# legal_provisions

document_id: ta-1999
provision_ref: s7
chapter: PART 2 - EXCLUSIVE PRIVILEGE AND LICENSING, ETC., OF
section: 7
title: Power to license satellite orbital slots
content:
7. —(1) The Authority may, with the consent of or in accordance with the terms of a general authority given by the Minister, grant a licence for the use of any satellite orbital slot — ( a ) unconditionally or subject to such conditions as the Authority may impose and specify in the licence; and ( b ) irrevocably or subject to revocation as specified in the licence. [19/2011] (2) A licence under subsection (1) — ( a ) may be granted to any person or class of persons, or to a particular person; and ( b ) may include (without affecting the power to impose conditions conferred by that subsection) conditions requiring — (i) the licensee to enter into agreements or arrangements with any person or class of persons, or with another telecommunication licensee, for coordination of radio frequencies; (ii) the licensee to comply with any direction given by the Authority as to such matters as are specified in the licence, or as are of a description specified in the licence; (iii) the licensee to comply with codes of practice and standards of performance that are applicable to the licensee; and (iv) the licensee to do, or to refrain from doing, such things as are specified in the licence, or as are of a description specified in the licence. [19/2011; 30/2016] (3) The grant of a licence under subsection (1) is subject to the payment to the Authority of such fees for the grant of the licence as may be prescribed. [30/2016] (4) A licensee must also pay to the Authority such other fees for the licence, or such periodic fees for the duration of the licence, or both — ( a ) as may be prescribed; or ( b ) if not prescribed, as may be specified by the Authority in the licence conditions. [30/2016] (5) Any fees payable under subsection (3) or (4) in respect of a licence — ( a ) need not bear any relationship to the cost of granting or administering the licence; and ( b ) are recoverable by the Authority from the licensee as a debt due to the Authority. [30/2016] (6) A licensee is not entitled to the refund of any fee paid under subsection (3) or (4) if — ( a ) the licence is cancelled or suspended, or if the period of the licence is reduced, under section 10; or ( b ) the licence is terminated at the request of the licensee. [30/2016] (7) No person is to question whether the grant of a licence under subsection (1) was, or was not, effected with the consent of or in accordance with the terms of a general authority given by the Minister, and the validity of a licence granted under that subsection must not be impugned on the ground that it was granted neither with the consent of nor in accordance with the terms of a general authority given by the Minister. [19/2011] (8) The grant of licences under this section is at the discretion of the Authority. [19/2011] (9) This section does not prevent the Minister from directing the Authority to grant a licence in any specific case. [5B [19/2011]


document_id: ta-1999
provision_ref: s8
chapter: PART 2 - EXCLUSIVE PRIVILEGE AND LICENSING, ETC., OF
section: 8
title: Designation of public telecommunication licensees
content:
8. The Authority may, with the approval of the Minister, designate any person who has been granted a licence under section 5 as a public telecommunication licensee to perform all or any of the functions relating to the operation and provision of telecommunication systems and services in Singapore within the exclusive privilege of the Authority under this Act. [6


document_id: ta-1999
provision_ref: s9
chapter: PART 2 - EXCLUSIVE PRIVILEGE AND LICENSING, ETC., OF
section: 9
title: Modification of licence conditions
content:
9. —(1) Subject to this section, the Authority may modify the conditions of a licence granted under section 5 or 7. [19/2011] (2) Before making modifications to the conditions of a licence of a public telecommunication licensee under this section, the Authority must give notice to the licensee — ( a ) stating that it proposes to make the modifications in the manner as specified in the notice and the compensation payable for any damage caused by the modifications; and ( b ) specifying the time (being at least 28 days from the date of service of notice on the licensee) within which written representations with respect to the proposed modifications may be made. (3) Upon receipt of any written representation mentioned in subsection (2), the Authority must consider the representation and may — ( a ) reject the representation; or ( b ) amend the proposed modifications or compensation payable in accordance with the representation, or otherwise, and, in either event, the Authority must issue a written direction to the licensee requiring that effect be given to the proposed modifications specified in the notice or to such modifications as subsequently amended by the Authority within a reasonable time. (4) The Authority must not enforce its direction — ( a ) during the period mentioned in section 89(1) or (7); ( b ) while a reconsideration request of the public telecommunication licensee under section 89 in respect of a decision of the Authority under this section is under consideration by the Authority; or ( c ) while an appeal of the public telecommunication licensee under section 89 in respect of a decision of the Authority under this section is under consideration by the Minister. [10/2005] (5) If no written representation is received by the Authority within the time specified in subsection (2) or if any written representation made under that subsection is subsequently withdrawn, the Authority may forthwith carry out the modifications as specified in the notice given under that subsection. [7


