-2001
provision_ref: s46
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 46
title: Power to recover gas charges, etc.
content:
46. —(1) Where — ( a ) a demand in writing is made by a gas retailer for the payment of any of the charges due to it from a consumer in respect of the supply of gas to the consumer’s premises; and ( b ) the consumer does not pay those charges within 28 days after the making of the demand, subsections (3) and (4) apply. (2) Where — ( a ) a written request is made by a gas retailer for the provision of a deposit by way of reasonable security for the payment of the charges due to it from a consumer in respect of the supply of gas to the consumer’s premises; and ( b ) the consumer does not provide such a deposit within 7 days after the making of the request, subsection (3) applies. (3) If the gas retailer is a relevant gas retailer, it may, after giving not less than 7 days’ notice of its intention — ( a ) discontinue the supply to the consumer’s premises or any other premises occupied by the consumer; and ( b ) recover any expenses incurred in so doing from the consumer. (4) If — ( a ) the gas retailer is not a relevant gas retailer but another gas retailer (the new gas retailer) is such a gas retailer; and ( b ) the gas retailer has assigned to the new gas retailer its right to recover any of the charges due to it from the consumer, subsection (3) applies as if any reference to the gas retailer were a reference to the new gas retailer. (5) The powers conferred by subsections (3) and (4) are not exercisable in respect of any charges or deposit the amount of which is genuinely in dispute.


document_id: ga-2001
provision_ref: s47
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 47
title: Unauthorised connection with gas pipeline network, etc.
content:
47. —(1) Any person who — ( a ) intentionally lays or causes to be laid a pipe or a gas fitting to connect with any gas pipeline or gas pipeline network owned by, or under the management or control of, a gas transporter without the consent of the gas transporter; ( b ) dishonestly or fraudulently abstracts, uses, consumes or diverts any gas supplied by a gas licensee; ( c ) alters or tampers with any part of any meter or meter installation for registering the quantity of gas supplied to any person or premises; ( d ) does any thing that compromises or adversely affects the ability or proper operation of any meter or meter installation in duly registering the quantity of gas supplied to any person or premises; or ( e ) causes or permits any other person to engage in conduct mentioned in paragraph ( b ), ( c ) or ( d ), shall be guilty of an offence. [43/2018] (2) A person who is guilty of an offence under subsection (1)( a ), ( b ), ( c ), ( d ) or ( e ) shall be liable on conviction to one or both of the following: ( a ) a fine that is the total of — (i) an amount not exceeding $50,000; and (ii) an amount equal to 3 times the value of gas — (A) diverted, abstracted, used or consumed in the commission of the offence under subsection (1)( a ) or ( b ), or caused or permitted to be so diverted, abstracted, used or consumed in the commission of the offence under subsection (1)( e ), as the case may be; or (B) supplied as a result of the commission of the offence under subsection (1)( c ), ( d ) or ( e ), as the case may be; ( b ) imprisonment for a term not exceeding 5 years, and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction. [43/2018] (3) The value of the gas diverted, abstracted, used, consumed or supplied as mentioned in subsection (2)( a )(ii), may be determined based on the amount of such gas fairly and reasonably estimated after comparing records (as are appropriate and available) of gas usage before, during and after the diversion, abstraction, use, consumption or supply. [43/2018] (4) If, in any proceedings before a court for an offence under subsection (1)( c ) or subsection (1)( e ) (in relation to subsection (1)( c )), it is alleged that a person altered or tampered with any part of any meter or meter installation mentioned in subsection (1)( c ), or caused or permitted any other person to engage in such alteration or tampering, and it is proved — ( a ) that, at the time of the alleged conduct — (i) a device was attached to, or was in the vicinity of, the meter or meter installation (or any part of the meter or meter installation) for the purpose of altering the index of the meter or meter installation or preventing the meter or meter installation from duly registering the quantity of gas supplied; (ii) the covering of the meter or meter installation had a hole which is not a result of ordinary wear and tear; (iii) any seal or lock fastened by a gas licensee to or on any part of the meter or meter installation was damaged, removed or changed; or (iv) any paint or other chemical compound applied by a gas licensee to or on any screw, component or mechanism of any part of the meter or meter installation was damaged or removed or altered in its chemical composition; and ( b ) that the person had, at the time of the alleged conduct, custody or control of the meter or meter installation, then the person is presumed, until the contrary is proved, to have so altered or tampered with the meter or meter installation, or to have so caused or permitted the other person to engage in such alteration or tampering, as the case may be. [43/2018] [Act 27 of 2024 wef 01/07/2025] (5) In the case of any offence under subsection (1), the gas transporter may disconnect the premises of, or the relevant gas shipper or relevant gas retailer may discontinue the supply of gas to the premises of, the person referred to in that subsection. [24/2007]


document_id: ga-2001
provision_ref: s48
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 48
title: Supply of gas illegally taken
content:
48. —(1) Where any person is guilty of an offence under section 47 or otherwise takes a supply of gas which is in the course of being conveyed by a gas transporter, the gas transporter is entitled to recover from that person the value of gas so taken. (2) Where — ( a ) any person at premises which have been re-connected in contravention of section 49(1) takes a supply of gas which has been conveyed to those premises by the gas transporter; and ( b ) the supply is taken otherwise than in pursuance of a contract, the gas transporter is entitled to recover from that person the value of the gas so taken. (3) A gas transporter must make, and from time to time revise, a scheme providing for the manner in which the quantity of gas taken in such circumstances as are mentioned in subsection (1) or (2) is to be determined. (4) A scheme under this section may make different provisions for different cases or classes of cases, or for different areas, determined by, or in accordance with, the provisions of the scheme. (5) As soon as practicable after a gas transporter makes a scheme under this section or a revision of such a scheme it must — ( a ) publish, in such manner as it considers appropriate for bringing it to the attention of persons likely to be affected by it, a notice stating the effect of the scheme or revision; ( b ) send a copy of the scheme or revision to the Authority; and ( c ) if so requested by any other person, send such a copy to that person without charge to that person. (6) For the purposes of subsections (1) and (2), “value”, in relation to any gas taken in the circumstances referred to in those subsections, means the amount which could reasonably be expected to have been payable by a consumer in respect of the gas.


document_id: ga-2001
provision_ref: s49
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 49
title: Restoration of supply without consent
content:
49. —(1) Where any premises have been disconnected by a gas transporter in exercise of the powers under this Act or pursuant to a valid and enforceable contractual right — ( a ) any person who, without the consent of the gas transporter, re-connects the supply of gas to those premises shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and ( b ) the gas transporter may again disconnect the premises. [24/2007] (2) Where the supply of gas to any premises has been discontinued by a gas shipper or gas retailer in exercise of the powers under this Act or pursuant to a valid and enforceable contractual right — ( a ) any person who, without the consent of the gas shipper or gas retailer (as the case may be) restores the supply of gas to those premises shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and ( b ) the gas transporter whose pipeline is connected to those premises (whether such pipeline is owned by, or under the management or control of, the gas transporter) may disconnect the premises. [24/2007]


document_id: ga-2001
provision_ref: s50
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 50
title: Failure to notify connection to or disconnection from gas pipeline, etc.
content:
50. —(1) No person may — ( a ) connect — (i) any meter with a gas pipeline; (ii) any meter with an internal pipe connected to a gas pipeline; or (iii) any internal pipe to a gas pipeline, through which gas is conveyed to any premises by a gas transporter; or ( b ) disconnect such meter or internal pipe, unless the person has given 48 hours’ notice in the prescribed form of the person’s intention to do so — ( c ) in a case where gas is supplied to the premises by a relevant gas shipper or relevant gas retailer, to the gas shipper or gas retailer; and ( d ) in any other case, to the gas transporter. [24/2007] (2) Subject to subsection (3), a notice under subsection (1) must contain — ( a ) details of the time and place of the proposed connection or disconnection; and ( b ) any other information that may be prescribed. [24/2007] (3) Insofar as it is not reasonably practicable for a notice under subsection (1) to contain any information required by subsection (2)( b ), it is a sufficient compliance with that requirement under subsection (2)( b ) if the information is given to the relevant gas shipper, relevant gas retailer or gas transporter (as the case may be) within 48 hours after the connection or disconnection is effected. [24/2007] (4) Where under this section any meter through which gas has been supplied to any premises is completely disconnected, that is to say, is disconnected both from the gas pipeline and from all other pipes within the premises, the person making the disconnection must, except insofar as it is not reasonably practicable for the person to do so — ( a ) ascertain the name and address of the owner of the meter; and ( b ) inform that owner of the disconnection and of the address at which the meter will be available for collection. [24/2007] (5) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [24/2007]


document_id: ga-2001
provision_ref: s51
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 51
title: Proper use of gas
content:
51. If any consumer supplied with gas improperly uses or deals with the gas so as to interfere with the efficient conveyance or supply of gas (whether to that person or to any other person) — ( a ) the consumer’s premises may be disconnected by the gas transporter; or ( b ) the supply of gas to the consumer’s premises may be discontinued by the relevant gas shipper or relevant gas retailer. [24/2007]


document_id: ga-2001
provision_ref: s52
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 52
title: No obligation to restore supply where consumer in default
content:
52. —(1) This section applies where — ( a ) a consumer’s premises have been disconnected by a gas transporter under this Act; or ( b ) the supply of gas to a consumer’s premises has been discontinued by a gas shipper or gas retailer under this Act. [24/2007] (2) The gas transporter is not under any obligation to re‑connect the consumer’s premises, or the gas shipper or gas retailer is not under any obligation to restore the supply of gas to the consumer’s premises (as the case may be) until — ( a ) the consumer is no longer the owner or occupier of the premises; or ( b ) the consumer — (i) has made good the default, or remedied the matter, in consequence of which the premises were disconnected or the supply of gas to such premises was discontinued; and (ii) has paid the reasonable expenses of disconnecting and re‑connecting the premises or of discontinuing and restoring the supply of gas to the premises, as the case may be. [24/2007]


document_id: ga-2001
provision_ref: s53
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 53
title: Entry for preventing escapes of gas, etc.
content:
53. —(1) Where a gas transporter has reasonable cause to suspect that — ( a ) gas conveyed by it is escaping, or may escape, in any premises; or ( b ) gas so conveyed which has escaped has entered, or may enter, any premises, any person authorised by the gas transporter may immediately and without notice enter the premises, inspect the gas fittings or gas plant, carry out any work or other steps necessary to avert danger to life or property. (2) Where a gas transporter has reasonable cause to suspect that — ( a ) gas conveyed through gas mains by some other person is escaping, or may escape, in any premises within the area specified in its gas transporter’s licence; or ( b ) gas so conveyed which has escaped has entered, or may enter, any premises in such an area, any person authorised by the gas transporter may immediately and without notice enter the premises and take any steps necessary to avert danger to life or property.


document_id: ga-2001
provision_ref: s54
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 54
title: Entry during supply
content:
54. —(1) Subject to section 60, any person authorised by a gas transporter may enter a consumer’s premises for the purpose of — ( a ) exercising the gas transporter’s rights under section 29; ( b ) ascertaining the quantity of gas conveyed to the premises; or ( c ) exercising such other powers as may be specified in the Act. (2) Subject to section 60, any person authorised by a relevant gas shipper or relevant gas retailer may enter a consumer’s premises for the purpose of — ( a ) inspecting gas fittings; or ( b ) ascertaining the quantity of gas supplied or conveyed to the premises. [24/2007]


document_id: ga-2001
provision_ref: s55
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 55
title: Entry on discontinuance of supply
content:
55. —(1) This section applies where — ( a ) a gas transporter is authorised by this Act to disconnect any premises or a gas shipper or gas retailer is authorised by this Act to discontinue the supply of gas to any premises; ( b ) a person occupying any premises supplied with gas by a gas shipper or gas retailer ceases to require a supply of gas; or ( c ) a person entering into occupation of any premises previously supplied with gas by a gas shipper or gas retailer does not take a supply of gas. [24/2007] (2) Subject to section 60 — ( a ) any person authorised by a gas transporter may, after 7 days’ notice to the occupier of any premises, or to the owner of the premises if they are unoccupied, enter the premises for the purpose of — (i) disconnecting the premises; or (ii) removing any meter or other gas fitting owned by, or under the management or control of, the gas transporter; ( b ) any person authorised by a gas shipper may, after 7 days’ notice to the occupier of any premises, or to the owner of the premises if they are unoccupied, enter the premises for the purpose of — (i) discontinuing the supply of gas to the premises; or (ii) removing any meter or other gas fitting owned by the gas shipper; and ( c ) any person authorised by a gas retailer may, after 7 days’ notice to the occupier of any premises, or to the owner of the premises if they are unoccupied, enter the premises for the purpose of discontinuing the supply of gas to the premises. [24/2007]


document_id: ga-2001
provision_ref: s56
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 56
title: Entry following discontinuance of supply
content:
56. —(1) This section applies where a consumer’s premises have been disconnected by a gas transporter, or the supply of gas to a consumer’s premises has been discontinued by a gas shipper or gas retailer, otherwise than in the exercise of a power conferred by section 53 or 65 or the regulations. [24/2007] (2) Subject to section 60 — ( a ) any person authorised by the gas transporter may enter the premises for the purpose of ascertaining whether the premises have been re‑connected without the consent of the gas transporter; and ( b ) any person authorised by the gas shipper or gas retailer may enter the premises for the purpose of ascertaining whether the supply of gas has been restored without the consent of the gas shipper or gas retailer, as the case may be. [24/2007] 57. [ Repealed by Act 24 of 2007 ]


document_id: ga-2001
provision_ref: s58
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 58
title: Entry for replacing, repairing or altering pipes
content:
58. —(1) Subject to section 60, any person authorised by a gas transporter may, after 7 days’ notice to the occupier of any premises, or to the owner of the premises if they are unoccupied, enter the premises for the purpose of — ( a ) placing a new gas plant in the place of any existing gas plant which has already been lawfully placed; or ( b ) maintaining, inspecting, repairing, removing or altering any existing gas fitting. (2) Despite subsection (1), in the case of an emergency arising from any defect in a gas plant or gas fitting, the person authorised by the gas transporter may immediately and without notice enter any premises for the purposes referred to in that subsection, but notice of the entry and the justification for it must then be given as soon as possible after the occurrence of the emergency.


document_id: ga-2001
provision_ref: s59
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 59
title: Entry into premises by gas transporter for purposes of inspection
content:
59. Subject to section 60, a person authorised by a gas transporter may, after 7 days’ notice to the occupier of any premises, or to the owner of the premises if they are unoccupied, enter upon and survey the premises for the purpose of ascertaining whether the premises would be suitable for use for any purpose connected with the carrying on of the activities which the gas transporter is authorised by its gas transporter’s licence to carry on.


document_id: ga-2001
provision_ref: s60
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 60
title: Procedure for rights of entry on land
content:
60. —(1) Except as otherwise provided in this Act and subject to the provisions of this section, a gas transporter, gas shipper or gas retailer authorised to enter upon any land or premises under this Act must not do so unless — ( a ) it has given the required notice in accordance with this Act, or where no particular requirement is made, 14 days’ notice of the intended entry, such notice to be in accordance with subsection (3) and stating as fully and accurately as possible the acts intended to be done; and ( b ) it, or any person authorised by it, has produced a duly authenticated document as evidence of its authority. [24/2007] (2) Where a gas transporter, gas shipper or gas retailer is authorised to enter upon any land or premises under this Act, it must do so at a reasonable time. [24/2007] (3) Any notice referred to in subsection (1)( a ) must — ( a ) where the land is occupied, be given to the occupier; ( b ) where the land is not occupied, be given to the owner if the owner’s name and address are known or can with reasonable diligence be ascertained; ( c ) where the land is not occupied and the name and address of the owner cannot be ascertained with reasonable diligence, be exhibited in some conspicuous part of the premises not less than 48 hours before the premises are entered; and ( d ) where the land is used or reserved for any public purpose, be given to the officer or other person in charge of the execution of that purpose. (4) For the purpose of giving a notice referred to in subsection (1)( a ), the gas licensee or person authorised by the gas licensee is entitled to enter the premises. (5) Where, in the exercise of any right of entry conferred by or under this Part, any damage is caused to any premises or to any movable property, any person interested in the premises or movable property may recover reasonable compensation as may be agreed in respect of that damage from the gas licensee on whose behalf the power is exercised. (6) For the purposes of this Part, “premises”, where the context requires, includes a building or structure or other place in which gas is escaping or suspected to be escaping.