document_id: ta-1999
provision_ref: s10
chapter: PART 2 - EXCLUSIVE PRIVILEGE AND LICENSING, ETC., OF
section: 10
title: Suspension or cancellation of licence, etc.
content:
10. —(1) If the Authority is satisfied that a person who is granted a licence under section 5 or 7 or any regulations made under this Act is contravening, or has contravened, whether by act or omission — ( a ) any of the conditions of the licence or part thereof; ( b ) any provision of any code of practice or standard of performance; ( c ) any direction of the Authority given under section 31, 40(2)( a ), ( b ) or ( c ), 41(2)( d )(ii) or 43(3); or ( d ) section 38 or any terms or conditions of participation in a dispute resolution scheme (within the meaning of section 51(2)), the Authority may, by written notice, do either or both of the following: ( e ) issue such written order to the person as the Authority considers requisite for the purpose of securing compliance thereof; ( f ) require the person to pay, within a specified period, a financial penalty of an amount not exceeding the higher of the following amounts: (i) 10% of the annual turnover of that part of the person’s business in respect of which the person is granted the licence, as ascertained from the person’s latest audited accounts; (ii) $1 million. [10/2005; 19/2011; 30/2016] (2) If the Authority is satisfied that — ( a ) the person mentioned in subsection (1) is again likely to contravene, whether by act or omission, any condition, provision, direction or section mentioned in that subsection; ( b ) the person mentioned in subsection (1) has gone into liquidation other than for the purpose of amalgamation or reconstruction; ( c ) the person mentioned in subsection (1) is no longer in a position to comply with this Act or the terms or conditions of the person’s licence; or ( d ) the public interest so requires, the Authority may (in lieu of an order or a financial penalty under subsection (1)( e ) or ( f )) by written notice and without payment of any compensation or refund of any fee, do all or any of the following: ( e ) cancel the licence or part thereof; ( f ) suspend the licence or part thereof for such period as the Authority thinks fit; ( g ) reduce the period for which the licence is to be in force. [10/2005; 30/2016] (3) An order under subsection (1)( e ) — ( a ) may require the person concerned (according to the circumstances of the case) to do, or to refrain from doing, such things as are specified in the order, or as are of a description specified in the order; and ( b ) takes effect at such time (being the earliest practicable time) as is determined by or under that order. [19/2011] (4) The Authority may at any time vary, suspend or revoke the whole or any part of an order under subsection (1)( e ). [19/2011] (5) Any person who fails to comply with any order under subsection (1)( e ) 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 3 years or to both. [10/2005] (6) In any proceedings brought against any person for an offence under subsection (5), 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 order. (7) If the Authority, by written notice under subsection (1), requires a person who is granted a licence to pay, within a specified period, a financial penalty under subsection (1)( f ), and the person fails or refuses to pay the financial penalty within the specified period, the Authority may, by written notice and without payment of any compensation or refund of any fee, do all or any of the following: ( a ) cancel the licence or part thereof; ( b ) suspend the licence or part thereof for such period as the Authority thinks fit; ( c ) reduce the period for which the licence is to be in force. [19/2011; 30/2016] (8) Any financial penalty payable by any person under subsection (1)( f ) is recoverable by the Authority as a debt due to the Authority from that person; and the person’s liability to pay is not affected by the person’s licence ceasing (for any reason) to be in force. [8


document_id: ta-1999
provision_ref: s11
chapter: PART 2 - EXCLUSIVE PRIVILEGE AND LICENSING, ETC., OF
section: 11
title: Approval of equipment
content:
11. —(1) The following equipment must be approved by the Authority before use: ( a ) any equipment to be used for connection (whether directly or indirectly) to any telecommunication system; ( b ) any equipment to be used as an adjunct to or in conjunction with any telecommunication system; and ( c ) any equipment belonging to a telecommunication system licensee. [19/2011] (2) A person applying for an approval under this section may be required by the Authority to comply with such requirements as the Authority may think appropriate; and those requirements may include a requirement to satisfy some other person with respect to any matter. (3) An approval under this section may apply either to particular equipment or to any equipment of a description specified in the approval, and may so apply either for the purposes of a particular telecommunication system or for the purposes of any telecommunication system of a description so specified. (4) An approval under this section may specify conditions which must be complied with if the approval is to apply, for any purposes specified in the approval, to any telecommunication system or equipment which is so specified or is of a description so specified. (5) Any such condition referred to in subsection (4) may impose on the person to whom the approval is given a requirement from time to time to satisfy some other person with respect to any matter. (6) The Authority or any other person by whom any matter falls to be determined for the purposes of any requirement imposed pursuant to subsection (2) or (4) may charge a fee in respect of the carrying out of any test or other assessment made by the Authority or other person. (7) A public telecommunication licensee may, with the approval of the Authority (except in cases of emergency), cease or refuse to supply a telecommunication service to any person by means of a telecommunication system operated by the licensee if, through the use of such telecommunication service, there is or is intended to be connected to the telecommunication system, equipment or cabling that is a threat to — ( a ) the safety or proper functioning of the telecommunication system; or ( b ) the safety of any person. [9 [19/2011]


document_id: ta-1999
provision_ref: s12
chapter: PART 2 - EXCLUSIVE PRIVILEGE AND LICENSING, ETC., OF
section: 12
title: Residual power of Authority to provide telecommunication services
content:
12. —(1) The Authority may provide any telecommunication service even though it has granted a licence to any person under section 5, in any of the following circumstances: ( a ) if the Authority is of the opinion that a person licensed under section 5 has failed to discharge or is not discharging to the Authority’s satisfaction the obligations imposed by the Authority on the person in the licence granted to the person; ( b ) to give effect to any direction of the Minister under section 77. (2) Where the Authority undertakes the provision of telecommunication services under subsection (1), sections 2, 11, 15 to 28, 29(1), 36, 59 to 63, 65 to 76 and 93 apply, with the necessary modifications, to the Authority in respect of the provision of such services and the references to public telecommunication licensee in those sections are to be read as references to the Authority. [10


document_id: ta-1999
provision_ref: s13
chapter: PART 2 - EXCLUSIVE PRIVILEGE AND LICENSING, ETC., OF
section: 13
title: Charges and other terms for services provided by Authority
content:
13. —(1) The Authority may make, in relation to any service provided by the Authority under this Act, a scheme or schemes for determining either or both of the following: ( a ) the charges which, except insofar as they are the subject of an agreement between the Authority and a person making use of the service, are to be made by the Authority; ( b ) the other terms and conditions which, except as provided, are to be applicable to the service. (2) A scheme made under this section may make different provision for different cases or classes of cases determined by, or in accordance with, the provisions of the scheme. (3) A charge exigible by virtue of this section may be recovered by the Authority in any court of competent jurisdiction as if it were a simple contract debt. (4) A scheme or any amendment of the scheme made under this section comes into operation on such date as may be determined by the Authority. (5) This section does not prohibit the Authority from levying any charge or collecting any dues for anything done or any service rendered by reason only of not being incorporated in a scheme, and the rates, charges and fees payable to the Authority for any service rendered must be in accordance with such rates, charges and fees as may be determined by the Authority. (6) The rates, charges and fees applied by the TAS immediately before 1 December 1999 continue to be valid as though determined by the Authority under this section until rescinded, varied or otherwise determined by the Authority. [11