document_id: ga-2001
provision_ref: s61
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 61
title: Provisions as to powers of entry
content:
61. —(1) No person authorised by a gas transporter, gas shipper or gas retailer may exercise any powers of entry conferred by this Part or the regulations and no licensed gas service worker may exercise any powers of entry under the regulations unless — ( a ) the person so authorised or the licensed gas service worker (as the case may be) is a fit and proper person to exercise those powers; or ( b ) in cases of emergency, those powers are powers conferred by section 53. [24/2007] (2) Where, in pursuance of any powers of entry conferred by this Part or the regulations, entry is made on any premises by a person authorised by a gas transporter, gas shipper or gas retailer, or by a licensed gas service worker — ( a ) the person so authorised or the licensed gas service worker must ensure that the premises are left no less secure by reason of the entry; and ( b ) if, in taking any action therein authorised by this Part or the regulations, or in making the premises secure — (i) the person so authorised or the licensed gas service worker; or (ii) any person accompanying the person so authorised or the licensed gas service worker in entering the premises, causes any damage to the premises or to any movable property, the gas transporter, gas shipper, gas retailer or licensed gas service worker (as the case may be) must — (iii) make good that damage; or (iv) pay any person interested in the premises or movable property such reasonable compensation as may be agreed in respect of that damage. [24/2007] (3) Any person authorised by a gas transporter, gas shipper or gas retailer or any licensed gas service worker exercising the powers of entry conferred by this Part or the regulations may be accompanied by such persons as may be necessary or expedient for the purpose for which the entry is made, or for the purposes of subsection (2). [24/2007] (4) If any person intentionally obstructs any other person exercising powers of entry conferred by this Part or the regulations, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both, or in a case where the obstruction endangers life or property, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both. (5) The Authority may by regulations made under section 96 make provision for empowering a person authorised by a gas transporter — ( a ) to enter any premises in which there is a gas service pipe connected with a gas main for the purpose of inspecting any gas fitting or gas appliance on the premises, any flue or means of ventilation used in connection with any such gas fitting or gas appliance or any part of the gas pipeline network on the premises, that is to say, any gas service pipe or other apparatus (not being a gas fitting) which is on the premises and is used for the conveyance or supply of gas or is connected with a gas main; and ( b ) where the person so enters such premises, to examine or apply any test to any such object as is mentioned in paragraph ( a ) and, where the object is a gas fitting, to verify what supply of air is available for it.


document_id: ga-2001
provision_ref: s61AA
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 61AA
title: Prohibition relating to gas for electricity generation, etc.
content:
61AA. —(1) Unless the Authority otherwise allows, a person must not provide gas to any prescribed generation entity unless the person holds a gas importer’s licence (central import). (2) Subsection (1) does not apply in respect of any contract for the provision of gas to a prescribed generation entity that was entered into before the date of commencement of section 37 of the Energy Transition Measures and Other Amendments Act 2024, or any such contract that is renewed or extended before, on or after that date. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction. (4) Without affecting subsection (3), where any person contravenes subsection (1), the contract by which the person purports to provide gas to the prescribed generation entity is void to the extent of the contravention. (5) Nothing in this Act prohibits a gas importer that holds a gas importer’s licence (central import) from providing gas to any person that is not a prescribed generation entity (whether or not for the purpose of generating electricity) in accordance with any restrictions and conditions imposed under section 9. (6) Without affecting section 19, any contract entered into by the holder of a gas importer’s licence (central import) that contravenes any condition of the licence is void to the extent of the contravention. [Act 27 of 2024 wef 01/09/2025]


document_id: ga-2001
provision_ref: s61AB
chapter: PART 6 - GAS RETAILERS, GAS IMPORTERS AND GENERAL PROVISIONS
section: 61AB
title: Duties of gas importer holding gas importer’s licence (central import)
content:
61AB. It is the duty of the holder of a gas importer’s licence (central import) to avoid undue preference or undue discrimination as between prescribed generation entities in the terms on which it undertakes to provide any gas to any prescribed generation entity. [Act 27 of 2024 wef 01/09/2025]


document_id: ga-2001
provision_ref: s61A
chapter: PART 7 - GAS NETWORK CODE
section: 61A
title: Interpretation of this Part
content:
61A. In this Part, unless the context otherwise requires –– “designated gas transporter” means a gas transporter declared by the Authority, by notification in the Gazette , to be a designated gas transporter for the purposes of this Part; “gas” means natural gas; “gas pipeline network” means any gas pipeline network which is used by the designated gas transporter for the conveyance of gas from any onshore receiving facility; “relevant gas shipper” means a gas shipper who ships gas by means of a gas pipeline network. [24/2007]


document_id: ga-2001
provision_ref: s61B
chapter: PART 7 - GAS NETWORK CODE
section: 61B
title: Gas Network Code
content:
61B. —(1) The Authority must issue a Gas Network Code for the use and operation of a gas pipeline network, which must include the following: ( a ) the governing of arrangements between the designated gas transporter and the relevant gas shippers for the purpose of enabling or ensuring that — (i) no person is prevented from gaining access to the gas pipeline network; and (ii) there is no undue discrimination for or against — (A) the designated gas transporter; or (B) any person’s access to the gas pipeline network; ( b ) the governing of the activities of the designated gas transporter and the relevant gas shippers; ( c ) the establishing and governing of the principles and methodologies relating to the operation of the gas pipeline network; ( d ) the establishing and governing of the charges payable by, and other liabilities to be discharged by, the designated gas transporter and the relevant gas shippers. [24/2007] (2) The designated gas transporter — ( a ) may modify the Gas Network Code in such manner as is provided in the Gas Network Code; and ( b ) must modify the Gas Network Code if directed to do so by the Authority. [24/2007] (3) Any modification to the Gas Network Code under subsection (2) is subject to approval by the Authority, which approval must be granted unless the Authority determines that the modification — ( a ) being a modification made under subsection (2)( a ) — (i) prevents any person from gaining access to any gas pipeline network; or (ii) unduly discriminates in favour of or against — (A) the designated gas transporter; or (B) any person’s access to the gas pipeline network; or ( b ) is inconsistent with any function or duty of the Authority under section 3(3). [24/2007] (4) The Gas Network Code issued or modified in accordance with this section must be published by the designated gas transporter in such manner as will secure adequate publicity. [24/2007] (5) The designated gas transporter or any relevant gas shipper must not do any thing which, or must not omit to do any thing the omission of which, has or is likely to have an adverse effect on or compromise — ( a ) the safety or efficiency (including economic efficiency) of a gas pipeline network or any of its operations; or ( b ) the security or reliability of the conveyance of gas by means of a gas pipeline network. [24/2007] (6) The Gas Network Code is deemed not to be subsidiary legislation. [24/2007]


document_id: ga-2001
provision_ref: s61C
chapter: PART 7 - GAS NETWORK CODE
section: 61C
title: Implementation of Gas Network Code
content:
61C. —(1) The designated gas transporter must devise such tests or trials as are required for the implementation of a Gas Network Code proposed to be issued by the Authority under section 61B. [24/2007] (2) The designated gas transporter and every relevant gas shipper must participate in any test or trial devised under subsection (1). [24/2007]


document_id: ga-2001
provision_ref: s61D
chapter: PART 7 - GAS NETWORK CODE
section: 61D
title: Gas Network Code has effect as contract
content:
61D. —(1) The Gas Network Code is deemed to be, and operates as, a binding contract between the designated gas transporter and each relevant gas shipper. [24/2007] (2) The designated gas transporter and each relevant gas shipper are deemed to have agreed to observe and perform the provisions of the Gas Network Code as far as they are applicable to the designated gas transporter or the relevant gas shipper, as the case may be. [24/2007]


document_id: ga-2001
provision_ref: s61E
chapter: PART 7 - GAS NETWORK CODE
section: 61E
title: Limitation of actions under Gas Network Code
content:
61E. —(1) If the Gas Network Code — ( a ) regulates the manner in which disputes under the Gas Network Code are to be resolved; and ( b ) restricts recourse to the courts until such time as the dispute resolution process in the Gas Network Code has been exhausted, recourse to the courts is to be limited in accordance with the Gas Network Code except in relation to matters of law and jurisdiction. [24/2007] (2) Nothing in this section is to be construed as — ( a ) sanctioning the absolute limitation of appeals to the courts except in relation to matters of facts; or ( b ) limiting the right of any person to seek interim injunctive relief from the courts. [24/2007]


document_id: ga-2001
provision_ref: s61F
chapter: PART 7 - GAS NETWORK CODE
section: 61F
title: Directions in relation to Gas Network Code
content:
61F. —(1) The Authority may, on an application by any relevant gas shipper, direct any relevant direct access customer to do or not to do such things, including to pay to the relevant gas shipper such charges, as may be determined by the Authority — ( a ) in relation to any obligation or liability of the relevant gas shipper under the Gas Network Code; and ( b ) for the purpose of ensuring the security or reliability of the conveyance of gas by the designated gas transporter. [24/2007] (2) An application under subsection (1) must be made in such form and manner as the Authority may determine and must be accompanied by such information and documents as the Authority may require. [24/2007] (3) Any person who fails to comply with any direction given by the Authority under subsection (1) shall be guilty of an offence. [24/2007] (4) In this section, “relevant direct access customer” means any direct access customer to whose premises a relevant gas shipper ships gas. [24/2007]


document_id: ga-2001
provision_ref: s62
chapter: PART 7A - CODES OF PRACTICE
section: 62
title: Codes of practice
content:
62. —(1) The Authority may issue one or more codes of practice for the regulation of activities and conduct in the gas industry. [24/2007] (2) The Authority may at any time modify any code of practice issued under subsection (1) in such manner as may be specified in that code of practice. [24/2007] (3) For the purposes of subsection (1) or (2), the Authority may require any gas licensee to prepare for its consideration such code of practice or such modification to any code of practice as the Authority may determine. [24/2007] (4) Any code of practice issued or modified by the Authority under this section must be published by the Authority in such manner as will secure adequate publicity. [24/2007] (5) If any provision in any code of practice issued by the Authority is inconsistent with any regulations made under this Act, such provision shall, to the extent of the inconsistency, either have effect subject to such regulations or, where appropriate, having regard to such regulations, shall not have effect. [24/2007] (6) The Authority is to specify the codes of practice which are applicable to a gas licensee or a class of gas licensees and each gas licensee must, subject to subsection (7), comply with such codes of practice as are applicable to it. [24/2007] (7) The Authority may exempt, either generally or subject to such conditions as the Authority may determine, any gas licensee or class of gas licensees from any provision in any code of practice which is applicable to that gas licensee or class of gas licensees. [24/2007] (8) Any code of practice issued by the Authority under this section is deemed not to be subsidiary legislation. [24/2007] (9) In this section, a reference to a code of practice includes a reference to a standard of performance. [24/2007]


document_id: ga-2001
provision_ref: s63
chapter: PART 7A - CODES OF PRACTICE
section: 63
title: Directions by Authority
content:
63. —(1) The Authority may give directions to a gas licensee or any other person for or with respect to any code of practice, standard of performance or other procedures — ( a ) to ensure the security or reliability of the conveyance of gas to consumers’ premises; ( b ) in the interests of public safety; or ( c ) as may be necessary to enable the Authority to carry out its functions and duties under section 3(3). [24/2007] (2) Any person who fails to comply with any direction given by the Authority under subsection (1) shall be guilty of an offence. [24/2007]


document_id: ga-2001
provision_ref: s63A
chapter: PART 7B - CONTROL OF GAS LICENSEES AND ENTITIES WITH
section: 63A
title: Interpretation of this Part
content:
63A. In this Part, unless the context otherwise requires — “12% controller”, in relation to a designated gas licensee, designated entity or designated business trust, means a person, not being a 25% controller, who, alone or together with the person’s associates — ( a ) holds 12% or more of the total equity interests in; or ( b ) is in a position to control 12% or more of the voting power in, the designated gas licensee, designated entity or designated business trust; [Act 27 of 2024 wef 01/07/2025] “25% controller”, in relation to a designated gas licensee, designated entity or designated business trust, means a person, not being a 30% controller, who, alone or together with the person’s associates — ( a ) holds 25% or more of the total equity interests in; or ( b ) is in a position to control 25% or more of the voting power in, the designated gas licensee, designated entity or designated business trust; [Act 27 of 2024 wef 01/07/2025] “30% controller”, in relation to a designated gas licensee, designated entity or designated business trust, means a person, not being a 50% controller, who, alone or together with the person’s associates — ( a ) holds 30% or more of the total equity interests in; or ( b ) is in a position to control 30% or more of the voting power in, the designated gas licensee, designated entity or designated business trust; [Act 27 of 2024 wef 01/07/2025] “50% controller”, in relation to a designated gas licensee, designated entity or designated business trust, means a person, not being a 75% controller, who, alone or together with the person’s associates — ( a ) holds 50% or more of the total equity interests in; or ( b ) is in a position to control 50% or more of the voting power in, the designated gas licensee, designated entity or designated business trust; [Act 27 of 2024 wef 01/07/2025] “75% controller”, in relation to a designated gas licensee, designated entity or designated business trust, means a person who, alone or together with the person’s associates — ( a ) holds 75% or more of the total equity interests in; or ( b ) is in a position to control 75% or more of the voting power in, the designated gas licensee, designated entity or designated business trust; [Act 27 of 2024 wef 01/07/2025] “arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied; “associate” has the meaning given to that expression in regulations made under section 63CA; “business trust” has the meaning given by section 2 of the Business Trusts Act 2004; “chief executive officer”, in relation to a designated gas licensee, means any person, by whatever name described, who — ( a ) is in the direct employment of, or acting for or by arrangement with, the designated gas licensee; and ( b ) is principally responsible for the management and conduct of any type of business of the designated gas licensee, and includes any person for the time being performing all or any of the functions or duties of a chief executive officer; “corporation” has the meaning given by section 4(1) of the Companies Act 1967; “designated business trust” means a business trust that is established wholly or partly in respect of a gas pipeline network (or any part thereof) and which has been declared by the Minister to be a designated business trust for the purposes of this Part; “designated entity” means an entity, not being a gas licensee — ( a ) that owns a gas pipeline network (or any part of a gas pipeline network); or ( b ) which the Authority is satisfied — (i) will engage in (but has not yet commenced engaging in); or (ii) is engaging in, an activity mentioned in section 6(1) that is critical to Singapore’s energy security and reliability, and is declared by the Minister to be a designated entity for the purposes of this Part; [Act 27 of 2024 wef 01/07/2025] “designated gas licensee” means any of the following: ( a ) a gas transporter; ( b ) a gas transport agent; ( c ) an LNG terminal operator; ( d ) any other gas licensee declared by the Minister to be a designated gas licensee for the purposes of this Part; “entity” includes a corporation and a limited liability partnership; “equity interest” has the meaning given to that expression in regulations made under section 63CA; “indirect controller”, in relation to a designated gas licensee, designated entity or designated business trust, means any person, whether acting alone or together with any other person, and whether with or without holding equity interests or controlling the voting power in the designated gas licensee, designated entity or designated business trust — ( a ) in accordance with whose directions, instructions or wishes the directors or other officers of the licensee, the entity or the trustee-manager of the business trust (as the case may be) are accustomed or under an obligation, whether formal or informal, to act; or ( b ) who is in a position to determine the policy of the licensee, the entity or the trustee-manager of the business trust, but does not include — ( c ) in the case of the licensee, any person who is a director or other officer of the licensee and whose appointment as such has been approved by the Authority under section 63H; or ( d ) any person in accordance with whose directions, instructions or wishes the directors or other officers of the licensee, the entity or the trustee‑manager of the business trust (as the case may be) are accustomed to act by reason only that they act on advice given by the person in the person’s professional capacity; “limited liability partnership” has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “trustee-manager” has the meaning given by section 2 of the Business Trusts Act 2004. [24/2007; 43/2018]


document_id: ga-2001
provision_ref: s63B
chapter: PART 7B - CONTROL OF GAS LICENSEES AND ENTITIES WITH
section: 63B
title:
Control of equity interests and voting power in, and business of, designated gas licensee, designated entity and designated business trust

content:
63B. —(1) A designated gas licensee, a designated entity or the trustee‑manager of a designated business trust must each give written notice to the Authority if any person acquires equity interest in the licensee, the entity or the business trust (as the case may be) whether through a series of transactions over a period of time or otherwise, that would result in that person holding 5% or more but less than 12% of the total equity interest in the licensee, the entity or the business trust, respectively. [43/2018] (2) The notice under subsection (1) must be given within 5 days after the designated gas licensee, the designated entity or the trustee‑manager of the designated business trust (as the case may be) becomes aware of the acquisition mentioned in that subsection. [43/2018] (3) No person may, whether through a series of transactions over a period of time or otherwise, become a 12% controller, a 25% controller, a 30% controller, a 50% controller, a 75% controller or an indirect controller of a designated gas licensee, a designated entity or a designated business trust without obtaining the prior written approval of the Authority. [43/2018] [Act 27 of 2024 wef 01/07/2025] (3A) No person may, whether through a series of transactions over a period of time or otherwise, cease to become a 50% controller or a 75% controller of a designated gas licensee, a designated entity or a designated business trust without obtaining the prior written approval of the Authority. [Act 27 of 2024 wef 01/07/2025] (4) No person may acquire as a going concern — ( a ) the business (or any part thereof) of a designated gas licensee conducted pursuant to its licence; ( b ) the business (or any part thereof) of a designated entity which — (i) for a designated entity within paragraph ( a ) of the definition of “designated entity” in section 63A — relates to a gas pipeline network or any part thereof owned by the designated entity; and (ii) for a designated entity within paragraph ( b ) of the definition of “designated entity” in section 63A — relates to the activity or any part thereof by reason of which it is a designated entity; or [Act 27 of 2024 wef 01/07/2025] ( c ) the business (or any part thereof) of a designated business trust relating to a gas pipeline network or any part thereof in respect of which, wholly or in part, the business trust is established, unless the person, and the licensee, the entity or the trustee-manager of the business trust (as the case may be) obtain the prior written approval of the Authority. [24/2007; 43/2018]


document_id: ga-2001
provision_ref: s63C
chapter: PART 7B - CONTROL OF GAS LICENSEES AND ENTITIES WITH
section: 63C
title: Approval of applications under section 63B
content:
63C. —(1) The Authority may approve an application of a person for the Authority’s approval under section 63B(3) if the Authority is satisfied that — ( a ) the person, and every associate of the person known to the Authority, is a fit and proper person; [Act 27 of 2024 wef 01/07/2025] ( b ) having regard to the likely influence of the person and every associate of the person known to the Authority — (i) the designated gas licensee or designated entity (as the case may be) will continue to conduct its business prudently and comply with the provisions of this Act; or (ii) the trustee-manager of the designated business trust will continue to conduct the business of the business trust prudently and comply with the provisions of this Act; and [Act 27 of 2024 wef 01/07/2025] ( c ) it is in the public interest to do so. [24/2007] (1A) The Authority may approve an application of a person for the Authority’s approval under section 63B(3A) if the Authority is satisfied that — ( a ) the designated gas licensee, the designated entity or the trustee-manager of the designated business trust will continue to conduct its business or the business of the business trust (as the case may be) prudently and comply with the provisions of this Act, despite the person ceasing to be a 50% controller or a 75% controller; and ( b ) it is in the public interest to do so. [Act 27 of 2024 wef 01/07/2025] (2) The Authority may approve an application for the Authority’s approval under section 63B(4) if the Authority is satisfied that — ( a ) the person acquiring the business is a fit and proper person; ( b ) the acquisition will not affect the security or reliability of the conveyance of gas to consumers’ premises; and ( c ) it is in the public interest to do so. [24/2007] (3) Any approval granted by the Authority under this section is without prejudice to the operation of Part 9. [24/2007] (4) Any approval by the Authority under this section may be granted subject to such conditions as the Authority may determine, including but not limited to any condition — ( a ) restricting the disposal or further acquisition of equity interests or voting power in the designated gas licensee, designated entity or designated business trust; or ( b ) restricting the exercise of voting power in the designated gas licensee, designated entity or designated business trust. [24/2007] (5) The Authority may at any time add to, vary or revoke any condition imposed under this section. [24/2007] (6) Any condition imposed under this section has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, trust deed or other constitution of the designated gas licensee, designated entity or designated business trust. [24/2007; 43/2018]


document_id: ga-2001
provision_ref: s63CA
chapter: PART 7B - CONTROL OF GAS LICENSEES AND ENTITIES WITH
section: 63CA
title: Regulations for carrying out sections 63B and 63C
content:
63CA. —(1) The Authority may, with the approval of the Minister, make such regulations under section 96 as are necessary or expedient for carrying out the purposes of sections 63B and 63C. [43/2018] (2) Without limiting subsection (1), the regulations may prescribe — ( a ) the meaning of equity interest and the circumstances under which a person is treated as holding a percentage of the total equity interest in a designated gas licensee, a designated entity or a designated business trust; ( b ) the circumstances under which a person is treated as being in a position to control a percentage of the voting power in a designated gas licensee, a designated entity or a designated business trust; ( c ) the circumstances under which a person is treated as having acquired as a going concern a business mentioned in section 63B(4); ( d ) the circumstances under which a person is treated as being an associate for the purposes of sections 63A, 63E and 63G; and ( e ) the manner in which any notice or application under section 63B must be given or made, and the person or persons who must give the notice or make the application. [43/2018]


document_id: ga-2001
provision_ref: s63D
chapter: PART 7B - CONTROL OF GAS LICENSEES AND ENTITIES WITH
section: 63D
title: Power to exempt
content:
63D. The Authority may, by order in the Gazette , exempt — ( a ) any person or class of persons; or ( b ) any class or description of equity interests, from section 63B(1), (3), (3A) or (4), subject to such conditions as may be specified in the order. [24/2007] [Act 27 of 2024 wef 01/07/2025]


document_id: ga-2001
provision_ref: s63E
chapter: PART 7B - CONTROL OF GAS LICENSEES AND ENTITIES WITH
section: 63E
title: Power to issue directions
content:
63E. —(1) The Authority may issue any direction under subsection (2), (2A) or (3) (as the case may be) to a person if the Authority is satisfied that — ( a ) the person has contravened section 63B(3), (3A) or (4); [Act 27 of 2024 wef 01/07/2025] ( b ) in the case of a person who has obtained the Authority’s approval under section 63B(3) or who has been exempted from section 63B(3) under section 63D — (i) the person or any associate of the person is not or ceases to be a fit and proper person; [Act 27 of 2024 wef 01/07/2025] (ii) having regard to the likely influence of the person or any associate of the person — (A) the designated gas licensee or designated entity (as the case may be) is not, or is no longer, likely to conduct its business prudently or to comply with the provisions of this Act; or (B) the trustee-manager of the designated business trust is not, or is no longer, likely to conduct the business of the business trust prudently or to comply with the provisions of this Act; or [Act 27 of 2024 wef 01/07/2025] (iii) it is not, or is no longer, in the public interest to allow the person to continue to be a 12% controller, a 25% controller, a 30% controller, a 50% controller, a 75% controller or an indirect controller, as the case may be; [Act 27 of 2024 wef 01/07/2025] ( ba ) in the case of a person who has obtained the Authority’s approval under section 63B(3A) or who has been exempted from section 63B(3A) under section 63D, and ceases to be a 50% controller or a 75% controller of the designated gas licensee, designated entity or trustee-manager of the designated business trust, as the case may be — (i) the designated gas licensee or designated entity (as the case may be) is not conducting, or is no longer likely to conduct, its business prudently or to comply with the provisions of this Act because of the cessation; or (ii) the trustee-manager of the designated business trust is not conducting, or is no longer likely to conduct, the business of the business trust prudently or to comply with the provisions of this Act because of the cessation; [Act 27 of 2024 wef 01/07/2025] ( c ) in the case of a person who has obtained the Authority’s approval under section 63B(4) or who has been exempted from section 63B(4) under section 63D, and who has acquired as a going concern a business referred to in section 63B(4) — (i) the person is not or ceases to be a fit and proper person; or (ii) it is not, or is no longer, in the public interest to allow the person to continue to own or manage that business; ( d ) the person has furnished false or misleading information or documents to the Authority in connection with the person’s application for the Authority’s approval under section 63B(3), (3A) or (4); [Act 27 of 2024 wef 01/07/2025] ( e ) the Authority would not have approved the person’s application for its approval under section 63B(3), (3A) or (4) had it been aware, at that time, of circumstances relevant to the application; or [Act 27 of 2024 wef 01/07/2025] ( f ) any condition imposed on the person under section 63C or 63D has not been complied with. [24/2007] [Act 27 of 2024 wef 01/07/2025] (2) Where the person is a 12% controller, a 25% controller, a 30% controller, a 50% controller, a 75% controller or an indirect controller of a designated gas licensee, designated entity or designated business trust, the Authority may, by written notice — ( a ) direct the person to take such steps as are necessary, within such period as may be specified by the Authority, to ensure that the person ceases to be a 12% controller, a 25% controller, a 30% controller, a 50% controller, a 75% controller or an indirect controller of the licensee, entity or business trust; [Act 27 of 2024 wef 01/07/2025] ( b ) direct the person or any of the person’s associates to transfer or dispose of all or any of the equity interests in the licensee, entity or business trust held by the person or the person’s associate (called in this section and section 63F the specified equity interests) within such time and subject to such conditions as the Authority considers appropriate; ( c ) restrict the transfer or disposal of the specified equity interests; or ( d ) make any other direction that the Authority considers appropriate. [24/2007] [Act 27 of 2024 wef 01/07/2025] (2A) Where the person has ceased to be a 50% controller or a 75% controller of a designated gas licensee, designated entity or designated business trust (as the case may be), the Authority may, by written notice — ( a ) direct the person to take any steps that are necessary, within the period specified by the Minister, to resume being a 50% controller or a 75% controller, as the case may be; ( b ) direct any transferee to whom the person had transferred its equity interests so as to cease to be a 50% controller or a 75% controller (called in this section and section 63F the relevant equity interests) to take any steps that are necessary, within the period specified by the Minister, to transfer all or any of those equity interests back to the person; ( c ) restrict the transfer or disposal of the relevant equity interests; or ( d ) make any other direction that the Minister considers appropriate. [Act 27 of 2024 wef 01/07/2025] (3) Where the person has acquired as a going concern a business referred to in section 63B(4), the Authority may, by written notice — ( a ) direct the person to transfer or dispose of the business or any part thereof within such time and subject to such conditions as the Authority considers appropriate; ( b ) restrict the transfer or disposal of the business or any part thereof; or ( c ) make such other direction as the Authority considers appropriate. [24/2007] (4) Before issuing any direction to any person under subsection (2), (2A) or (3), the Authority must, unless the Authority decides that it is not practicable or desirable to do so, give to that person notice in writing of the Authority’s intention to issue the direction and specifying a date by which the person may make written representations with regard to the proposed direction. [24/2007] [Act 27 of 2024 wef 01/07/2025] (5) Upon receipt of any written representation referred to in subsection (4), the Authority must consider it for the purpose of determining whether to issue the direction. [24/2007] (6) Any person to whom a direction is issued under this section must comply with the direction. [24/2007] (7) The Authority may at any time vary or revoke any direction issued under this section. [24/2007]


document_id: ga-2001
provision_ref: s63F
chapter: PART 7B - CONTROL OF GAS LICENSEES AND ENTITIES WITH
section: 63F
title: Effect of directions
content:
63F. —(1) Any direction issued by the Authority to any person under section 63E takes effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, trust deed or other constitution of the designated gas licensee, designated entity or designated business trust, as the case may be. [24/2007; 43/2018] (2) Where any direction is issued under section 63E(2)( b ) or ( c ) or (2A)( b ) or ( c ), despite the provisions of any other written law or anything contained in the memorandum or articles of association, trust deed or other constitution, of the designated gas licensee, designated entity or designated business trust (as the case may be) — ( a ) no voting rights are exercisable in respect of the specified equity interests or relevant equity interests unless the Authority expressly permits such rights to be exercised; [Act 27 of 2024 wef 01/07/2025] ( b ) no equity interests in the licensee, entity or business trust may be issued or offered (whether by way of rights, bonus or otherwise) in respect of the specified equity interests or relevant equity interests unless the Authority expressly permits such issue or offer; and [Act 27 of 2024 wef 01/07/2025] ( c ) except in a winding up of the licensee, entity or business trust, payments must not be made by the licensee, entity or trustee‑manager of the business trust of any amount (whether by way of dividends or otherwise) in respect of the specified equity interests or relevant equity interests unless the Authority expressly authorises such payment, until the transfer or disposal is effected in accordance with the direction or until the restriction on the transfer or disposal is removed, as the case may be. [24/2007; 43/2018] [Act 27 of 2024 wef 01/07/2025]


document_id: ga-2001
provision_ref: s63G
chapter: PART 7B - CONTROL OF GAS LICENSEES AND ENTITIES WITH
section: 63G
title: Offences, penalties and defences
content:
63G. —(1) Any person who contravenes section 63B(1), (3), (3A) or (4) or 63E(6) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, to a fine not exceeding $1 million 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. [24/2007] [Act 27 of 2024 wef 01/07/2025] (2) Where a person is charged with an offence in respect of a contravention of section 63B(3) or (3A), it is a defence for the person to prove that — ( a ) the person was not aware that the person had contravened section 63B(3) or (3A); and [Act 27 of 2024 wef 01/07/2025] ( b ) the person has, within 14 days of becoming aware that the person had contravened section 63B(3) or (3A), notified the Authority of the contravention and, within such time as may be determined by the Authority, taken such actions in relation to the person’s holding of equity interests or control of the voting power in the designated gas licensee, designated entity or designated business trust as the Authority may direct. [24/2007] [Act 27 of 2024 wef 01/07/2025] (3) Where a person is charged with an offence in respect of a contravention of section 63B(3), it is also a defence for the person to prove that, even though the person was aware of the contravention — ( a ) the contravention occurred as a result of an increase in the holding of equity interests, or in the voting power controlled, by any of the person’s associates; ( b ) the person has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of equity interests or other interests in, or under which they act together in exercising their voting power in relation to, the designated gas licensee, designated entity or designated business trust; and ( c ) the person has, within 14 days of the date of the contravention, notified the Authority of the contravention and, within such time as may be determined by the Authority, taken such actions in relation to the person’s holding of equity interests or control of the voting power in the designated gas licensee, designated entity or designated business trust as the Authority may direct. [24/2007; 43/2018] (3A) Where a person is charged with an offence in respect of a contravention of section 63B(3A), it is also a defence for the person to prove that, even though the person was aware of the contravention — ( a ) the contravention occurred as a result of a decrease in the holding of equity interests or in the voting power controlled by any of the person’s associates; ( b ) the person has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of equity interests in, or under which they act together in exercising their voting power in relation to, the designated gas licensee, the designated entity or the designated business trust; and ( c ) the person has, within 14 days of the date of the contravention, notified the Authority of the contravention and, within such time as may be determined by the Authority, taken such actions in relation to the person’s holding of equity interests or control of voting power in the designated gas licensee, the designated entity or the designated business trust as the Authority may direct. [Act 27 of 2024 wef 01/07/2025] (4) Except as provided in subsections (2), (3) and (3A), it is not a defence for a person charged with an offence in respect of a contravention of section 63B(1), (3) or (3A) to prove that the person did not intend to or did not knowingly contravene section 63B(1), (3) or (3A). [24/2007; 43/2018] [Act 27 of 2024 wef 01/07/2025]


document_id: ga-2001
provision_ref: s63H
chapter: PART 7B - CONTROL OF GAS LICENSEES AND ENTITIES WITH
section: 63H
title: Appointment of chief executive officer, director, etc., of designated gas licensee
content:
63H. —(1) No designated gas licensee may appoint a person as its chief executive officer, its director or the chairperson of its board of directors unless it has obtained the prior written approval of the Authority. [24/2007] (2) Where a person has been appointed by a designated gas licensee as its chief executive officer, its director or the chairperson of its board of directors in contravention of subsection (1), the Authority may issue a direction to the licensee to remove that person as its chief executive officer, its director or the chairperson of its board of directors, as the case may be. [24/2007] (3) This section has effect despite the Companies Act 1967 or anything contained in the memorandum or articles of association, or other constitution, of the designated gas licensee. [24/2007]


document_id: ga-2001
provision_ref: s64
chapter: PART 8 - SAFETY
section: 64
title: Safety requirements in relation to gas
content:
64. —(1) No person may carry out any work in such a manner that allows gas to escape unless precautions are taken to prevent any such escape of gas from being a danger to any person or property. (2) No person may connect a gas installation to a source of gas without ensuring that every outlet is sealed with the appropriate gas fitting and the gas installation has been tested for gas tightness. (3) Where a person carries out any work in relation to a gas fitting which might affect the gas tightness of a gas installation, a gas pipeline or gas pipeline network, the person must immediately thereafter test the system for gas tightness. (4) Any person who disconnects a gas fitting must, with the appropriate fitting, seal off every outlet of every pipe to which it is connected. (5) No person carrying out work in relation to a gas fitting which involves exposing any part of the gas installation which contains or contained flammable gas may smoke or use any source of ignition unless the gas installation has been purged so as to remove all such gas or has otherwise been made safe from risk of fire or explosion. (6) No person searching for an escape of gas from a gas fitting may use any source of ignition unless the source of ignition is incorporated as part of an instrument designed for the detection of gas. (7) No person may use any naked flame or carry out any hotwork in the vicinity where gas is known to be leaking. (8) Any person who contravenes any provision of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.


document_id: ga-2001
provision_ref: s65
chapter: PART 8 - SAFETY
section: 65
title: Notified escapes of gas
content:
65. —(1) Where any gas escapes from any gas pipeline owned by, or under the management or control of a gas transporter, or from any internal pipe, gas fitting or gas appliance used by a consumer to whose premises gas is conveyed by the gas transporter, the gas transporter must — ( a ) immediately take steps necessary to prevent the gas from escaping (whether by disconnecting any premises or otherwise); and ( b ) take any other steps necessary to avert danger to life or property. [24/2007] (2) A gas transporter who — ( a ) fails within a reasonable time to effectively prevent the gas from escaping; or ( b ) fails to comply with subsection (1)( b ), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. [24/2007] (3) In any proceedings for an offence under subsection (2)( a ), it is a defence for the gas transporter to prove that — ( a ) it was not reasonably practicable for it to effectively prevent the gas from escaping; and ( b ) it did effectively prevent the escape as soon as it was reasonably practicable for it to do so. (4) In any proceedings for an offence under subsection (2)( b ), it is a defence for the gas transporter to prove that it took all such steps to avert danger to life or property as were reasonably practicable. (5) It is the duty of any gas transporter, gas shipper or gas retailer to take all steps necessary to ensure that, if it is informed by any person (the informant) or otherwise knows of an escape of gas (other than one, in the case of a gas transporter, that it is required by subsection (1) to prevent), it passes the information on, without avoidable delay — ( a ) to a responsible person, that is to say, a person appearing to it — (i) to be responsible (whether under this section or otherwise) for preventing the escape; or (ii) to be the gas transporter from whose gas pipeline network the gas is escaping; or ( b ) to a person nominated by a responsible person to receive information on the responsible person’s behalf about escaping of gas. [24/2007] (6) For the purposes of subsection (5)( b ), there is sufficient compliance if the gas transporter, gas shipper or gas retailer is reasonably satisfied that the informant has passed on the information, without avoidable delay, to the nominated person. [24/2007] (7) For the purposes of subsections (5) and (6), references to the passing on of information to a nominated person are references to the passing on of information to that person in such manner (if any) as may be specified by the responsible person by whom that person was nominated.