document_id: ta-1999
provision_ref: s14
chapter: PART 2 - EXCLUSIVE PRIVILEGE AND LICENSING, ETC., OF
section: 14
title: Sharing of radio frequency spectrum
content:
14. —(1) Where a person (called the first person) is required under this Act or any regulations made under this Act, to share with any other person the radio frequency spectrum allocated to the first person under a licence granted under section 5 or the grant of a spectrum right under section 6, for a station or network — ( a ) all persons operating on the shared radio frequency spectrum must accept that interference may result from the legitimate operation of the station or network specified in the licence or the grant of a spectrum right; and ( b ) the Authority is not responsible or liable for any interference that may arise from the first person’s or other person’s use of the shared radio frequency spectrum. [30/2016] (2) In subsection (1) — “network” means 2 or more stations operated by a person and used or intended to be used in communication with one another; “station” means — ( a ) a transmitter; ( b ) a receiver; ( c ) a combination of transmitters and receivers; or ( d ) an accessory to any thing specified in paragraphs ( a ), ( b ) and ( c ). [11A [30/2016]


document_id: ta-1999
provision_ref: s15
chapter: PART 3 - ERECTION, MAINTENANCE AND REPAIR
section: 15
title: Power to enter on and examine land other than State land
content:
15. —(1) Whenever it appears to a public telecommunication licensee that it is, or is probably, necessary to exercise the powers conferred by this Act upon a public telecommunication licensee in respect of any land (other than State land) for the provision of any telecommunication service or installation of any telecommunication system, that licensee or any person authorised by that licensee in that behalf may, after giving at least 3 hours’ previous notice to the occupier of the land (if any) enter upon the land and may survey and take levels and do all other necessary acts preparatory to the provision of the service or installation of the system (as the case may be) so far as the same may be possible without causing any damage or disturbance. [19/2011] (2) In the event of any damage or disturbance being caused by reason of the entry, the public telecommunication licensee must pay compensation to the owner or occupier of the land. (3) Nothing in this section is deemed to authorise any employee or agent of a public telecommunication licensee to cut down or clear away any vegetation or any fence or other erection or to enter any building or upon any enclosure attached to any building. [12


document_id: ta-1999
provision_ref: s16
chapter: PART 3 - ERECTION, MAINTENANCE AND REPAIR
section: 16
title: Power to enter on State land for purposes of installation or plant
content:
16. —(1) For the purpose of providing any telecommunication service or installing any telecommunication system, a public telecommunication licensee or any person authorised by the Authority in that behalf may at any reasonable time — ( a ) enter upon any State land; ( b ) subject to the approval of the Authority and the Singapore Land Authority, erect in or upon the State land such installation or plant used for telecommunications or excavate such trenches as may be necessary or proper for the purpose of providing the service or installing the system, as the case may be; and ( c ) carry out all necessary works in connection therewith, and may, in the course thereof, fell or lop trees, remove vegetation and do all other things necessary for that purpose. [10/2005; 19/2011] (2) Where any such work interferes with improvements, buildings, growing trees or crops, the licensee must pay compensation for any damage or disturbance. (3) Where the land is occupied under a licence for temporary occupation, the compensation must be paid to the occupant under the licence. [13


document_id: ta-1999
provision_ref: s17
chapter: PART 3 - ERECTION, MAINTENANCE AND REPAIR
section: 17
title: Power to enter on other land or building for purposes of installation or plant
content:
17. —(1) Subject to this section, whenever it is necessary to do so for the purposes of providing any telecommunication service or installing any telecommunication system under this Act, a public telecommunication licensee may under, upon or over any land (other than State land) or in any building on any land — ( a ) lay, place or carry on and erect such installation or plant used for telecommunications as may be necessary or proper for such purposes; and ( b ) take such other action as may be necessary to render such installation or plant safe and efficient, and pay compensation to any person interested for any damage, disturbance or disability that may be caused thereby. [10/2005; 19/2011] (2) Any compensation payable under subsection (1) may include an annual payment for land, building or other immovable property used for the purpose of the public telecommunication licensee’s installation or plant. [10/2005] (3) A public telecommunication licensee does not acquire any right other than that of user only in respect of any land, building or other property under, over, along, across, in or upon which the licensee places any installation or plant used for telecommunications under this section. [10/2005] (4) Before entering on any land or building for the purpose specified in subsection (1), a public telecommunication licensee must give 14 days’ notice stating as fully and accurately as possible the nature and extent of the acts intended to be done. [10/2005] (5) The notice must be given to the owner or occupier of the land or building in the manner provided under this Act. [10/2005] (6) The owner or occupier of the land or building may, within 14 days after receiving the notice mentioned in subsection (4), lodge a written objection with the Authority. [30/2016] (7) Where a written objection is lodged by the owner or occupier of the land or building under subsection (6) (called in this section the objector), the Authority must notify the public telecommunication licensee concerned to resolve the dispute with the objector due to the objection. [30/2016] (8) On receipt of the Authority’s notice under subsection (7), the public telecommunication licensee must take genuine steps to resolve the dispute with the objector due to the objection. [30/2016] (9) If the public telecommunication licensee fails to resolve the dispute due to the objection, the licensee must inform the Authority in writing and also furnish all relevant information relating to the steps taken by the licensee to resolve the dispute due to the objection. [30/2016] (10) After receipt of the information mentioned in subsection (9), the Authority must notify the public telecommunication licensee and the objector as to whether the Authority is satisfied that the licensee has taken genuine steps to resolve the dispute due to the objection. [30/2016] (11) The Authority must hold an inquiry (in such manner as the Authority thinks fit) on the objection, giving each party a reasonable opportunity to be heard if — ( a ) the Authority notifies the parties under subsection (10) that the Authority is satisfied that the licensee has taken genuine steps to resolve the dispute due to the objection; and ( b ) the objection is not withdrawn. [30/2016] (12) Upon the conclusion of the inquiry, the Authority may authorise, either unconditionally or subject to such terms, conditions and stipulations as it thinks fit, any of the acts mentioned in the notice given under subsection (4) to be carried out. [10/2005; 30/2016] (13) The public telecommunication licensee may enter the land or building and do all or any of the acts mentioned in the notice given under subsection (4) — ( a ) where no written objection is lodged within the period mentioned in subsection (6), after the expiry of that period; or ( b ) where a written objection is lodged under subsection (6) — (i) after the objection is withdrawn; (ii) after the public telecommunication licensee resolves the dispute with the objector due to the objection; or (iii) on the Authority’s authorisation under subsection (12) subject to the terms, conditions and stipulations imposed by the Authority under that subsection. [14 [30/2016]