document_id: ga-2001
provision_ref: s66
chapter: PART 8 - SAFETY
section: 66
title: Suspected escapes of gas
content:
66. —(1) Where a gas transporter has reasonable cause to suspect that gas conveyed by the gas transporter which has escaped, has entered, or may enter any premises, the gas transporter must take all steps necessary to avert danger to life or property. (2) If a gas transporter fails to comply with subsection (1), it shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. (3) In any proceedings for an offence under subsection (2), it is a defence for the gas transporter to prove that it took all such steps to avert danger to life or property as were reasonably practicable.


document_id: ga-2001
provision_ref: s67
chapter: PART 8 - SAFETY
section: 67
title: Power to disconnect and interrupt supply of gas
content:
67. —(1) Where, on the occurrence of a fire or on the reasonable expectation or occurrence of an operational emergency, a gas transporter, a licensed gas service worker or an authorised officer is of the opinion that immediate action is necessary — ( a ) in the interests of public safety; ( b ) in order to repair damaged gas pipelines; ( c ) in order to avoid undue interference with the efficient conveyance of gas and shipping of gas to consumers; ( d ) for the construction of any new work, alteration to or the maintenance of any existing work; ( e ) for the installation, change or removal of any meter; or ( f ) for the conservation of the supply of gas, the gas transporter or licensed gas service worker or authorised officer (as the case may be) may immediately disconnect or divert the supply of gas to any premises and must immediately thereafter give written notice of the disconnection or diversion to the owner or occupier of the premises. [24/2007] (2) A gas transporter, licensed gas service worker or authorised officer shall not be liable under this section in respect of any injury, loss or damage suffered by any person by reason of — ( a ) any failure to provide or delay in providing any supply of gas or any associated gas fitting or gas appliance; or ( b ) any failure, interruption, suspension or restriction of any supply of gas which has not been caused by the negligence of the gas transporter, licensed gas service worker or authorised officer, as the case may be.


document_id: ga-2001
provision_ref: s68
chapter: PART 8 - SAFETY
section: 68
title: Power to reduce supply pressure
content:
68. A gas transporter may, for operational reasons without incurring any liability for so doing, reduce as it thinks fit the pressure of gas supplied in any case, if at any time it is of the opinion that its gas supply pressure is insufficient for the purposes of maintaining a normal supply of gas, and such pressure must be restored as soon as reasonably practicable.


document_id: ga-2001
provision_ref: s68A
chapter: PART 8A - SEVERE GAS SHORTAGE
section: 68A
title: Meaning of “severe gas shortage situation”
content:
68A. A severe gas shortage situation is a situation in which — ( a ) there is a shortage of natural gas imported into Singapore resulting in any gas importer providing less of such gas to any of its customers than is required under its arrangement with that customer (without taking into consideration any such gas to be provided on a reasonable endeavours basis under that arrangement); and ( b ) given the extent, and the likely period or the uncertainty of the period, of the shortage, the shortage will or is likely to — (i) threaten the security or stability of the supply of gas or electricity in Singapore; or (ii) result in a severe loss of output from any industry sector that uses natural gas as feedstock or fuel stock. [43/2018]


document_id: ga-2001
provision_ref: s68B
chapter: PART 8A - SEVERE GAS SHORTAGE
section: 68B
title: Directions by Authority
content:
68B. —(1) Where the Authority considers that there is an imminent or actual severe gas shortage situation, the Authority may, with the approval of the Minister, give to any person or persons such directions specified in subsection (2) as the Authority considers necessary. [43/2018] (2) The directions for the purpose of subsection (1) are for the purpose of addressing or alleviating the severe gas shortage situation, or preventing the severe gas shortage situation from occurring or continuing, and may be issued at any one or more times before the severe gas shortage situation occurs or during the severe gas shortage situation. [43/2018] (3) For the purposes of subsection (2), a direction may require any person to whom the direction is given to do or not to do any thing, including a direction to — ( a ) enter into or modify any agreement between the person directed and any other person; ( b ) terminate any agreement between the person directed and any other person; ( c ) give any consent or withhold the giving of any consent required under any agreement between the person directed and any other person; or ( d ) provide security for any compensation that the person directed may be liable to pay pursuant to section 68D. [43/2018] (4) A direction under this section remains in force until revoked by the Authority. [43/2018] (5) Any person to whom a direction is given under this section who fails to comply with the direction shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $1 million; and ( b ) 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, and section 19 does not apply to the direction. [43/2018] (6) Any person who does any act which the person knows or ought reasonably to know is or is likely to obstruct, hinder or otherwise prevent a person to whom a direction is given under this section from complying with the direction shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $1 million; and ( b ) 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. [43/2018] (7) No action, suit or other legal proceedings shall lie against any party to a contract or arrangement made before 3 May 2019, or in relation to, any breach of that contract or arrangement, where such breach is solely attributable to, or occasioned by, the compliance by that party with any direction of the Authority issued under this Part. [43/2018]


document_id: ga-2001
provision_ref: s68C
chapter: PART 8A - SEVERE GAS SHORTAGE
section: 68C
title: Requests for information, etc.
content:
68C. —(1) For the purpose of making a determination on any matter under this Part (including whether or not a direction should be given under this Part), the Authority or the Minister may, by written notice, request for such information and document from such person (including a person likely to be affected by a direction issued under this Part) as the Authority or the Minister considers necessary. [43/2018] (2) Any person who, upon a request mentioned in subsection (1) — ( a ) fails to comply with the request; ( b ) intentionally alters, suppresses or destroys any information or document required by the request; or ( c ) provides to the Authority or the Minister (as the case may be) any information or document that is false, misleading or inaccurate in a material particular, or recklessly provides any such information or document, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [43/2018] (3) Section 5 applies (with the necessary modifications) to information and documents provided under this section to the Authority or the Minister as it applies to information and documents provided to the Authority under section 4. [43/2018]


document_id: ga-2001
provision_ref: s68D
chapter: PART 8A - SEVERE GAS SHORTAGE
section: 68D
title: Regulations for this Part, etc.
content:
68D. —(1) The Minister may make regulations prescribing — ( a ) the circumstances in which any direction issued under section 68B may be modified; ( b ) the circumstances in which compensation is payable for any loss or damage suffered by any person as a result of a direction of the Authority given under section 68B, and for matters relating to the determination and payment of the compensation, including the following: (i) the constitution and appointment of the members of a panel (called in this Part a Pricing Panel) to determine matters concerning the compensation (including the amount), the qualifications of any of the members, the period of tenure of any of the members, and the circumstance in which a member may be disqualified from so acting; (ii) the remuneration and allowances of members of the Pricing Panel; (iii) the procedure to be adopted by the Pricing Panel in its proceedings and the records to be kept by the Pricing Panel; (iv) compelling the attendance of witnesses to give evidence to the Pricing Panel and the examination of witnesses under oath, and compelling the production of documents; (v) the treatment and usage of confidential information and documents received by the Pricing Panel; (vi) matters which the Pricing Panel must — (A) take into account in reckoning the compensation to be paid (including any quantifiable loss or damage suffered by any person as a result of any direction issued by the Authority under section 68B); or (B) disregard in reckoning the compensation (including any quantifiable amount received or recoverable by any person who has suffered loss or damage mentioned in sub‑paragraph (A), that has the effect of compensating the person, in whole or in part, for that loss or damage), and to provide for such other principles as the Minister considers appropriate for the purpose of determining the compensation; (vii) the person or persons by whom the compensation (or any part of the compensation) is payable and the person or persons to whom the compensation (or any part of the compensation) is to be paid, and the manner of payment, as determined by the Pricing Panel; (viii) the circumstances in which the Pricing Panel may review its determination of the compensation; ( c ) fees or charges for any thing done under this Part; and ( d ) anything which is required to be prescribed under this Part or which is necessary or expedient to be prescribed for carrying out or giving effect to the provisions of this Part. [43/2018] (2) The Minister may, in making regulations under this Part, provide that any person who contravenes any regulation shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [43/2018] (3) Every member of a Pricing Panel, when and for so long as the member acts as such, is taken to be a public servant within the meaning of the Penal Code 1871, and enjoys the same judicial immunity as is enjoyed by a District Judge. [43/2018]


document_id: ga-2001
provision_ref: s68E
chapter: PART 8A - SEVERE GAS SHORTAGE
section: 68E
title: Appeals to General Division of High Court
content:
68E. —(1) The person by whom and the person to whom compensation is payable under section 68D may appeal to the General Division of the High Court against a decision of a Pricing Panel in relation to that compensation, upon any question of law or of mixed law and fact. [43/2018; 40/2019] (2) The procedure governing and the costs of such appeal to the General Division of the High Court are as provided for in the Rules of Court. [43/2018; 40/2019] (3) The General Division of the High Court may hear and determine any such appeal and may confirm, reduce, increase or annul the decision of the Pricing Panel, and make such further or other order on such appeal, whether as to costs or otherwise, as the General Division of the High Court thinks fit. [43/2018; 40/2019] (4) There is to be such further right of appeal from decisions of the General Division of the High Court under this section as exists in the case of decisions made by the General Division of the High Court in the exercise of its original civil jurisdiction. [43/2018; 40/2019]


document_id: ga-2001
provision_ref: s68F
chapter: PART 8A - SEVERE GAS SHORTAGE
section: 68F
title: Recovery of compensation
content:
68F. Compensation determined by a Pricing Panel under section 68D as being payable by a person to another person, is a debt due from the person to the other person. [43/2018]


document_id: ga-2001
provision_ref: s69
chapter: PART 9 - COMPETITION
section: 69
title: Agreements, etc., preventing, restricting or distorting competition
content:
69. —(1) Subject to section 71, agreements, decisions or concerted practices by persons which have as their object or effect the prevention, restriction or distortion of competition in any gas market in Singapore are prohibited. (2) Subsection (1) applies, in particular, to agreements, decisions or concerted practices which — ( a ) directly or indirectly fix purchase or selling prices or any other trading conditions of gas in Singapore; ( b ) limit or control production, markets, technical development or investment in the gas industry in Singapore; ( c ) share markets or sources of supply of gas in Singapore; ( d ) apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; ( e ) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts; or ( f ) provide for the acquisition, directly or indirectly, of shares in or the assets of a gas licensee. (3) Subsection (1) applies only if the agreement, decision or practice is, or is intended to be, implemented in Singapore. (4) Subject to section 71, an agreement or a decision which is prohibited by subsection (1) is void. (5) Unless the context otherwise requires, a provision of this Part which is expressed to apply to, or in relation to, an agreement is to be read as applying, with the necessary modifications, equally to, or in relation to, a decision by any person or a concerted practice. (6) Subsection (1) applies to agreements, decisions and concerted practices implemented before, on or after 19 December 2003.


document_id: ga-2001
provision_ref: s70
chapter: PART 9 - COMPETITION
section: 70
title: Abuse of dominant position
content:
70. —(1) Subject to section 71, any conduct on the part of one or more persons which amounts to the abuse of a dominant position in any gas market in Singapore is prohibited if it may affect trade within Singapore. (2) Conduct may, in particular, constitute such an abuse if it consists in — ( a ) directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions of gas in Singapore; ( b ) limiting production, markets or technical developments in the gas industry in Singapore to the prejudice of consumers; ( c ) applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; or ( d ) making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of the contracts. (3) In this section, “dominant position” means a dominant position within Singapore.


document_id: ga-2001
provision_ref: s71
chapter: PART 9 - COMPETITION
section: 71
title: Exemption
content:
71. —(1) The Authority may, with the approval of the Minister, on the application of any person or on its own initiative, grant an exemption from section 69(1) or 70(1) to any agreement or conduct. (2) An exemption under subsection (1) — ( a ) may be granted subject to such conditions or obligations as the Authority considers appropriate; ( b ) has effect for such period as the Authority considers appropriate; and ( c ) must be in writing and sent by the Authority to the person to whom the exemption is granted. (3) The Authority must notify any applicant in writing of its decision under subsection (1) not to grant an exemption. (4) An exemption under this section, unless previously revoked in accordance with the terms of such exemption, continues in force for such period as is specified in such exemption. (5) The Authority may, with the approval of the Minister, on the application of any person or on its own initiative — ( a ) extend the period for which an exemption granted under subsection (1) has effect; ( b ) vary or remove any condition or obligation specified in an exemption; or ( c ) impose additional conditions or obligations in an exemption.


document_id: ga-2001
provision_ref: s72
chapter: PART 9 - COMPETITION
section: 72
title: Request for Authority to examine agreement or to consider conduct, etc.
content:
72. The Authority may, with the approval of the Minister, make regulations — ( a ) to provide for persons who are parties to any agreement or conduct to apply to the Authority for guidance as to whether or not the agreement or conduct is likely to infringe section 69(1) or 70(1); ( b ) to provide for the procedure for an application under paragraph ( a ); ( c ) to prescribe any decision which the Authority may make and the effect of the decision; and ( d ) generally for giving full effect to the objective of this Part. 72A. [ Repealed by Act 37 of 2021 wef 01/09/2025 ]


document_id: ga-2001
provision_ref: s73
chapter: PART 9 - COMPETITION
section: 73
title: Power to investigate
content:
73. The Authority may conduct an investigation if there are reasonable grounds for suspecting that section 69(1) or 70(1) has been infringed.


document_id: ga-2001
provision_ref: s74
chapter: PART 9 - COMPETITION
section: 74
title: Power when conducting investigation
content:
74. —(1) For the purposes of an investigation under section 73, the Authority may, by written notice to any person, require that person to produce to the Authority a specified document, or to provide the Authority with specified information, which the Authority considers relates to any matter relevant to the investigation. (2) A notice under subsection (1) must indicate — ( a ) the subject matter and purpose of the investigation; and ( b ) the nature of the offences created by sections 80, 81 and 82. (3) The Authority may also specify in the notice — ( a ) the time and place at which any document is to be produced or any information is to be provided; and ( b ) the manner and form in which it is to be produced or provided. (4) The power under this section to require a person to produce a document includes the power — ( a ) if the document is produced — (i) to take copies of it or extracts from it; and (ii) to require such person, or any person who is a present or past officer of the firstmentioned person, or is or was at any time employed by the firstmentioned person, to provide an explanation of the document; and ( b ) if the document is not produced, to require such person to state, to the best of such person’s knowledge and belief, where it is. (5) In subsection (1), “specified” means — ( a ) specified, or described, in the notice; or ( b ) falling within a category which is specified, or described, in the notice.


document_id: ga-2001
provision_ref: s75
chapter: PART 9 - COMPETITION
section: 75
title: Power to enter premises under warrant
content:
75. —(1) The Authority may apply to a District Court for a warrant and the Court may issue such a warrant if it is satisfied that — ( a ) there are reasonable grounds for suspecting that there are on any premises documents which are required to be produced under section 74; or ( b ) there are reasonable grounds for suspecting that — (i) there are on any premises documents which the Authority has power under section 74 to require to be produced; and (ii) if the documents were required to be produced, they would not be produced but would be concealed, removed, tampered with or destroyed. (2) A warrant under this section authorises a named officer of the Authority, and any other of its officers whom the Authority has authorised in writing to accompany the named officer — ( a ) to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose; ( b ) to search the premises and take copies of, or extracts from, any document appearing to be of a kind in respect of which the application under subsection (1) was granted (the relevant kind); ( c ) to take possession of any document appearing to be of the relevant kind if — (i) such action appears to be necessary for preserving the document or preventing interference with it; or (ii) it is not reasonably practicable to take copies of the document on the premises; ( d ) to take any other steps which appear to be necessary for the purpose mentioned in paragraph ( c )(i); ( e ) to require any person to provide an explanation of any document appearing to be of the relevant kind or to state, to the best of the person’s knowledge and belief, where it may be found; and ( f ) to require any information which is held in a computer and is accessible from the premises and which the named officer considers relates to any matter relevant to the investigation, to be produced in a form — (i) in which it can be taken away; and (ii) in which it is visible and legible. (3) If, in the case of a warrant issued under subsection (1)( b ), the District Court is satisfied that it is reasonable to suspect that there are also on the premises other documents relating to the investigation concerned, the warrant also authorises the action mentioned in subsection (2) to be taken in relation to any such document. (4) If there is no one at the premises when the named officer proposes to execute such a warrant, he or she must, before executing it — ( a ) take such steps as are reasonable in all the circumstances to inform the occupier of the intended entry; and ( b ) if the occupier is so informed, afford the occupier, or the legal or other representative of the occupier, a reasonable opportunity to be present when the warrant is executed. (5) If the named officer is unable to inform the occupier of the intended entry, the named officer must, when executing the warrant, leave a copy of it in a prominent place on the premises. (6) On leaving any premises which the named officer has entered by virtue of a warrant under this section, the named officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as the named officer found them. (7) A warrant under this section continues in force until the end of the period of one month beginning from the day on which it is issued. (8) Any document of which possession is taken under subsection (2)( c ) may be retained for a period of 3 months. (9) In this section — “named officer” means the officer named in the warrant; “occupier”, in relation to any premises, means a person whom the named officer reasonably believes is the occupier of those premises.


document_id: ga-2001
provision_ref: s76
chapter: PART 9 - COMPETITION
section: 76
title: Privileged communication
content:
76. A person is not required, under any provision of this Part, to produce or disclose a communication — ( a ) between a professional legal adviser and his or her client; or ( b ) made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings, which in proceedings in a court would be protected from disclosure on grounds of privilege.


document_id: ga-2001
provision_ref: s77
chapter: PART 9 - COMPETITION
section: 77
title: Decision following investigation
content:
77. Where, following an investigation conducted under section 73, the Authority considers that section 69(1) or 70(1) has been infringed and the Authority proposes to make a direction under section 78, the Authority must — ( a ) give written notice to the person likely to be affected by such direction; and ( b ) give such person an opportunity to make representations to the Authority.


document_id: ga-2001
provision_ref: s78
chapter: PART 9 - COMPETITION
section: 78
title: Enforcement and appeal
content:
78. —(1) Where the Authority has made a decision that section 69(1) or 70(1) has been infringed, the Authority may give directions to such person as the Authority considers appropriate to bring the infringement to an end. (2) A direction referred to in subsection (1) may, in particular, include provisions — ( a ) where the decision is that any agreement infringes section 69(1) — (i) requiring the person to modify or terminate the agreement; and (ii) in the case of an agreement referred to in section 69(2)( f ), requiring the person to dispose of all or any of the relevant shares or assets, otherwise than to an associated person, within a period specified in the direction, being not less than 3 months after service of the direction; and ( b ) where the decision is that any conduct infringes section 70(1) — (i) requiring the person to modify the conduct in question; or (ii) requiring the person to cease that conduct; and ( c ) in either case, requiring the person — (i) to pay to the Authority a financial penalty in respect of the infringement of an amount not exceeding $1 million or 10% of the annual turnover of such person’s business in Singapore, ascertained from its latest audited accounts, whichever is the higher; and (ii) to provide a performance bond, guarantee or other form of security on such terms and conditions as the Authority may determine. (3) Where a person fails to comply with a direction referred to in subsection (2)( a )(ii), the shares last registered in the name of that person or the assets (as the case may be) that are the subject of the acquisition and specified by the Authority by written notice served on the person, are forfeited to the Government. (4) Any shares or assets forfeited to the Government under subsection (3) must be sold by the Government as soon as practicable and the proceeds of sale, after deduction of the reasonable costs of the forfeiture and sale, must be paid to the person from whom the shares or assets were forfeited. (5) Any person who is aggrieved by any decision or direction of the Authority under this Part may, within 14 days after receipt of the notice referred to in section 79, appeal to the Appeal Panel under Part 10. (6) An appeal under subsection (5) does not suspend the effect of a decision or direction to which the appeal relates unless — ( a ) otherwise allowed by the Minister; or ( b ) the appeal is against the imposition or the amount of a financial penalty. [24/2007] (7) In this section — “associated person” has the meaning given by section 76D(14) of the Companies Act 1967; “relevant shares or assets” means any shares or assets of a gas licensee held by the person that would need to be disposed of in order to cause the acquisition to cease to have the object or effect of preventing, restricting or distorting competition in the gas market in Singapore.


document_id: ga-2001
provision_ref: s79
chapter: PART 9 - COMPETITION
section: 79
title: Notification
content:
79. The Authority must, within 14 days of the Authority making any decision or direction under this Part, notify any person affected by such decision or direction.


document_id: ga-2001
provision_ref: s80
chapter: PART 9 - COMPETITION
section: 80
title: Offences
content:
80. —(1) A person who fails to comply with a requirement imposed on the person under section 74 or 75 shall be guilty of an offence. (2) If a person is charged with an offence under subsection (1) in respect of a requirement to produce a document, it is a defence for the person to prove that — ( a ) the document was not in the person’s possession or under the person’s control; and ( b ) it was not reasonably practicable for the person to comply with the requirement. (3) If a person is charged with an offence under subsection (1) in respect of a requirement — ( a ) to provide information; ( b ) to provide an explanation of a document; or ( c ) to state where a document is to be found, it is a defence for the person to prove that the person had a reasonable excuse for failing to comply with the requirement. (4) Failure to comply with a requirement imposed under section 74 is not an offence if the person imposing the requirement has failed to act in accordance with that section. (5) Any person who intentionally obstructs an officer in the exercise of the officer’s powers under a warrant issued under section 75 shall be guilty of an offence.


document_id: ga-2001
provision_ref: s81
chapter: PART 9 - COMPETITION
section: 81
title: Destroying or falsifying documents
content:
81. Any person who, having been required to produce a document under section 74 or 75 — ( a ) intentionally or recklessly destroys or otherwise disposes of it, falsifies it or conceals it; or ( b ) causes or permits its destruction, disposal, falsification or concealment, shall be guilty of an offence.


document_id: ga-2001
provision_ref: s82
chapter: PART 9 - COMPETITION
section: 82
title: False or misleading information
content:
82. Any person who provides information to the Authority or an authorised officer in connection with any function or duty of the Authority under this Part which is false or misleading in a material particular shall be guilty of an offence.


document_id: ga-2001
provision_ref: s83
chapter: PART 10 - APPEAL PANEL
section: 83
title: Request to establish Appeal Panel
content:
83. —(1) This section applies to — ( a ) a gas licensee who wishes to appeal against a decision of the Authority to modify any condition of its gas licence under section 16; and ( b ) any person who is aggrieved by a direction or decision of the Authority under Part 9. (2) A person to whom this section applies may, within 14 days — ( a ) of the receipt of a direction under section 16 to modify any condition of a gas licence; or ( b ) of the receipt of a notification by the Authority of a direction or decision under Part 9, notify the Minister that the person wishes to make an appeal, providing adequate details of the grounds for the appeal and requesting the Minister to establish an Appeal Panel to consider and determine the appeal. [43/2018] (3) When requested to establish an Appeal Panel, the Minister must, upon consultation with the Authority, unless the request is in the Minister’s opinion of a frivolous, trivial or vexatious nature, establish an Appeal Panel within 30 days after the request to consider and determine the appeal in question. [43/2018]


document_id: ga-2001
provision_ref: s84
chapter: PART 10 - APPEAL PANEL
section: 84
title: Composition and procedure of Appeal Panel
content:
84. —(1) An Appeal Panel established by the Minister must consist of at least 3 persons, one of whom is to be appointed by the Minister to be the chairperson of the Appeal Panel. [24/2007; 43/2018] (2) The Minister may, in establishing the Appeal Panel, provide for — ( a ) the terms and conditions of the membership of the Appeal Panel as the Minister considers appropriate; ( b ) the procedure to be adopted by the Appeal Panel in considering any matter referred to it; and ( c ) any other matters which the Minister considers incidental or expedient for the proper and efficient conduct of an appeal by the Appeal Panel. [24/2007; 43/2018] (3) The remuneration and allowances (if any) of a member of an Appeal Panel are to be determined by the Minister and — ( a ) subject to paragraph ( b ), form part of the expenses of the Authority; and ( b ) where the Appeal Panel is established for the purposes of section 38B, must be borne equally by the person concerned and G , or in any other proportion between the person concerned and G that the Appeal Panel may specify. [Act 27 of 2024 wef 01/07/2025] (4) An Appeal Panel must be independent in the performance of its functions.


document_id: ga-2001
provision_ref: s85
chapter: PART 10 - APPEAL PANEL
section: 85
title: Powers of Appeal Panel
content:
85. —(1) An Appeal Panel must — ( a ) by notice to the Authority and the appellant; or ( b ) where the Appeal Panel is established for the purposes of section 38B, by notice to the person concerned and G , specify the date on and the place at which the appeal is to be heard. [Act 27 of 2024 wef 01/07/2025] (2) An Appeal Panel has all the powers and duties of the Authority that are necessary to carry out its functions and duties under this Act. (3) An Appeal Panel has the powers, rights and privileges vested in a District Court on the hearing of an action, including — ( a ) the enforcement of the attendance of witnesses and their examination on oath or otherwise; ( b ) the compelling of the production of documents; and ( c ) the award of costs and expenses of and incidental to any proceedings before the Appeal Panel. [24/2007] (4) A summons signed by any member of the Appeal Panel as may be authorised by the Appeal Panel is equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents. (5) Where any person being duly summoned to attend before an Appeal Panel does not so attend, that person shall be guilty of an offence. (6) A witness before an Appeal Panel is entitled to the same immunities and privileges as if he or she were a witness before a District Court. (7) All appeals under this section are to be determined, having regard to the nature and complexity of the appeal, as soon as reasonably practicable. (8) In the case of a modification of any condition of a gas licence, the Appeal Panel may either confirm the modification or direct the Authority not to make the modification, and the decision of the Appeal Panel is final. (9) In the case of a direction or decision of the Authority under Part 9, the Appeal Panel may either confirm, vary or reverse the direction or decision of the Authority or direct the Authority to reconsider the direction or decision, and the Appeal Panel’s decision is final. (10) An Appeal Panel established by the Minister to consider and determine an appeal under section 93(3) may determine the appeal by — ( a ) confirming, varying or reversing any decision or direction of the Authority; or ( b ) directing the Authority to reconsider its decision or direction, and the decision of the Appeal Panel is final. [24/2007] (11) The Appeal Panel must notify the appellant of its decision in respect of the appellant’s appeal and the reasons for its decision. (12) Where an Appeal Panel is established for the purposes of section 38B, the Appeal Panel must notify the person and G of its decision in respect of the terms of the agreement required to be determined by it, and the reasons for its decision. [Act 27 of 2024 wef 01/07/2025]


document_id: ga-2001
provision_ref: s86
chapter: PART 11 - MISCELLANEOUS
section: 86
title: Keeping of register
content:
86. —(1) The Authority must, at such location and in such form as it may determine, maintain a register for the purposes of this section. (2) Subject to any direction under subsection (3), the Authority must cause to be entered in the register — ( a ) the provisions of every licence or exemption granted to any person under Part 3 and the details of every licence or exemption revoked; ( b ) the details of a relevant facility in respect of which the Authority has granted an exemption under section 38(8); ( c ) the details of every licensed gas service worker; ( d ) the provisions of an exemption granted under section 71 and the details of any exemption revoked; ( e ) the provisions of an exemption granted under section 94; ( f ) the details of every modification made to a gas licence; and ( g ) any other matters as the Authority thinks fit. (3) If it appears to the Minister that the entry of any provision or detail in the register would be against the public interest, he or she may direct the Authority not to make the entry in the register. (4) The register must be available for inspection by the public during such hours and subject to the payment of such fee as may be specified by the Authority.


document_id: ga-2001
provision_ref: s87
chapter: PART 11 - MISCELLANEOUS
section: 87
title: Effect of direction
content:
87. —(1) The obligation to comply with any direction made by the Authority is a duty owed to any person who may be affected by a contravention of it. (2) Where a duty is owed by virtue of subsection (1) to any person, any breach of the duty which causes that person to sustain loss or damage is actionable at the suit or instance of that person. (3) In any proceedings brought against any person under subsection (2), it is a defence for the person to prove that the person took all reasonable steps and exercised all due diligence to avoid contravening the relevant direction. (4) Without prejudice to any right which any person may have under subsection (2) to bring civil proceedings in respect of any contravention of any relevant direction, compliance with any such direction is enforceable by civil proceedings by the Authority for an injunction or for any other appropriate relief.


document_id: ga-2001
provision_ref: s88
chapter: PART 11 - MISCELLANEOUS
section: 88
title: Jurisdiction of court
content:
88. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court and a Magistrate’s Court have jurisdiction to try any offence under this Act and have power to impose the full penalty or punishment in respect of any offence under this Act.


document_id: ga-2001
provision_ref: s89
chapter: PART 11 - MISCELLANEOUS
section: 89
title: Offences by body corporate
content:
89. Where an offence under this Act has been committed by a company, firm, society or other body of persons, any person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in any such capacity, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless the person proves that — ( a ) the offence was committed without the person’s consent or connivance; and ( b ) the person had exercised all such due diligence to prevent the commission of the offence as the person ought to have exercised, having regard to the nature of the person’s functions in that capacity and to all the circumstances.


document_id: ga-2001
provision_ref: s90
chapter: PART 11 - MISCELLANEOUS
section: 90
title: Fee or financial penalty recoverable
content:
90. Any fee or financial penalty required to be paid to the Authority under this Act may be recovered by it in any court of competent jurisdiction as if it were a simple contract debt.


document_id: ga-2001
provision_ref: s91
chapter: PART 11 - MISCELLANEOUS
section: 91
title: General penalties
content:
91. Any person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.


document_id: ga-2001
provision_ref: s92
chapter: PART 11 - MISCELLANEOUS
section: 92
title: Composition of offences
content:
92. —(1) The Authority may, in its discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $3,000. (2) The Authority may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded.


document_id: ga-2001
provision_ref: s92A
chapter: PART 11 - MISCELLANEOUS
section: 92A
title: Payment into Consolidated Fund
content:
92A. All composition sums collected by the Authority under section 92 and all financial penalties collected by the Authority under this Act, must be paid into the Consolidated Fund. [43/2018]


document_id: ga-2001
provision_ref: s93
chapter: PART 11 - MISCELLANEOUS
section: 93
title: Appeal to Minister
content:
93. —(1) A person aggrieved by — ( a ) any decision of the Authority in the exercise of any discretion vested in it by or under this Act, except for section 27(12) or 38B(6); or [Act 27 of 2024 wef 01/07/2025] ( b ) any direction issued by the Authority under this Act, may, except where provision has been made under this Act for an appeal to be made to an Appeal Panel, appeal to the Minister. [24/2007; 43/2018] (2) An appeal under subsection (1) does not suspend the effect of a decision or direction to which the appeal relates unless — ( a ) otherwise provided in this Act or allowed by the Minister; or ( b ) the appeal is against the imposition or the amount of a financial penalty. [24/2007] (3) Where the Minister considers that an appeal made to the Minister involves issues of such nature or complexity that it ought to be considered and determined by persons with particular technical or other specialised knowledge, the Minister may establish by direction an Appeal Panel, comprising one or more of such persons with particular technical or other specialised knowledge and such other persons as the Minister considers appropriate, to consider and determine the appeal. [24/2007; 43/2018] (4) Any person who has made an appeal to the Minister must provide such information and documents as may be required by the Minister (whether for the purpose of deciding if an Appeal Panel should be established or for determining the appeal) in such manner and within such period as may be specified by the Minister. [24/2007; 43/2018] (5) The Minister may determine an appeal under this section by — ( a ) confirming, varying or reversing any decision or direction of the Authority; or ( b ) directing the Authority to reconsider its decision or direction, and the decision of the Minister is final. [24/2007] (6) The Minister may make regulations prescribing — ( a ) the time and manner in which an appeal must be made under this section; and ( b ) the procedure to be adopted in determining any appeal by the Minister under this section. [43/2018]


document_id: ga-2001
provision_ref: s94
chapter: PART 11 - MISCELLANEOUS
section: 94
title: General exemption
content:
94. The Authority may, with the approval of the Minister and by order in the Gazette , exempt any person or premises or any class of persons or premises, subject to such conditions or restrictions as may be specified in the order, from any or all of the provisions of this Act other than sections 6 to 10 and 63B. [24/2007]


document_id: ga-2001
provision_ref: s95
chapter: PART 11 - MISCELLANEOUS
section: 95
title: Service of documents
content:
95. —(1) Any notice, order or document required or authorised by this Act to be given or served on any person, and any summons issued by a court in connection with any offence under this Act may be served on the person — ( a ) by delivering it to the person or to some adult member or employee of his or her family at his or her last known place of residence; ( b ) by leaving it at the person’s usual or last known place of residence or business in an envelope addressed to the person; ( c ) by affixing it to some conspicuous part of the person’s last known place of residence; ( d ) by sending it by registered post addressed to the person at the person’s usual or last known place of residence or business; or ( e ) where the person to be served is a body corporate — (i) by delivering it to the secretary or other like officer of the body corporate at its registered or principal office; or (ii) by sending it by registered post addressed to the body corporate at its registered or principal office. (2) Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the notice, order, document or summons would, in the ordinary course of post, be delivered and in proving service of the notice, order, document or summons, it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.