document_id: ta-1999
provision_ref: s18
chapter: PART 3 - ERECTION, MAINTENANCE AND REPAIR
section: 18
title: Transfer of installation or plant
content:
18. —(1) Where a public telecommunication licensee (called in this section the transferor licensee), after having laid, placed, carried on or erected any installation or plant used for telecommunications under section 16 or 17, transfers the installation or plant, or any part of it, to another public telecommunication licensee (called in this section the transferee licensee), all rights conferred and obligations imposed on the transferor licensee under this Act in respect of any land, building or other property under, over, along, across, in or upon which the transferred installation or plant (or part of it) has been laid, placed, carried on or erected are deemed, on the transfer date, by virtue of this subsection and without further assurance, to have been transferred to the transferee licensee. [19/2011] (2) Subsection (1) applies to every transfer of installation or plant (or part of it) referred to in that subsection which takes place on or after 1 July 2011. [14A [19/2011]


document_id: ta-1999
provision_ref: s19
chapter: PART 3 - ERECTION, MAINTENANCE AND REPAIR
section: 19
title: Saving of wayleave agreements
content:
19. Subsections (1) and (6) of section 17 do not — ( a ) affect the right of a public telecommunication licensee to enter into an agreement, commonly known as a wayleave agreement, with the owner or occupier of any land for the purpose of laying, placing, carrying or erecting any installation or plant used for telecommunications on the land; ( b ) affect any such wayleave agreement subsisting immediately before 1 December 1999; or ( c ) affect the right of a public telecommunication licensee to negotiate the use of land or facilities belonging to the State or any other person. [15


document_id: ta-1999
provision_ref: s20
chapter: PART 3 - ERECTION, MAINTENANCE AND REPAIR
section: 20
title: Inspection, maintenance and repair of installation or plant for telecommunications
content:
20. —(1) Whenever it is necessary to do so for the purposes of carrying out any functions and duties of the Authority under this Act or any regulations made under this Act, the Authority may enter upon any land or building, or stop or board any vessel, aircraft or vehicle and may carry out all necessary inspections or investigations and do all things necessary for such purpose. (2) Whenever it is necessary to do so for the purpose of inspecting, maintaining or repairing a public telecommunication licensee’s installation or plant or for the purpose of carrying out any functions conferred on a public telecommunication licensee under this Act or under any licence granted under section 5, that licensee or any person authorised by that licensee in that behalf may at any reasonable time — ( a ) enter upon any land or building, whether or not such installation or plant has been laid, placed, carried or erected on, under, upon or over the land or building; and ( b ) carry out all necessary inspection, maintenance or repair, and may in the course of that, fell or lop trees, remove vegetation and do all other things necessary for the purpose, causing as little damage as possible, and pay compensation to any person adversely affected for any damage that may be caused thereby for which compensation has not already been assessed under section 17. [16


document_id: ta-1999
provision_ref: s21
chapter: PART 3 - ERECTION, MAINTENANCE AND REPAIR
section: 21
title: Alteration or relocation of public telecommunication licensee’s installation or plant
content:
21. —(1) Where a public telecommunication licensee’s installation or plant has been laid, placed, carried or erected in, on, over, under, upon, along or across any land or building under section 16 or 17 (as the case may be) and the owner or occupier of the land or building desires to use the land or building in a manner which renders it necessary or convenient for such installation or plant to be altered, removed, relocated or diverted, the owner or occupier may request the public telecommunication licensee to alter, remove, relocate or divert such installation or plant accordingly. [10/2005] (2) The public telecommunication licensee must, at the request of the owner or occupier of the land or building under subsection (1), alter, remove, relocate or divert the installation or plant if it is satisfied that such alteration, removal, relocation or diversion is reasonable and the owner or occupier complies with such reasonable terms and conditions as the licensee may impose. [10/2005] (3) The terms and conditions a public telecommunication licensee may impose under subsection (2) may include terms and conditions relating to the payment by the owner or occupier of the land or building of all costs and expenses necessary for such alteration, removal, relocation or diversion. [17 [10/2005]


document_id: ta-1999
provision_ref: s22
chapter: PART 3 - ERECTION, MAINTENANCE AND REPAIR
section: 22
title: Removal of trees dangerous to or obstructing any installation or plant for telecommunications
content:
22. —(1) Where, in the opinion of a public telecommunication licensee, there is at any time danger or suspected danger that any tree (which term in this section includes undergrowth) near the licensee’s installation or plant may interrupt or interfere with any telecommunication service provided by the licensee or cause damage to such installation or plant, the licensee may cause the tree to be felled or dealt with in such other manner as will, in its opinion, avert the danger. [19/2011] (2) A public telecommunication licensee is, in the exercise of its powers under subsection (1), subject to the provisions of the Parks and Trees Act 2005. (3) Where a tree, which has been felled or otherwise dealt with under subsection (1), was in existence before the public telecommunication licensee’s installation or plant was placed, erected or installed, the licensee may, subject to subsections (4) and (5), pay to any person adversely affected such sum as may be agreed by way of compensation. (4) No further compensation shall be paid for the felling or lopping of any tree or the clearing of any vegetation where the action is necessary for the maintenance of a public telecommunication licensee’s installation or plant and the tree and vegetation have grown or been allowed to grow since the payment of compensation under subsection (3). (5) No compensation is payable by a public telecommunication licensee under subsection (3) in respect of any tree 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 was in existence prior to the construction of the road. (6) Before the owner or occupier of any land fells, lops or clears any tree or vegetation adjacent to a public telecommunication licensee’s installation or plant, the owner or occupier must give the licensee 14 days’ notice in writing of the intention to do so and must take all such reasonable precautions as the licensee may require for the protection of such installation or plant. (7) If any such owner or occupier fails to give notice as provided under subsection (6) or having given notice fails to take any such reasonable precautions as the public telecommunication licensee may have required, the owner or occupier is liable to pay the licensee any cost and expense incurred by the licensee for any damage caused to any such installation or plant. (8) A certificate purporting to be under the hand of the chief executive of the licensee stating the amount of the cost and expense incurred by the licensee under subsection (7) is prima facie evidence of the amount due from the owner or occupier. (9) If the amount due for the cost and expense is not paid within 7 days after demand, the amount may be recovered in the same manner as if it were a simple contract debt. (10) If any tree is felled or vegetation is cleared upon land adjacent to a public telecommunication licensee’s installation or plant, it is presumed until the contrary is proved that the tree was felled or the vegetation was cleared by the owner or occupier of the land or by the owner’s or occupier’s employees or agents acting as such. [18


document_id: ta-1999
provision_ref: s23
chapter: PART 3 - ERECTION, MAINTENANCE AND REPAIR
section: 23
title: Provision of space or facility under code of practice
content:
23. —(1) The Authority may, from time to time — ( a ) issue one or more codes of practice for or in connection with the provision, maintenance and use of, and access to, space and facilities within or on any land or building for the operation of any installation, plant or system used for telecommunications, and the allocation of costs and expenses incurred for such provision, maintenance, use and access; and ( b ) amend, suspend or revoke the whole or any part of any code of practice issued under paragraph ( a ). [19/2011; 30/2016] (2) A code of practice issued under subsection (1) may, in particular — ( a ) require the developer or owner of any land or building to provide, maintain or give access to, at the developer’s or owner’s expense, such space or facility within or on the land or building, for the installation, operation or maintenance of any installation, plant or system used for either or both of the following purposes: (i) the provision of any telecommunication service or radio‑communication service to that land or building; (ii) the provision of any telecommunication service or radio‑communication service to any other land or building; and ( b ) provide for such fees and charges as may be payable to the Authority in relation to any application or request made to the Authority under the code of practice. [19/2011; 30/2016] (3) If any provision in any code of practice issued under subsection (1) is inconsistent with any provision of this Act, that provision in that code of practice, to the extent of the inconsistency — ( a ) has effect subject to the provisions of this Act; or ( b ) having regard to the provisions of this Act, does not have effect. [19/2011] (4) A code of practice issued under subsection (1) does not have legislative effect. [19/2011] (5) Subject to subsection (6), every developer or owner of any land or building, and every telecommunication licensee, to whom any code of practice issued under subsection (1) applies must comply, at that person’s expense, with that code of practice. [19/2011] (6) The Authority may, either generally or for such time as the Authority may specify, waive the application, to any developer or owner of any land or building or to any telecommunication licensee, of any code of practice issued under subsection (1) or of any part thereof. [19/2011] (7) The Authority may give a written notice to a telecommunication licensee, or a developer, owner or occupier of any land or building, requiring compliance with any code of practice issued under subsection (1). [30/2016] (8) The Authority may at any time vary, suspend or revoke the whole or any part of a written notice given under subsection (7). [30/2016] (9) To avoid doubt, the Authority may give a written notice under subsection (7) even though such written notice may prejudice the contractual obligations of the telecommunication licensee, or the developer, owner or occupier of any land or building, whether the obligation relates to a contract made before, on or after 1 February 2017. [30/2016] (10) No liability shall lie against any party to a contract made before, on or after 1 February 2017 for or in relation to, any breach of the contract where the breach is solely attributable to, or occasioned by, the compliance by that party with any written notice given under subsection (7). [30/2016] (11) Subsection (10) does not affect the operation of the Frustrated Contracts Act 1959. [30/2016] (12) Where any code of practice issued under subsection (1) applies to a person who is a developer or an owner of any land or building, and the Authority is satisfied that the person is contravening, or has contravened, whether by act or omission, any provision of that code of practice, the Authority may issue such written order to the person as the Authority considers necessary for the purpose of securing compliance with that provision. [19/2011] (13) An order under subsection (12) — ( a ) may require the person concerned (according to the circumstances of the case) to do, or to refrain from doing, such things as are specified in the order, or as are of a description specified in the order; and ( b ) takes effect at such time (being the earliest practicable time) as is determined by or under that order. [19/2011] (14) The Authority may at any time vary, suspend or revoke the whole or any part of an order under subsection (12). [19/2011] (15) Any person referred to in subsection (12) who fails to comply with an order under that subsection shall be guilty of an offence. [19/2011] (16) Any relevant specifications in force immediately before 1 February 2012 — ( a ) are deemed to be a code of practice issued under subsection (1); and ( b ) remain in force until revoked or replaced by a code of practice issued under subsection (1). [19/2011] (17) In subsection (16) “relevant specifications” means any specifications published by the Authority under section 23 in force immediately before 1 February 2012. [19 [19/2011]


document_id: ta-1999
provision_ref: s24
chapter: PART 3 - ERECTION, MAINTENANCE AND REPAIR
section: 24
title: Provision of facilities for radio-communication
content:
24. —(1) Any person who intends to install, erect or construct, within a radius of 200 metres from the site of a telecommunication licensee’s installation or plant used in connection with its radio‑communication service, any building more than 30 metres above ground level must notify the licensee in writing before carrying out any such installation, erection or construction. (2) The telecommunication licensee may, after receiving such notification from the person, make arrangements with the person for the licensee to enter upon the building at any reasonable time to provide such accommodation or other facilities in or around the building as may be necessary or proper for any installation or plant used in connection with radio‑communication service to be laid, placed, constructed, erected or installed in, on or around the building. (3) Where, in the opinion of a telecommunication licensee, a building which is installed, erected or constructed after the licensee’s installation or plant used in connection with its radio‑communication service was laid, placed, constructed, erected or installed in or around the building, interrupts or interferes with the licensee’s radio‑communication service or system, the licensee may, with the approval of the Authority, at any reasonable time, enter upon the building to provide such accommodation or other facilities in or around the building as may be necessary or proper for such installation or plant to be laid, placed, constructed, erected or installed in, on or around the building for the purposes of eliminating such interruption or interference. (4) The telecommunication licensee must pay compensation to the owner or occupier of any building for any disturbance, disability or damage caused as a result of any act of the licensee under subsection (2) or (3). (5) In this section and section 23, “building” means any permanent or temporary building and includes any structure or erection of any kind (whether permanent or temporary) and any extension, modification or alteration made thereto. [20