document_id: ga-2001
provision_ref: s96
chapter: PART 11 - MISCELLANEOUS
section: 96
title: Regulations
content:
96. —(1) The Authority may, with the approval of the Minister, make regulations for or in respect of every purpose which it considers necessary or convenient to be prescribed for carrying out its functions and duties under, and implementing the provisions of, this Act. (2) Without limiting subsection (1), the Authority may, with the approval of the Minister, make regulations for or in respect of all or any of the following matters: ( a ) the prevention and suppression of pollution, contamination or waste of gas; ( b ) the prevention of misuse of, or damage to, apparatus and works owned by, or under the control or management of, a gas transporter or used for the purposes of conveying or supplying gas; ( c ) the prescribing of materials of which conduits, pipes, and other apparatus and fittings for use in connection with the supply of gas must be made, and in respect of their size, shape, fitting, arrangement, connection, quality and workmanship, testing and inspection and cleaning; ( d ) the protection of the public from dangers arising from the conveyance, supply and use of gas or from any gas plant or gas appliance and the elimination, reduction or prevention of risks of personal injury, damage to property or the interference with the use thereof; ( e ) the regulation of matters relating to the charging in of gas to the premises of consumers by any gas transporter; ( f ) the release of a gas retailer from any obligation owed to a consumer; ( g ) the regulation of the construction, laying or placing of a gas pipeline in, on, over, upon, under, across or along any land and the submission and approval of plans relating thereto; ( h ) the prescribing of standards of quality and pressure of gas to be complied with by a gas transporter conveying gas to premises and standards with respect to the properties, composition and other characteristics of gas, including the odorisation of gas so conveyed; ( i ) the regulation of the appointment of independent and impartial persons to carry out tests of gas conveyed by a gas transporter, and all matters relating thereto; ( j ) the regulation of the construction, pattern, type, specification and other characteristics of meters and the appointment of independent and impartial persons to examine meters and to carry out the stamping of meters where appropriate and all matters relating thereto; ( k ) the prescribing of requirements regarding the maintenance, inspection, repair, removal and replacement and repositioning of a meter at a consumer’s premises and for the keeping in proper order, for the purposes of recording the quantity of gas supplied, of a meter made available or owned by a gas licensee or belonging to a consumer or other person; ( l ) the installation and use of meters, and the prohibition of interference with or damage to a meter or any seal or stamp affixed to or made to a meter; ( m ) the prescribing of methods for determining the charges payable by a consumer in the event a meter is found to be defective or otherwise registering erroneously; ( n ) the conversion of a gas pipeline network and gas appliances so as to allow for the conveyance of natural gas in the gas pipeline network and supply to such gas appliance, including — (i) regulating the manner of the conversion; (ii) the interconnection of gas pipeline networks; (iii) conferring on any person authorised by a gas transporter or gas retailer — (A) the power to obtain information and documents from any person necessary for the purposes of the conversion and interconnection; and (B) the power to enter any premises to carry out any inspection or perform any work relating to such conversion and interconnection; and (iv) the circumstances and the manner in which the supply of gas to any premises may be terminated (despite any agreement for such supply), if the conversion is not or if it appears that the conversion cannot be carried out successfully for the premises or any part of the premises; ( o ) the regulation of the introduction of competition in the natural gas industry and the timing of such introduction; ( p ) the regulation of the installation, use, maintenance and repair of any gas plant by a consumer where required for the purpose of — (i) avoiding pressure fluctuation in a gas pipeline or gas pipeline network owned by, or under the management or control of, a gas transporter; or (ii) preventing the admission of gas into a gas main or gas service pipe, and for the removal, testing and replacing of any such gas plant by a gas transporter; ( q ) the regulation of the inspection, maintenance, repair and renewal of — (i) onshore receiving facilities or LNG terminals; or (ii) gas installations or gas service pipes, including — (A) the person that a gas transporter or person prescribed under section 29(3) must engage to carry out the inspection, maintenance, repair or renewal; and (B) any information or document to be submitted in connection with the inspection, maintenance, repair or renewal, by whom and to whom the information or document must be submitted and the time for the submission, and the recovery of costs incurred by a gas transporter in connection with the inspection, maintenance, repair or renewal; [Act 37 of 2021 wef 01/09/2025] ( r ) the prescribing of technical and standards of performance in connection with the provision of gas supply services by a gas retailer to consumers and the conveyance of gas by a gas transporter and for the publication of the levels of performance achieved; ( s ) the prescribing of terms that will be held to apply as between a gas retailer and a consumer where the gas retailer supplies gas to a consumer other than in accordance with the terms of a contract and for such terms to be approved by the Authority; ( t ) the safety, technical or economic regulation of any gas pipeline or gas pipeline network whether located onshore or offshore; ( u ) the governing of the exercise of the power of the gas transporter to recover expenditure under section 24; ( v ) the conferring on any authorised person of the relevant power, where it is in the authorised person’s opinion necessary to do so, for the purpose of averting danger to life or property, and to disconnect and seal off any gas fitting or any part of the gas pipeline network on the premises, or disconnect the premises or, if the premises are not connected, to signify the refusal of the relevant person to convey gas or (as the case may be) allow gas to be conveyed to the premises and the making of provision for — (i) securing that, where any such power is exercised, the consumer will be notified as to the cause of the exercise of power; (ii) enabling any consumer so notified to appeal to the Authority on grounds that the exercise of the power was unjustified; (iii) enabling the Authority to give such directions in consequence of any such appeal; and (iv) prohibiting any person, subject to such conditions as the Authority may prescribe, from re‑connecting any gas fitting or any part of any gas pipeline network or any premises which have been disconnected or causing gas from a gas main to be conveyed to any premises; ( w ) the regulation of gas service work and the licensing of gas service workers, including — (i) the approval and control of the standards and safety requirements for gas installations, gas fittings, gas appliances and any other associated equipment; (ii) the regulation of the installation, removal and modification of gas appliances; and (iii) the prohibition of the use, sale or hire of gas appliances and other associated equipment and materials; ( x ) the safety, technical or economic regulation of any LNG terminal or onshore receiving facility; ( y ) the regulation of matters relating to the import of gas, including the quantity of gas that may be imported and the mode of such import; ( z ) the prescribing of fees and charges and their method of payment for the purposes of this Act; ( za ) the prescribing of any service provided in connection with the performance of any function or duty of the Authority, for which the Authority may charge a price by way of agreement with the person to whom the service is provided (instead of prescribing the price); [Act 27 of 2024 wef 01/07/2025] ( zb ) anything required to be prescribed or in relation to which regulations may be made under this Act. [24/2007; 43/2018] [Act 27 of 2024 wef 01/07/2025] (3) The Authority may, in making any regulations, provide that any person who contravenes the regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction. (4) All such regulations must be presented to Parliament as soon as possible after publication in the Gazette . (5) For the purpose of subsection (2)( v ), “relevant person” means — ( a ) in relation to dangers arising from the conveyance of gas by a gas transporter, or from the use of gas conveyed by such a gas transporter, that gas transporter; and ( b ) in relation to dangers arising from the conveyance of gas by a person other than a gas transporter, or from the use of gas conveyed by such a person, the Authority.


document_id: ga-2001
provision_ref: s96A
chapter: PART 11 - MISCELLANEOUS
section: 96A
title: Incorporation by reference
content:
96A. —(1) The regulations made under this Act may apply, adopt or incorporate by reference — ( a ) wholly or partially; ( b ) with or without any addition, omission or substitution; or ( c ) specifically or by reference, any code of practice, standard, requirement, specification or other document that relates to any subject matter of any regulations made under this Act (called in this section the material), as in force or published at a particular time or as in force or published from time to time. (2) The material mentioned in subsection (1) may be material issued by the Authority, or material issued by any standards setting organisation, or other organisation or person. (3) Any material applied, adopted or incorporated by reference in the regulations under subsection (1) is to be treated for all purposes as forming part of the regulations. (4) Unless otherwise provided in the regulations, where the material is applied, adopted or incorporated by reference as in force or published from time to time, every amendment to the material that is made by the organisation or person that issued the material is to be treated as being a part of those regulations. (5) Where any material is applied, adopted or incorporated by reference in any provision of any regulations, the Authority must give notice in the Gazette stating — ( a ) that the material is applied, adopted or incorporated in the regulations, and the date from which the material is so applied, adopted or incorporated; ( b ) that the material is available for inspection, free of charge, and the place at which such material may be inspected; ( c ) that copies of the material can be purchased, and the place where the material can be purchased; and ( d ) if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained. (6) In addition, the Authority must cause a copy of every material applied, adopted or incorporated by reference in the regulations under subsection (1), to be made available for inspection by members of the public without charge at any of its offices during normal office hours. (7) To avoid doubt, any part of the material that is not applied, adopted or incorporated by reference in the regulations under subsection (1) has no legislative effect. [Act 37 of 2021 wef 01/09/2025]


document_id: ga-2001
provision_ref: s96B
chapter: PART 11 - MISCELLANEOUS
section: 96B
title: Advisory guidelines
content:
96B. —(1) The Authority may issue advisory guidelines for the purposes of providing practical guidance or certainty in respect of any one or more requirements imposed by or under this Act. (2) The Authority may consult with such person as the Authority thinks fit for the purpose of preparing any advisory guidelines under subsection (1). (3) The advisory guidelines may — ( a ) be of general or specific application; or ( b ) specify that different provisions of the advisory guidelines apply to different circumstances, or are applicable to different persons or classes of persons. (4) The Authority may amend or revoke the whole or part of any advisory guidelines issued under subsection (1). (5) Advisory guidelines issued or amended under this section do not have any legislative effect. (6) Where, in any administrative proceedings commenced in connection with this Act, any provision in this Act to which any advisory guidelines issued under subsection (1) relate is alleged to have been contravened, then — ( a ) compliance with such guidelines; or ( b ) a contravention of or failure to comply with, whether by act or omission, such guidelines, may be relied upon by any party to those proceedings as tending to negative or establish the contravention which is in question in those proceedings. [Act 37 of 2021 wef 01/09/2025] 97. [ Omitted as having had effect ]


document_id: ga-2001
provision_ref: s98
chapter: PART 12 - TRANSITIONAL PROVISIONS
section: 98
title:
Transfer of property, rights, obligations and liabilities for separation of gas transporting and retailing business

content:
98. —(1) On such date as the Minister may determine, such property (whether movable or immovable and whether tangible or intangible), rights, obligations and liabilities comprised in any gas company specified by the Minister — ( a ) in which the Government has an interest; and ( b ) which is agreed to by the Minister for Finance for the purposes of this section, (transferor undertaking) are to become, by virtue of this section and without further assurance, the property, rights, obligations and liabilities of such other gas company specified by the Minister — ( c ) in which the Government has an interest; and ( d ) which is agreed to by the Minister for Finance for the purposes of this section, (transferee undertaking) in such manner of distribution or allocation and on such terms as to compensation or otherwise, as determined by the Minister and agreed to by the Minister for Finance and set out in a scheme under regulations made by the Minister for the purposes of this section. [24/2007] (2) Any immovable property to be transferred to a transferee undertaking under subsection (1) is to be held by such transferee undertaking upon such tenure and subject to such terms and conditions as the Minister may determine. (3) If any question arises as to whether any particular property, right, obligation or liability of any transferor undertaking has been transferred to a transferee undertaking, a certificate signed by the Minister for Finance is conclusive evidence that the property, right, obligation or liability was or was not so transferred. (4) For the purposes of subsection (1) and section 99, the Minister may determine one or more dates on which the provisions of this Part may have effect and where the Minister does so determine, the provisions of this Part are to be construed accordingly and have effect on each such date. (5) For the purpose of subsection (1), the Minister may direct that an undertaking be incorporated for such purposes as the Minister may determine for furthering the objectives of this Part. (6) No claim for any loss may be brought against the Government in relation to any act or thing done for the purposes of this Part. (7) The Minister may at any time vary the terms of any transfer of property, rights, obligations or liabilities under this section. (8) In this section, a reference to the Government having an interest in a gas company is to be read as a reference to the Government having an interest in any share in the gas company, whether directly or through one or more other persons. [24/2007]


document_id: ga-2001
provision_ref: s99
chapter: PART 12 - TRANSITIONAL PROVISIONS
section: 99
title: Existing agreements, etc.
content:
99. —(1) Except as may be prescribed by the Minister, all deeds, bonds, agreements and other arrangements subsisting immediately prior to the date determined by the Minister under section 98(1) affecting any property, rights, obligations and liabilities transferred under that section are to continue in full force and effect on and after that date and are enforceable by or against the transferee undertaking to which the transfer was made as if instead of the transferor undertaking the transferee undertaking was named therein or had been a party thereto. [24/2007] (2) Despite subsection (1), any right, obligation or liability as may have accrued under any deed, bond, agreement or other arrangement to which subsection (1) applies prior to the date determined by the Minister under section 98(1) continues to be enforceable by or against the transferor undertaking and not by or against the transferee undertaking. [24/2007] (3) For the purpose of subsection (2), any proceedings, or any cause of action, relating to property, rights, obligations or liabilities transferred under section 98 pending or existing prior to the date determined by the Minister under section 98(1) by or against the transferor undertaking from which such property, rights, obligations or liabilities were transferred are to be continued, or are to be enforced, by or against the transferor undertaking, as the case may be. [24/2007]


document_id: ga-2001
provision_ref: s100
chapter: PART 12 - TRANSITIONAL PROVISIONS
section: 100
title: Waiver of prohibition of transfer
content:
100. —(1) Any provision in any existing contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which the transferor undertaking is a party or may be bound prohibiting or having the effect of prohibiting the transfer of the property, rights, obligations or liabilities under this Part is deemed by this Act to have been waived. (2) Any provision in any existing contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which the transferor undertaking is a party or may be bound conferring on the other party or parties thereto any right of first refusal or pre‑emption rights in respect of any property, right, obligation or liability comprised in the undertakings to be transferred by reason of or arising from, or to the effect that a default occurs or is deemed to occur as a result of, the transfer or intended transfer of the property, right, obligation or liability under this Part is deemed by this Act to have been waived.


document_id: ga-2001
provision_ref: s101
chapter: PART 12 - TRANSITIONAL PROVISIONS
section: 101
title: Power to make regulations and issue directions, etc.
content:
101. —(1) The Minister may make regulations and may issue directions for such purposes as the Minister may determine for the purposes of giving effect to, or furthering the objectives of, this Part. (2) The Minister may, in making regulations — ( a ) provide that any person who contravenes any regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding 10% of the annual turnover of the person’s gas business ascertained from that person’s latest audited accounts, or an amount not exceeding $1 million, whichever is the higher, or to imprisonment for a term not exceeding 12 months or to both 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; ( b ) where any regulations require the transferor undertaking to do or not to do any thing, provide that the obligation of the transferor undertaking to comply with such regulations is a duty owed to the transferee undertaking and any breach of such duty is actionable at the suit or instance of the transferee undertaking who has a right of action for relief in civil proceedings in a court under the relevant regulation against the transferor undertaking, subject to such limitations as the Minister may prescribe; and ( c ) where any regulations require the transferee undertaking to do or not to do any thing, provide that the obligation of the transferee undertaking to comply with such regulations is a duty owed to the transferor undertaking and any breach of such duty is actionable at the suit or instance of the transferor undertaking who has a right of action for relief in civil proceedings in a court under the relevant regulation against the transferee undertaking, subject to such limitations as the Minister may prescribe. [24/2007] (3) Where the Minister issues any direction requiring any person to do or not to do any thing and the person contravenes such direction, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding 10% of the annual turnover of the person’s gas business ascertained from that person’s latest audited accounts, or an amount not exceeding $1 million, whichever is the higher, or to imprisonment for a term not exceeding 12 months or to both 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. [24/2007] (4) Where the Minister issues any direction — ( a ) requiring the transferor undertaking to provide to the transferee undertaking any information, warranty or other statement; or ( b ) requiring the transferee undertaking to provide to the transferor undertaking any information, warranty or other statement, the undertaking required to provide the information, warranty or other statement (the firstmentioned undertaking) is under an obligation to ensure that such information, warranty or other statement provided to the other undertaking (the second‑mentioned undertaking) is not false, inaccurate, incomplete or misleading. [24/2007] (5) The obligation of the firstmentioned undertaking referred to in subsection (4) is a duty owed to the second‑mentioned undertaking and any breach of such duty which causes the second‑mentioned undertaking to sustain any loss or damage is actionable at the suit or instance of the second‑mentioned undertaking who has a right of action for relief in civil proceedings in a court under this subsection against the firstmentioned undertaking, subject to such limitations as the Minister may prescribe. [24/2007] (6) The court may grant to the claimant in an action under the relevant regulation referred to in subsection (2) or under subsection (4) (as the case may be) all or any of the following reliefs: ( a ) relief by way of injunction or declaration; ( b ) damages; ( c ) any other relief that the court thinks fit. [24/2007] [Act 25 of 2021 wef 01/04/2022] (7) No contravention by any party of any regulations or directions made under this Part avoids the transfer of any property, rights, obligations or liabilities effected under section 98(1). [24/2007]


document_id: gca-1966
provision_ref: s2
section: 2
title: Contracts on behalf of Government
content:
2. —(1) All contracts made in Singapore for or on behalf of the Government shall, if reduced to writing, be made in the name of the Government and may be signed by a Minister or by any public officer duly authorised in writing by the Minister for Finance, either specially in any particular case, or generally for all contracts below a certain value in his Ministry or department. (2) In making an authorisation under subsection (1), it shall be sufficient for the Minister for Finance to name the office held by such public officer and the Minister may cause the authorisation to be published in the Gazette . (3) For the purposes of this section, an individual who is an employee of a statutory body under a secondment arrangement making available temporarily to the Government the service of the individual is deemed to be a public officer during that secondment. [5/2018]


document_id: gca-1966
provision_ref: s3
section: 3
title: Contracts made outside Singapore
content:
3. All contracts made outside Singapore for or on behalf of the Government by a person either generally or specially authorised in writing in that behalf by the Minister for Finance shall, so far as they come within the jurisdiction of the courts in Singapore, be deemed to be Government contracts.


document_id: gca-1966
provision_ref: s4
section: 4
title: No other contracts to be binding
content:
4. No contracts, made after 15 March 1967, shall be binding upon the Government, unless entered into in accordance with this Act and the Constitution. [11/91]


document_id: gca-1966
provision_ref: s5
section: 5
title: Limitation of personal liability of public officer
content:
5. No public officer shall be liable to be sued personally upon any contract which he makes in that capacity; but a public officer shall be personally liable when he expressly pledges his personal credit or where he contracts otherwise than as the agent of the Government.


document_id: gca-1966
provision_ref: s6
section: 6
title: Provision in respect of land
content:
6. —(1) Grants and leases of State lands and leases made under the Foreshores Act 1920 shall be signed by a Collector of Land Revenue. (2) Nothing in this Act shall be deemed to affect the provisions of any written law in Singapore as to the use or occupation of State land.