document_id: ta-1999
provision_ref: s25
chapter: PART 3 - ERECTION, MAINTENANCE AND REPAIR
section: 25
title: Provision of space or facility or installation, plant or system by direction of Authority
content:
25. —(1) Where the Authority considers it necessary that any telecommunication service should be provided to any land or building (whether completed or not) or any occupier of the land or building, or that the quality of a telecommunication service provided to any land or building or to any occupier of that land or building should be enhanced, the Authority may by direction — ( a ) require the developer or owner of the land or building to provide, at the developer’s or owner’s expense and within such period as may be specified in the direction, such space or facility within or on that land or building, and access to that land or building, as the Authority may specify in its direction; and ( b ) require any telecommunication licensee to install, within such period as may be specified in the direction, such installation, plant or system in that space or facility as the Authority considers necessary for the provision, or the enhancement of quality, of the telecommunication service to that land or building or to the occupier of that land or building. [30/2016] (2) Where the Authority considers it necessary that any broadcasting service, the operation of which requires a telecommunication system, should be provided to any land or building, whether completed or not, or that the quality of any such broadcasting service provided to any land or building should be enhanced, the Authority may by direction — ( a ) require the developer or owner of the land or building to provide at the developer’s or owner’s expense and within such period as may be specified in the direction, such space or facility within or on the land or building, and access thereto, as the Authority may specify in its direction; and ( b ) require any telecommunication licensee to install, within such period as may be specified in the direction, such installation, plant or system as the Authority considers necessary for the provision, or the enhancement of quality, of the broadcasting service to the land or building. [19/2011; 22/2016] (3) Where the Authority — ( a ) considers it necessary that in relation to any land or building, whether completed or not (called in this section the relevant property), a radio‑communication service should be provided to the relevant property or the quality of a radio‑communication service provided to the relevant property should be enhanced; and ( b ) is satisfied that it would be in the public interest for a telecommunication licensee providing the radio‑communication service to install any installation, plant or system within or on another land or building (called in this section the subject property) in order to serve the relevant property or enhance the quality of the radio‑communication service provided to the relevant property, the Authority may by direction — ( c ) require the developer or owner of the subject property in paragraph ( b ) to provide, at the developer’s or owner’s expense and within such period as may be specified in the direction, such space or facility within or on the subject property, and access to the subject property, as the Authority may specify in its direction; and ( d ) require the telecommunication licensee to install within or on the subject property, within such period as may be specified in the direction, such installation, plant or system as the Authority considers necessary for the provision or enhancement of the quality of the radio‑communication service to the relevant property. [30/2016] (4) To avoid doubt, the Authority may give directions under subsection (1), (2), (3) or (13) even though such directions may prejudice the contractual obligations of the telecommunication licensee, or the developer, owner or occupier of any land or building, whether the obligation relates to a contract made before, on or after 1 February 2017. [30/2016] (5) No liability shall lie against any party to a contract made before, on or after 1 February 2017 for or in relation to, any breach of the contract where the breach is solely attributable to, or occasioned by, the compliance by that party with any direction of the Authority under subsection (1), (2), (3) or (13). [30/2016] (6) Subsection (5) does not affect the operation of the Frustrated Contracts Act 1959. [30/2016] (7) Where a telecommunication licensee that is using any space or facility within or on any land or building pursuant to a direction under subsection (1), (2) or (3), or any code of practice issued by the Authority, intends to use that space or facility — ( a ) to provide any telecommunication service or broadcasting service, or to enhance the quality of any telecommunication service or broadcasting service provided, to any land or building not in the direction to the licensee under subsection (1) or (2); ( b ) to provide any radio‑communication service, or to enhance the quality of any radio‑communication service provided, to any land or building that is not the relevant land or building in the direction to the licensee under subsection (3); or ( c ) to provide any telecommunication service, broadcasting service or radio‑communication service that is not in the direction to the licensee under subsection (1), (2) or (3) (as the case may be) whether or not to the same land or building in the direction, the licensee must give 14 days’ notice to the developer or owner of that land or building, stating as fully and accurately as possible the nature and extent of the acts intended to be done for the purpose of paragraph ( a ), ( b ) or ( c ), as the case may be. [30/2016] (8) The developer or owner of the land or building may, within 14 days after receiving a notice under subsection (7), lodge a written objection with the Authority. [30/2016] (9) Where a written objection is lodged by the developer or owner of the land or building under subsection (8) (called in this section the objector), the Authority must notify the telecommunication licensee concerned to resolve the dispute with the objector due to the objection. [30/2016] (10) On receipt of the Authority’s notice under subsection (9), the telecommunication licensee must take genuine steps to resolve the dispute with the objector due to the objection. [30/2016] (11) If the telecommunication licensee fails to resolve the dispute due to the objection, the licensee must inform the Authority in writing and also furnish all relevant information relating to the steps taken by the licensee to resolve the dispute due to the objection. [30/2016] (12) After receipt of the information mentioned in subsection (11), the Authority — ( a ) must notify the telecommunication licensee and the objector as to whether the Authority is satisfied that the licensee has taken genuine steps to resolve the dispute due to the objection; and ( b ) if so satisfied, must hold an inquiry (in such manner as the Authority thinks fit) on the objection, giving each party a reasonable opportunity to be heard if the objection is not withdrawn. [30/2016] (13) Upon the conclusion of the inquiry, the Authority may, upon being satisfied that the use of the space or facility for a purpose in the notice given under subsection (7) would be reasonable, by directions to the telecommunication licensee or the developer or owner of the land or building require either or both to give effect to the notice in such manner and on such terms, conditions and stipulations as the Authority may specify in the direction, including directions that — ( a ) require the developer or owner to allow the licensee to use the space or facility; or ( b ) require the licensee to install and operate any installation, plant or system within the space or facility. [30/2016] (14) The telecommunication licensee may enter on the land or building and do all or any of the acts mentioned in the notice given under subsection (7) — ( a ) where no written objection is lodged within the period specified in subsection (8), after the expiry of that period; or ( b ) where a written objection is lodged under subsection (8) — (i) after the objection is withdrawn; (ii) after the telecommunication licensee resolves the dispute with the objector due to the objection; or (iii) on the Authority’s direction under subsection (13), subject to the terms, conditions and stipulations imposed by the Authority under that subsection. [30/2016] (15) Any direction under subsection (1), (2), (3) or (13) may include — ( a ) a requirement that the telecommunication licensee must contribute, wholly or partly, to such costs and expenses incurred for the provision and use of any space or facility or installation, plant or system under subsection (1), (2), (3) or (13) as the Authority may determine; ( b ) terms and conditions relating to the payment of costs and expenses necessary for any alteration, removal, relocation or diversion of the installation, plant or system that may subsequently be required; and ( c ) such other requirements as the Authority may specify. [10/2005; 19/2011; 30/2016] (16) The Authority may at any time vary, suspend or revoke the whole or any part of a direction under subsection (1), (2), (3) or (13). [19/2011; 30/2016] (17) Any person who fails to comply with any requirement in a direction under this section shall be guilty of an offence. [21 [10/2005]