document_id: gca-1973
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “court” does not include a subordinate military court constituted under the Singapore Armed Forces Act 1972; “protected internee” means a person protected by the Convention set out in the Fourth Schedule and interned in Singapore; “protected prisoner of war” means a person protected by the Convention set out in the Third Schedule; “Protecting Power”, in relation to a protected prisoner of war or a protected internee, means the Power or organisation which is carrying out, in the interests of the Power of which he or she is a national, or of whose forces he or she is, or was at any material time, a member, the duties assigned to Protecting Powers under the Convention set out in the Third or (as the case may be) the Fourth Schedule; “red crescent emblem” means the emblem of a red crescent on a white ground as depicted in Part 1 of the Sixth Schedule; “red cross emblem” means the emblem of a red cross on a white ground formed by reversing the Federal Colours of Switzerland as depicted in Part 2 of the Sixth Schedule; “red crystal emblem” means the emblem of a red crystal composed of a red frame in the shape of a square on edge on a white ground as depicted in Part 3 of the Sixth Schedule; “red lion and sun emblem” means the emblem of a red lion and sun on a white ground as depicted in Part 4 of the Sixth Schedule; “scheduled Conventions” means the Conventions set out in the Schedules. [55/2007]


document_id: gca-1973
provision_ref: s3
chapter: PART 2 - PUNISHMENT OF OFFENDERS AGAINST CONVENTIONS
section: 3
title: Grave breaches of scheduled Conventions
content:
3. —(1) Any person, whatever his or her citizenship or nationality, who, whether in or outside Singapore, commits, aids, abets or procures the commission by any other person of any grave breach of any scheduled Convention as is mentioned in the following Articles respectively of those Conventions: ( a ) Article 50 of the Convention set out in the First Schedule; ( b ) Article 51 of the Convention set out in the Second Schedule; ( c ) Article 130 of the Convention set out in the Third Schedule; or ( d ) Article 147 of the Convention set out in the Fourth Schedule, shall be guilty of an offence and shall be liable on conviction — ( e ) in the case of such a grave breach involving the wilful killing of a person protected by the Convention in question, to imprisonment for life; ( f ) in the case of any other such grave breach, to imprisonment for a term not exceeding 14 years. (2) In the case of an offence under this section committed outside Singapore, a person may be proceeded against, charged, tried and punished therefor in any place in Singapore as if the offence had been committed in that place, and the offence is, for all purposes incidental to or consequential on the trial or punishment thereof, deemed to have been committed in that place. (3) No Magistrate’s Court or District Court has jurisdiction to try any offence under this section, and proceedings for the offence must not be instituted except by or on behalf of the Public Prosecutor. (4) If in proceedings under this section in respect of a grave breach of any scheduled Convention any question arises under Article 2 of that Convention (which relates to the circumstances in which the Convention applies), that question is to be determined by the Minister and a certificate purporting to set out any such determination and to be signed by or on behalf of the Minister must be received in evidence and is deemed to be so signed without further proof, unless the contrary is shown. (5) The written law relating to the trial by a subordinate military court of persons who commit civil offences has effect for the purposes of the jurisdiction of subordinate military courts convened in Singapore as if this section had not been passed.


document_id: gca-1973
provision_ref: s4
chapter: PART 2 - PUNISHMENT OF OFFENDERS AGAINST CONVENTIONS
section: 4
title: Notice of trial of protected person to be served on Protecting Power
content:
4. —(1) The court before which — ( a ) a protected prisoner of war is brought up for trial for any offence; or ( b ) a protected internee is brought up for trial for an offence for which that court has power to sentence him or her to death or to imprisonment for a term of 2 years or more, must not proceed with the trial until it is proved to the satisfaction of the court that a notice containing the particulars mentioned in subsection (2), so far as they are known to the Public Prosecutor, has been served not less than 3 weeks previously on the Protecting Power and, if the accused is a protected prisoner of war, on the accused and the prisoner’s representative. (2) The particulars mentioned in subsection (1) are — ( a ) the full name and description of the accused, including the date of the accused’s birth and his or her profession or trade (if any) and, if the accused is a protected prisoner of war, his or her rank and army, regimental, personal or serial number; ( b ) the accused’s place of detention, internment or residence; ( c ) the offence with which the accused is charged; and ( d ) the court before which the trial is to take place and the time and place appointed for the trial. (3) For the purposes of this section a document purporting — ( a ) to be signed on behalf of the Protecting Power or by the prisoner’s representative or by the person accused, as the case may be; and ( b ) to be an acknowledgment of the receipt by that Power, representative or person on a specified day of a notice described therein as a notice under this section, is, unless the contrary is shown, sufficient evidence that the notice required by subsection (1) was served on that Power, representative or person on that day. (4) In this section “prisoner’s representative”, in relation to a particular protected prisoner of war at a particular time, means the person by whom the functions of prisoners’ representative within the meaning of Article 79 of the Convention set out in the Third Schedule were exercisable in relation to that protected prisoner at the camp or place at which that protected prisoner was, at or last before that time, detained as a protected prisoner of war. (5) Any court which adjourns a trial for the purpose of enabling the requirements of this section to be complied with may, despite anything in any other written law, remand the accused for the period of the adjournment.


document_id: gca-1973
provision_ref: s5
chapter: PART 2 - PUNISHMENT OF OFFENDERS AGAINST CONVENTIONS
section: 5
title: Legal representation of certain persons
content:
5. —(1) The court before which — ( a ) any person is brought up for trial for an offence under section 3; or ( b ) a protected prisoner of war is brought up for trial for any offence, shall not proceed with the trial unless — ( c ) the accused is represented by counsel; and ( d ) it is proved to the satisfaction of the court that a period of at least 14 days has elapsed since instructions for the representation of the accused at the trial were first given to the counsel, and if the court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, despite anything in any other written law, the court may remand the accused for the period of the adjournment. (2) Where the accused is a protected prisoner of war, in the absence of counsel accepted by the accused as representing him or her, counsel instructed for the purpose on behalf of the Protecting Power is to be regarded, without affecting the requirements of subsection (1)( d ), for the purposes of that subsection as representing the accused. (3) If the court adjourns the trial pursuant to subsection (1) by reason that the accused is not represented by counsel, the court shall direct that a counsel be assigned to watch over the interests of the accused at any further proceedings in connection with the offence, and at any such further proceedings, in the absence of counsel either accepted by the accused as representing him or her or instructed as mentioned in subsection (2), counsel assigned pursuant to this subsection is to be regarded, without affecting the requirement of subsection (1)( d ), for the purposes of that subsection as representing the accused. (4) Counsel must be assigned, pursuant to subsection (3), in such manner as the Minister may by order prescribe, and any counsel so assigned is entitled to be paid out of moneys provided by such sums in respect of fees and disbursements as the Minister may by regulations prescribe.


document_id: gca-1973
provision_ref: s6
chapter: PART 2 - PUNISHMENT OF OFFENDERS AGAINST CONVENTIONS
section: 6
title: Appeals by protected persons
content:
6. —(1) A protected prisoner of war or a protected internee who has been convicted and sentenced to death or to imprisonment for a term of 2 years or more may appeal against the conviction and sentence imposed upon him or her. (2) Despite section 377(2) of the Criminal Procedure Code 2010, notice of an appeal under subsection (1) shall be given not later than 10 days after the date on which the protected person receives a notice given — ( a ) in the case of a protected prisoner of war, by an officer of the Singapore Armed Forces; or ( b ) in the case of a protected internee, by or on behalf of the governor of the prison in which the protected internee is confined, that the Protecting Power has been notified of the protected person’s conviction and sentence. [40/2019]


document_id: gca-1973
provision_ref: s7
chapter: PART 2 - PUNISHMENT OF OFFENDERS AGAINST CONVENTIONS
section: 7
title: Powers of Minister
content:
7. —(1) It is lawful for the Minister, in any case in which a protected prisoner of war or a protected internee is convicted of an offence and sentenced to a term of imprisonment, to direct that there is to be deducted from that term a period not exceeding the period (if any) during which that person was in custody in connection with that offence, either on remand or after committal for trial (including the period of the trial), before the sentence began, or is deemed to have begun, to run. (2) It is lawful for the Minister in a case where he or she is satisfied that a protected prisoner of war accused of an offence has been in custody in connection with that offence, either on remand or after committal for trial (including the period of the trial), for an aggregate period of at least 3 months, to direct that the prisoner be transferred from that custody to the custody of an officer of the Singapore Armed Forces and thereafter remain in military custody at a camp or place in which protected prisoners of war are detained, and be brought before the court at the time appointed by the remand or committal order.


document_id: gca-1973
provision_ref: s8
chapter: PART 3 - PREVENTION OF ABUSE OF RED CROSS
section: 8
title: Prohibition of use of emblem without authority
content:
8. A person must not, without the Minister’s authority, use for any purpose in Singapore — ( a ) the red crescent emblem; ( b ) the red cross emblem; ( c ) the red crystal emblem; ( d ) the red lion and sun emblem; or ( e ) the words “Red Cross” or “Geneva Cross”. [55/2007]


document_id: gca-1973
provision_ref: s9
chapter: PART 3 - PREVENTION OF ABUSE OF RED CROSS
section: 9
title: Prohibition of use of certain words and designs
content:
9. A person must not, without the Minister’s authority, use for any purpose whatsoever — ( a ) any design consisting of a white or silver cross on a red ground, none of the limbs of which extends to the margin of the ground, being the cross comprised in the Arms of the Swiss Confederation; ( b ) any design being a colourable imitation of the design mentioned in paragraph ( a ); ( c ) any design being a colourable imitation of the red crescent emblem, the red cross emblem, the red crystal emblem or the red lion and sun emblem; or ( d ) any words so nearly resembling the words “Red Cross” or “Geneva Cross” as to be capable of being understood as referring to the red cross emblem. [55/2007]


document_id: gca-1973
provision_ref: s10
chapter: PART 3 - PREVENTION OF ABUSE OF RED CROSS
section: 10
title: Penalty
content:
10. —(1) If any person contravenes any of the provisions of this Part, he or she shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in addition, any goods upon or in connection with which the emblem, design or words (as the case may be) was or were used, shall be forfeited. [55/2007] (2) Where an offence committed by a body corporate or society is proved to have been committed with the consent or connivance of any director, manager, secretary or other officer of the body corporate or society, he or she, as well as the body corporate or society, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.


document_id: gca-1973
provision_ref: s10A
chapter: PART 3 - PREVENTION OF ABUSE OF RED CROSS
section: 10A
title: Inspectors
content:
10A. —(1) The Minister may appoint one or more public officers as inspectors to investigate the commission of an offence under this Part. [55/2007] (2) For the purposes of an investigation under subsection (1) — ( a ) an inspector may — (i) require any person to furnish any information that is within the person’s knowledge that the inspector believes on reasonable grounds to be connected with any suspected contravention of this Part; (ii) require any person to produce any book, document, paper or other record, or other article, which may be related to the subject matter of the investigation for inspection by the inspector and for making copies thereof; and (iii) examine orally any person supposed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Part; and ( b ) an inspector may, without warrant, enter, inspect and search any premises that the inspector has reason to suspect are being used, for or in connection with any purpose that is in contravention of this Part, and may — (i) inspect and make copies of and take extracts from, or require the person having the management or control of the premises to provide copies of or extracts from, any book, document, record or electronic material which the inspector reasonably believes to be the subject matter of, or to be connected with, an investigation under subsection (1); (ii) take such photographs or video recordings as the inspector thinks necessary to record the premises or part thereof, including any apparatus, appliance, equipment, instrument, article, book, document, record or thing found on the premises; and (iii) seize and remove from the premises any book, record, document, apparatus, equipment, instrument, material or thing which the inspector reasonably believes to be the subject matter of, or to be connected with, an investigation under subsection (1). [55/2007] (3) Any information given by any person under subsection (2)( a )(i) or (iii) must — ( a ) be reduced to a statement in writing and read over to the person; and ( b ) after correction, be signed by the person. [55/2007] (4) Any person who, without lawful excuse — ( a ) refuses to answer any question put to the person by an inspector or gives a false answer to such question; ( b ) refuses or fails to comply with any requirement of the inspector under subsection (2); or ( c ) wilfully obstructs an inspector in the exercise of the inspector’s authority under subsection (2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. [55/2007]


document_id: gca-1973
provision_ref: s11
chapter: PART 3 - PREVENTION OF ABUSE OF RED CROSS
section: 11
title: Prosecution of offences
content:
11.   Proceedings under this Part must not be instituted without the consent of the Public Prosecutor.   Note: Part IV of this Act is here omitted as having had its effect.


document_id: gca-2022
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. This Act is the Gambling Control Act 2022 and comes into operation on a date that the Minister appoints by notification in the Gazette .


document_id: gca-2022
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Purposes of Act
content:
2. The purposes of this Act are — ( a ) to authorise some gambling and prohibit the rest as unlawful gambling; ( b ) to prohibit advertising of unlawful gambling; ( c ) to minimise social harm associated with gambling, including problem gambling; ( d ) to ensure the integrity and fairness of gambling and ban irresponsible gambling products and practices; and ( e ) to limit opportunities for crime or dishonesty associated with gambling and the conduct of gambling.


document_id: gca-2022
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: General interpretation
content:
3. —(1) In any provision of this Act, unless the context otherwise requires — “a point” includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, underwater or anywhere else; “applicant” means an applicant for or to renew a licence; “approved gambling venue”, for a licensee, means any place or premises approved under section 64 as an approved gambling venue for the licensee to use in connection with providing a gambling service authorised by the licence thereof; “authorised officer”, in relation to any provision of this Act, means an individual who is appointed under section 122 to perform any function or exercise any power under that provision; “Authority” means the Gambling Regulatory Authority of Singapore, which is the Casino Regulatory Authority of Singapore continued and renamed under section 3 of the Gambling Regulatory Authority of Singapore Act 2022; “business” includes — ( a ) a venture or concern in trade or commerce, whether or not conducted on a regular, repetitive or continuous basis; and ( b ) any business, whether or not carried on for profit, and the fact that an unincorporated association provides services to its members does not prevent those services from being services provided in the course of business; “casino” means any premises in Singapore that is covered by a casino licence granted under section 49 of the Casino Control Act 2006; “casino gambling” means gambling that takes place within any casino; “category 1 key officer”, in relation to an applicant or a licensee, means an individual who is within a class of key officers prescribed to be category 1 key officers of such an applicant or a licensee; “category 2 key officer”, in relation to an applicant or a licensee, means an individual who is within a class of key officers prescribed to be category 2 key officers of such an applicant or a licensee; “chief executive”, in relation to a licensee, means an individual (by whatever name described) who — ( a ) is in the direct employment of, or acting for or by arrangement with, the licensee; and ( b ) is principally responsible for the management and conduct of the business of the licensee insofar as it relates to providing a gambling service, and includes an individual for the time being performing all or any of the functions or duties of a chief executive; “class licence” means a class licence determined under an order made under section 60(1) and as from time to time varied under section 61; “class licensee” means a person to which a class licence applies; “communication device” means a machine, device or thing designed or capable of being used for — ( a ) sending or receiving oral messages or messages in writing, voice calls or video calls; ( b ) sending or receiving electronic documents; ( c ) sending or receiving still or moving images; ( d ) sending or receiving audio or video files; or ( e ) providing access to the Internet, using any technology (including remote communication technology), and includes a mobile phone and any wireless handheld device (such as a tablet computer) or wearable device (such as a smart watch); “compliance officer” means an individual who is appointed under section 123 as a compliance officer; “computer server” means a computer that is capable of — ( a ) communicating with another computer; and ( b ) providing to that other computer — (i) access to a database; (ii) transaction‑based services; or (iii) software applications; “conducting a betting operation” has the meaning given by section 6; “conducting a lottery” has the meaning given by section 10; “conducts gaming” has the meaning given by section 8; “contractor”, in relation to any person, means — ( a ) a person engaged by another person ( P ) otherwise than under a contract of service to engage in any conduct; or ( b ) a direct or an indirect subcontractor engaged by a contractor mentioned in paragraph ( a ) when the subcontractor is working under the direct or indirect direction of P as to the manner in which the work is carried out; “convey” means carriage on any conveyance (whether or not in the course of a business), and includes any operation incidental to the whole course of carriage, such as loading, unloading and storage in transit; “conveyance” means any aircraft, train, vehicle, vessel or other mode of transport, whether of passengers or goods or both; “corporation” means a body corporate formed or incorporated or existing in or outside Singapore, and includes any foreign company within the meaning of the Companies Act 1967; “credit” includes any form of financial accommodation; “defined work”, in relation to an approved gambling venue or a gaming machine room of a licensee, means — ( a ) to deliver any goods, provide any services or perform any work (whether as a contractor or employee) that is connected to the business, undertaking or work of the licensee carried on at the approved gambling venue or a gaming machine room; ( b ) to seek a contract of employment or contract for service with the licensee; or ( c ) to execute an order of a court or a direction given by or on behalf of a public officer or a public authority in exercise of a power under any written law; “director” has the meaning given by section 4(1) of the Companies Act 1967; “document” means any thing in which information or material of any description is recorded; “electronic service” means — ( a ) a service that allows end‑users to access information or material using a broadcasting service or a telecommunication service for carrying messages or other information or material (whether between persons and persons, things and things or persons and things); or ( b ) a service that delivers information or material to persons having equipment appropriate for receiving that information or material, where the delivery of the service is by a broadcasting service or telecommunication service described in paragraph ( a ); “engage in conduct” means — ( a ) to do an act or omit to do an act — (i) on a single occasion; or (ii) on a number of occasions over a period of time; or ( b ) to both do an act and omit to do an act — (i) on a single occasion; or (ii) on a number of occasions over a period of time; “entity” means — ( a ) a body corporate (including a limited liability partnership); ( b ) an unincorporated association; ( c ) a partnership; ( d ) a body of individuals who together form a body; or ( e ) a person other than an individual; “entry ban” means an entry ban made under section 79(1) or (3); “event” includes a contingency relating to an event; “excluded person” means an individual who is subject to — ( a ) an exclusion order or a family exclusion order made under section 162, 165 or 165C of the Casino Control Act 2006 against the individual; ( b ) a provisional family exclusion order made under section 164 of the Casino Control Act 2006 against the individual; ( c ) section 165A of the Casino Control Act 2006; or ( d ) an entry ban made against the individual; “exercise of skill” includes a display of knowledge; “financial benefit” means any thing of economic value, and includes property and services; “gambling” has the meaning given by section 4; “gambling agency agreement” means an agreement between a licensee or a class licensee and another person — ( a ) appointing the other person as a gambling service agent of the licensee or class licensee (as the case may be) for the provision of a gambling service authorised by the licensee’s licence or the class licence of the class licensee; ( b ) dealing with the gambling service agent’s authority; and ( c ) stating the conditions under which the person acts as, and remains as, an agent of the licensee or class licensee, as the case may be; “gambling article” means — ( a ) any machine, apparatus, appliance, equipment, instrument, communication device or other device, accessory or any other thing (whether or not of a similar kind), that — (i) is used, apparently used, likely to be used or capable of being used in conducting, or in connection with conducting, a betting operation, gaming or a lottery; or (ii) is evidence of, or signifies participation in, gambling or a right to participate in gambling that is not social gambling; or ( b ) any list, card, ticket, voucher, accounts or other document that — (i) is used, apparently used, likely to be used or capable of being used, in conducting, or in connection with conducting, a betting operation, gaming or a lottery; or (ii) is evidence of, or signifies participation in, gambling or a right to participate in gambling that is not social gambling, whether or not it is ordinarily used for some other purpose; “gambling ban”, in relation to an individual, means — ( a ) an exclusion order or a family exclusion order made under section 162, 165 or 165C of the Casino Control Act 2006 against the individual; ( b ) a provisional family exclusion order made under section 164 of the Casino Control Act 2006 against the individual; ( c ) section 165A(3) of the Casino Control Act 2006 where applicable to the individual; or ( d ) an entry ban made against the individual; “gambling service” means any of the following services, including such a service provided through a gambling service agent: ( a ) a service comprising wholly or in part of — (i) the placing, making, receiving, accepting or negotiating of bets; (ii) operating a betting exchange or betting information centre; (iii) operating a totalisator; (iv) organising pool betting; (v) matching gamblers; (vi) laying or offering odds; or (vii) offering an opportunity to or otherwise facilitating others to bet in accordance with arrangements made by the service provider; ( b ) a service for the conduct of a lottery; ( c ) a service for the supply of lottery tickets; ( d ) a service — (i) for others to play a game of chance; or (ii) offering an opportunity to or otherwise facilitating others to play a game of chance, for a prize in accordance with arrangements made by the service provider; ( e ) a service of controlling or operating a computer server — (i) in Singapore that enables any game of chance to be played by others in Singapore or elsewhere by remote communication for a prize; or (ii) in Singapore or elsewhere that enables any game of chance to be played by others in Singapore by remote communication for a prize; ( f ) a service of making available to others any gaming machine for the purpose of gambling; “gambling service agent”, in relation to a licensee or class licensee, means a person who is, under a gambling agency agreement, appointed as an agent of the licensee or class licensee in relation to any gambling service that — ( a ) is provided by the licensee or class licensee; and ( b ) is specified in that agreement; “gambling venue” means any place or premises in Singapore used or to be used in connection with conducting a betting operation, gaming or a lottery, but excludes the following: ( a ) any casino; ( b ) any place or premises in Singapore that is used exclusively to contain a computer server used for conducting a betting operation, gaming or a lottery; “gambling venue approval” means an approval that — ( a ) is granted under section 64 to a licensee in respect of a place or premises as an approved gambling venue for the licensee to use in connection with providing a gambling service authorised by the licence thereof; and ( b ) is in force; “granted” or “grant”, for a licence or gambling venue approval, includes — ( a ) granted or grant on renewal; or ( b ) treated as granted under the Second Schedule; “home”, of an individual, means the individual’s ordinary place of residence in Singapore; “IMDA” means the Info‑communications Media Development Authority established by section 3 of the Info‑communications Media Development Authority Act 2016; “information or material” means information or material in any form, such as (but not limited to) — ( a ) oral, audible, written, electronic or digital form; ( b 