document_id: ta-1999
provision_ref: s26
chapter: PART 3 - ERECTION, MAINTENANCE AND REPAIR
section: 26
title: Prohibition against exclusive agreements or arrangements
content:
26. —(1) The developer or owner of any land or building — ( a ) must not enter into or enforce any agreement or arrangement with any occupier of the land or building that restricts or prevents the occupier from selecting any supplier of telecommunication systems and services to provide telecommunication services to the occupier; and ( b ) must not enter into or enforce any agreement or arrangement with any telecommunication licensee that restricts or prevents other telecommunication licensees from installing their installation, plant or system in the land or building or supplying telecommunication systems and services to the land or building or supplying telecommunication services to any occupier of the land or building. [30/2016] (2) The Authority may give such directions as the Authority thinks fit to be observed by the telecommunication licensee, or the developer, owner or occupier of the land or building, to ensure compliance with subsection (1). [30/2016] (3) To avoid doubt, the Authority may give directions under subsection (2) even though such directions may prejudice the contractual obligations of the telecommunication licensee, or the developer, owner or occupier of any land or building, whether the obligation relates to a contract made before, on or after 1 February 2017. [30/2016] (4) No liability shall lie against any party to a contract made before, on or after 1 February 2017 for or in relation to, any breach of the contract where the breach is solely attributable to, or occasioned by, the compliance by that party with any direction of the Authority under subsection (2). [30/2016] (5) Subsection (4) does not affect the operation of the Frustrated Contracts Act 1959. [30/2016] (6) The Authority may at any time vary, suspend or revoke the whole or any part of a direction given under subsection (2). [30/2016] (7) Any person who fails to comply with any requirement in a direction under this section shall be guilty of an offence. [22 [30/2016]


document_id: ta-1999
provision_ref: s27
chapter: PART 3 - ERECTION, MAINTENANCE AND REPAIR
section: 27
title: Disputes as to compensation
content:
27. If any dispute arises under sections 15(2), 16(2), 17(1), 20(2), 22(3) and 24(4), it shall, on application for that purpose by any aggrieved person to the Authority, be determined by the Authority. [23 [10/2005]


document_id: ta-1999
provision_ref: s28
chapter: PART 3 - ERECTION, MAINTENANCE AND REPAIR
section: 28
title: Precautions in execution of work
content:
28. The execution of any work by a public telecommunication licensee under this Act which may affect any street, railway, river, canal, or other waterway or any system of irrigation, drainage or water supply or any telecommunications, harbour works or any other public or private works, and the erection of any installation or plant used for telecommunications whether over, on or under the ground must be carried out in a lawful manner having regard to the safety of any person or property. [24


document_id: ta-1999
provision_ref: s29
chapter: PART 3 - ERECTION, MAINTENANCE AND REPAIR
section: 29
title: Exemption from distress and attachment, etc.
content:
29. —(1) The installation or plant used for telecommunications of a public telecommunication licensee shall not be subject to distress or be liable to be taken under or pursuant to an enforcement order under any process of a court in any bankruptcy or insolvency proceedings against any person without the Minister’s prior written approval. [Act 25 of 2021 wef 01/04/2022] (2) Every installation or plant used for telecommunications placed under, over, along, across, in or upon any property by a public telecommunication licensee remains the property of the licensee concerned whether or not it has become in whole or in part a fixture. [25


document_id: ta-1999
provision_ref: s30
chapter: PART 4 - CODES OF PRACTICE, STANDARDS OF
section: 30
title: Codes of practice and standards of performance on telecommunications
content:
30. —(1) The Authority may, from time to time — ( a ) issue one or more codes of practice or standards of performance; ( b ) approve as a code of practice or standard of performance any document prepared by a person other than the Authority, if the Authority considers the document to be suitable for this purpose; or ( c ) review, amend or revoke any code of practice or standard of performance issued under paragraph ( a ) or approved under paragraph ( b ), with respect to all or any of the following: ( d ) the operation of telecommunication systems and equipment; ( e ) the provision of telecommunication services; ( f ) the activities and conduct of telecommunication licensees in the provision of telecommunication services; ( g ) the provision of services relating to the use of, or access to, telecommunication systems; ( h ) the activities and conduct of telecommunication licensees in the provision of services relating to the use of, or access to, telecommunication systems; ( i ) competition, abuse of a dominant position in the market and fair market conduct in the telecommunication industry in Singapore; ( j ) the acquisitions or consolidations involving a telecommunication licensee and any other person (whether a telecommunication licensee or otherwise); ( k ) the collection, use and disclosure by telecommunication licensees of information about subscribers of telecommunication services, without the subscribers’ consent, including information about the subscribers’ personal data, telecommunication subscription and usage; ( l ) the carrying out of the purposes and provisions of this Act and the due administration thereof. [19/2011; 30/2016] (2) A code of practice issued or approved under subsection (1) may, in particular — ( a ) specify the duties and obligations of any person in relation to the person’s business operation in the telecommunication industry; and ( b ) provide for such fees and charges as may be payable to the Authority in relation to any application or request made to the Authority under the code of practice. [19/2011] (3) If any provision in any code of practice or standard of performance issued or approved under subsection (1) is inconsistent with any provision of this Act, that provision in that code of practice or standard of performance, to the extent of the inconsistency — ( a ) has effect subject to the provisions of this Act; or ( b ) having regard to the provisions of this Act, does not have effect. [19/2011] (4) A code of practice or standard of performance issued or approved under subsection (1) does not have legislative effect. [19/2011] (5) Subject to subsection (6), every telecommunication licensee to whom any code of practice or standard of performance issued or approved under subsection (1) applies must comply with that code of practice or standard of performance. [19/2011] (6) The Authority may, either generally or for such time as the Authority may specify, waive the application, to any telecommunication licensee, of any code of practice or standard of performance issued or approved under subsection (1) or of any part of any such code of practice or standard of performance. [26 [19/2011]