document_id: gca-2022
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Meaning of “gambling”
content:
4. For the purpose of any provision of this Act, “gambling” means any of the following: ( a ) betting (within the meaning of section 5); ( b ) engaging in gaming activity (within the meaning of section 7); ( c ) participating in a lottery (within the meaning of section 9).


document_id: gca-2022
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Meanings of “betting” and “totalisator”
content:
5. —(1) For the purpose of any provision of this Act, “betting” means making or accepting a bet, involving payment or staking of any money or money equivalent or any thing else of value, on — ( a ) the outcome of a race, competition, sporting event or other event or process, taking place in Singapore or elsewhere; ( b ) the likelihood of anything occurring, or not occurring, in Singapore or elsewhere; or ( c ) whether anything is or is not true. (2) However, “betting” does not include the following: ( a ) any contract or agreement entered into by either or each party by way of business and the making or performance of which by any party constitutes an investment activity within the meaning of section 5(5) of the Civil Law Act 1909; ( b ) a bet the making or accepting of which is excluded from the meaning of “betting” by the Minister by order in the Gazette . (3) In addition to subsection (1) but without affecting subsection (2), betting includes any transaction by way of gambling that is classified under the Regulations as betting. (4) A transaction that relates to the outcome of a race, competition, sporting event or other event or process may be a bet within the meaning of subsection (1) despite the facts that — ( a ) the race, competition, event or process has already occurred or been completed; and ( b ) one party to the transaction knows the outcome. (5) A transaction that relates to the likelihood of anything occurring or not occurring may be a bet within the meaning of subsection (1) despite the facts that — ( a ) the thing has already occurred or failed to occur; and ( b ) one party to the transaction knows that the thing has already occurred or failed to occur. (6) For the purposes of any provision of this Act, a person makes a bet (despite the fact that the person does not deposit a stake in the normal way of betting) if — ( a ) the person participates in an arrangement in the course of which participants are required to guess any of the matters specified in subsection (1)( a ), ( b ) or ( c ); and ( b ) the person is required to pay any money or money equivalent or any thing else of value to participate. (7) For the purposes of subsection (6), it is immaterial — ( a ) to whom a payment is made and who receives benefit from a payment; and ( b ) whether a person knows when the person makes a payment that the person thereby participates in an arrangement as a result of which the person may win a prize. (8) Without limiting subsections (1), (2) and (3), a bet includes any of the following: ( a ) a free bet, which is a bet made wholly or partly using an amount that is provided to the person making the bet by the authorised betting operator with whom the bet is made and is not immediately redeemable by the person for cash; ( b ) a bet made using a totalisator; ( c ) a lay‑off bet where a person conducting a betting operation (called betting operator A ) makes a bet with another person conducting a betting operation to reduce, wholly or in part, the liability of betting operator A in relation to one or more bets made with the betting operator A . (9) For the purpose of any provision of this Act — “guess” includes predicting through exercise of skill or judgment; “totalisator” means a system used — ( a ) to enable persons to invest any money or money equivalent on — (i) the outcome of a race, competition, sporting event or other event or process taking place in Singapore or elsewhere; (ii) the likelihood of anything occurring, or not occurring, in Singapore or elsewhere; or (iii) whether anything is or is not true; or ( b ) to enable the totalisator pool to be divided and distributed among the persons who successfully guess the outcomes, likelihood or the truth or anything, as the case may be, and includes any machine, apparatus, appliance, equipment, instrument or device under which the system is operated, and a numbers forecast totalisator paying a fixed minimum dividend; “totalisator pool” means the amount left from the investments after — ( a ) making allowances for refunds of investments; ( b ) deducting commission for the conduct of the totalisator; and ( c ) adding any pool top‑up amount.


document_id: gca-2022
provision_ref: s6
chapter: PART 1 - PRELIMINARY
section: 6
title: Meanings of “conducting a betting operation” and associated expressions
content:
6. —(1) For the purposes of this Act, a person is conducting a betting operation if the person, whether or not or through an agent and whether alone or with others, and whether by remote communication or otherwise — ( a ) undertakes any of the following activities: (i) accept or receive bets; (ii) pay, negotiate or settle bets; (iii) operate a betting exchange or betting information centre; (iv) operate a totalisator; (v) organise pool betting; (vi) match gamblers; (vii) lay or offer odds; (viii) offer an opportunity to or otherwise facilitate others to bet in accordance with arrangements made by the person; ( b ) organises, manages or supervises any activity described in paragraph ( a ); ( c ) distributes the turnover of any activity described in paragraph ( a ) or ( b ) (for example, by paying prizes, meeting costs, or making grants) in accordance with arrangements made by the person; ( d ) authorises the carrying on of any activity described in paragraph ( a ), ( b ) or ( c ) by a contractor or an employee or agent of the person; or ( e ) assists in an activity described in paragraph ( a ), ( b ), ( c ) or ( d ) or any combination of those activities. (2) Without affecting subsection (1), a person is also regarded as conducting a betting operation if the person engages in any conduct on behalf of, or in accordance with arrangements made by, another, for or in connection with any activity mentioned in subsection (1). (3) A reference in any provision of this Act to a bet made with, or received by, a betting operator includes a reference to a bet made with the betting operator — ( a ) through an agent; ( b ) wholly or partly by means of remote communication; or ( c ) partly inside and partly outside Singapore. (4) Also, a reference in any provision of this Act to a bet made with, or received by, a betting operator includes, for a betting operator who operates a betting exchange, a reference to a bet made through the betting operator using the betting exchange. (5) However, despite subsections (1) and (2), a person is not to be treated as assisting in an activity in subsection (1), or engaging in any conduct on behalf of or in accordance with arrangements made by another as mentioned in subsection (2), merely because — ( a ) the person supplies, installs or repairs, in the course of business, any gambling article, and even though the person knows or ought reasonably to have known that the gambling article is intended to be used or is used for or in connection with an activity described in subsection (1); ( b ) the person — (i) is a provider of — (A) an internet access service; (B) a telecommunication service; or (C) a relevant electronic service other than a service that enables end‑users to play online games with other end‑users; and (ii) makes available, in the course of business of providing a service mentioned in sub‑paragraph (i), information or material produced entirely by another person — (A) without altering the information or material; or (B) only altering the information or material to the extent to fit time, space or format constraints; or ( c ) the person publishes a gambling advertisement in Singapore or sends an inducement to gamble to anyone. (6) For the purpose of any provision of this Act — “betting exchange” means a facility, electronic or otherwise, that enables persons — ( a ) to place or accept, through the operator of the facility, bets with other persons; or ( b ) to place with the operator of the facility bets that, on acceptance, are matched with opposing bets placed with and accepted by the operator, but does not include a facility (electronic or otherwise) that enables persons to place bets only with a bookmaker or a totalisator; “betting information centre” means any place kept or used for receiving or communicating any information or material relating to any race, competition, sporting event or other event or process for the purpose of betting; “bookmaker” means a person who, on the person’s own account or as an employee or agent for another person, carries out bookmaking or holds out in any manner as a person who carries out bookmaking; “bookmaking” means running a business or making, or endeavouring to derive, an income, totally or partly, from any of the following activities: ( a ) accepting or receiving bets; ( b ) paying, negotiating or settling bets; ( c ) laying or offering odds; ( d ) inviting others to bet in accordance with arrangements made by the person, but does not include social gambling, casino gambling and operating a totalisator; “pool betting” means betting made on terms that all or part of the winnings — ( a ) must be determined by reference to the aggregate of stakes paid or agreed to be paid by the persons betting; ( b ) must be divided among the winners; or ( c ) must or may be something other than money.


document_id: gca-2022
provision_ref: s7
chapter: PART 1 - PRELIMINARY
section: 7
title: Meanings of “game of chance”, “gaming activity” and associated terms
content:
7. —(1) For the purpose of any provision of this Act, engaging in a gaming activity means — ( a ) playing a game of chance for a prize; or ( b ) playing a gaming machine, and includes any transaction by way of gambling that is classified under the Regulations as gaming activity. (2) For the purpose of any provision of this Act, a person plays a game of chance for a prize if the person plays a game of chance and thereby acquires a chance of winning any money or money equivalent or any thing else of value, whether or not the person risks losing anything at the game. (3) This Act applies to a gaming activity whether or not any money or money equivalent or any thing else of value is paid or provided by or on behalf of a person to become a player. (4) For the purpose of any provision of this Act — ( a ) a person plays a game of chance if the person enters or competes in, or otherwise participates in a game of chance — (i) whether or not there are other players in the game of chance; and (ii) whether or not a computer generates images or data taken to represent the actions of other players in the game of chance; and ( b ) an individual is treated as playing a gaming machine if the individual, directly or indirectly — (i) inserts a coin or a gaming token into the gaming machine; (ii) causes gaming machine credits to be registered by the gaming machine; (iii) makes a bet on the gaming machine; (iv) causes the activation of any process relating to the game in the gaming machine; or (v) makes or participates in the making of the decisions involved in playing the gaming machine. (5) In addition, a person on whose behalf another person enters or competes, or otherwise participates, in a game of chance using a gaming machine located in a gaming machine room and who is not in the same gaming machine room is also to be regarded, for the purpose of any provision of this Act, as participating in that game of chance and a player thereof. (6) For the purpose of any provision of this Act — “amusement machine” means a mechanical, an electrical or an electronic device that is constructed or adapted — ( a ) for the playing of any game (whether or not a game of chance) by means of the machine, whether automatically or by the operation of the machine by an individual playing without using remote communication or 2 or more such individuals; ( b ) to be operated by the insertion of any money or money equivalent or a gaming token, or by the use of accrued credits; and ( c ) so that any individual playing the machine once and successfully either receives — (i) nothing or any thing of value which is less than $100 or an amount specified by the Minister, by order in the Gazette , in substitution; or (ii) only an opportunity afforded by the automatic action of the machine to play again (once or more often) without paying any money or money equivalent or any thing else of value, and includes a mechanical, an electrical or an electronic device commonly called a claw machine, or a crane machine or claw crane machine; “approved game of chance”, for a licensee, means a game of chance that the licensee is authorised under its licence to conduct gaming under this Act; “game of chance” includes any of the following: ( a ) a game that involves both an element of chance and an element of skill; ( b ) a game that involves an element of chance that can be eliminated by superlative skill; ( c ) a game that is presented as involving an element of chance; ( d ) a game that is played with a gaming machine, but does not include any sporting event, and such game, method, device, scheme or competition as specified or described by the Minister, by order in the Gazette , not to be a game of chance for the purposes of this Act; “gaming machine” means a device, whether wholly or partly mechanically or electronically operated, that — ( a ) is adapted, or designed and constructed, for betting, participating in a lottery or playing a game of chance; ( b ) is played or confers a right to participate (wholly or in part) by — (i) the insertion of any money or money equivalent into it; or (ii) the direct or indirect payment of any money or money equivalent or any thing else of value by any other means; and ( c ) pays out any money or money equivalent or any thing else of value, or registers a right to an amount of money or money equivalent or any thing else of value, Illustration A jackpot machine or fruit machine. but does not include any of the following: ( d ) an amusement machine; ( e ) a computer by reason only of the fact that it can be used to participate in remote gambling; ( f ) a communication device by reason only of the fact that it can be used to participate in remote gambling; ( g ) a machine which only dispenses — (i) lottery tickets or otherwise enables a person to enter a lottery; or (ii) receipts or tickets that evidence a bet made, provided that the results of the lottery or bet (as the case may be) are not determined by the machine, and are not announced by being displayed or communicated by the machine; ( h ) a machine of such other description prescribed in the Regulations for the purposes of this definition; “gaming machine game” means a game of chance that — ( a ) is designed to be played on a gaming machine; and ( b ) is identifiable from all other games of chance by the name of the game or differences in its rules or programming; “gaming machine room” means any room or similar enclosed location that is or is within an approved gambling venue and is where gaming machines are authorised by or under this Act — ( a ) to be installed and operated (but not just played); and ( b ) to be made available to others to play, in the course of the conduct of gaming; “gaming token” includes a stored value card, a card which registers a right to money or money equivalent, and an object or a thing of a similar kind; “peripheral equipment of a gaming machine” means equipment or a device — ( a ) that is incidental to the operation of the gaming machine, such as note acceptors, card readers and ticket readers; or ( b ) that is designed or adapted (and with or without software) to be used — (i) to monitor the operation and performance of the gaming machine; (ii) to facilitate the collection of gambling duties that are payable under the Gambling Duties Act 2022 in respect of approved gaming machines; or (iii) to send or receive data from the gaming machine in relation to the security, accounting or operation of the gaming machine, and includes any software necessary to operate the gaming machine but not a gaming machine game; “player”, in relation to a game of chance, means any person who enters or competes in, or otherwise participates in the game of chance, and includes a person on whose behalf another person enters or competes, or otherwise participates, in a game of chance using a gaming machine in the circumstances in subsection (5); “prohibited gaming machine” means a gaming machine that must not be approved under section 74, being a gaming machine that — ( a ) is declared by Regulations to be a prohibited gaming machine; ( b ) is of a class or description of gaming machines declared by the Regulations to be prohibited gaming machines; or ( c ) is kept, used or operated in such circumstances, or in such manner, as may be prescribed by the Regulations for the purposes of this definition.