document_id: ta-1999
provision_ref: s31
chapter: PART 4 - CODES OF PRACTICE, STANDARDS OF
section: 31
title: Directions affecting telecommunication licensees
content:
31. —(1) The Authority may give directions to be observed by telecommunication licensees — ( a ) to ensure the reliability of the provision of any telecommunication service to the public; ( b ) to ensure the technical compatibility and safety of operation of any equipment or telecommunication system; ( c ) to ensure fair and efficient market conduct by telecommunication licensees; ( d ) to ensure the coordination and cooperation, on such terms as the Authority may specify, with any other person in the use or sharing of any installation, plant or system (or part of it) owned or used by the telecommunication licensee for the provision of any telecommunication service; or ( e ) in the public interest. [10/2005; 19/2011] (2) The Authority may give directions to be observed by telecommunication licensees — ( a ) to ensure the reliability of the provision of any broadcasting service, the operation of which requires a telecommunication system, to the public; ( b ) to ensure the technical compatibility and safety of operation of any equipment or telecommunication system used for the provision of any broadcasting service; ( c ) to ensure fair and efficient market conduct by telecommunication licensees in relation to the use of telecommunication systems for the provision of broadcasting services; ( d ) to ensure the coordination and cooperation, on such terms as the Authority may specify, with any other person in the use or sharing of any installation, plant or system (or part of it) owned or used by the telecommunication licensee for the provision of any broadcasting service; or ( e ) in relation to the provision of any broadcasting service, the operation of which requires a telecommunication system, in the public interest. [19/2011; 22/2016] (3) A direction under subsection (1) or (2) — ( a ) may require the telecommunication licensee concerned (according to the circumstances of the case) to do, or to refrain from doing, such things as are specified in the direction, or as are of a description specified in the direction; and ( b ) takes effect at such time (being the earliest practicable time) as is determined by or under that direction. [19/2011] (4) The Authority may at any time vary, suspend or revoke the whole or any part of a direction under subsection (1) or (2). [19/2011] (5) Before giving a direction to any telecommunication licensee under subsection (1) or (2) or varying a direction under subsection (4), the Authority must, unless the Authority in respect of any particular direction considers that it is not practicable or desirable, give notice — ( a ) stating that the Authority proposes to make or vary the direction and setting out its effect; and ( b ) specifying the time within which representations or objections to the proposed direction or variation may be made, and must consider any representations or objections which are duly made. [10/2005; 19/2011] (6) Every telecommunication licensee must comply with every direction of the Authority given to the licensee under this section. [27


document_id: ta-1999
provision_ref: s32
chapter: PART 4 - CODES OF PRACTICE, STANDARDS OF
section: 32
title: Advisory guidelines
content:
32. —(1) The Authority may make written advisory guidelines about any aspect of telecommunications. (2) Advisory guidelines, for example, may be made about — ( a ) any matter in respect of which codes of practice and standards of performance may be made under section 30; ( b ) the use, construction, design or performance of anything; ( c ) interference with radio-communications; or ( d ) frequency allocation and coordination. (3) The Authority must — ( a ) give a copy of each advisory guideline it makes to the Minister; and ( b ) publish each advisory guideline in the way it thinks fit. [28


document_id: ta-1999
provision_ref: s33
chapter: PART 5 - TELECOMMUNICATION CABLE DETECTION WORK
section: 33
title: Telecommunication cable detection work to be carried out before earthworks
content:
33. —(1) Subject to subsection (2), a person must not commence or carry out, or cause or permit the commencement or carrying out of, any earthworks which are within the vicinity of any telecommunication cable belonging to or under the management or control of a telecommunication system licensee unless — ( a ) the person has given to the telecommunication system licensee at least 7 days’ (or such other period as the Authority may allow in any particular case) notice in writing of the date on which it is proposed to commence the earthworks; ( b ) the person has obtained from the telecommunication system licensee the necessary information on the location of such telecommunication cable and has consulted the licensee on the steps to be taken to prevent the telecommunication cable from damage while the earthworks are being carried out; and ( c ) the person has caused telecommunication cable detection work to be performed or carried out by a licensed telecommunication cable detection worker in order to confirm the location of the telecommunication cable. (2) Subsection (1) does not prohibit a person from commencing or carrying out 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, except that the person must, not more than 7 days after the earthworks have been commenced or carried out, give to the telecommunication system licensee a written notice stating the nature and extent of those earthworks. (3) It is the duty of the person who carries out any earthworks referred to in subsection (1) — ( a ) to comply with all reasonable requirements of the telecommunication system licensee for the prevention of damage to the telecommunication cable; ( b ) to ensure that reasonable precautions are taken when carrying out such earthworks to prevent any damage to the telecommunication cable, including but not limited to site supervision of the earthworks; and ( c ) to allow the telecommunication system licensee reasonable access to the work site for the purpose of inspecting or taking any necessary measures to protect the telecommunication cable. (4) It is the duty of a telecommunication system licensee to whom a notice under subsection (1)( a ) has been given — ( a ) to promptly inform the person who has given the telecommunication system licensee the notice of the location of the telecommunication cable and to provide such person with any other information as may be necessary to enable the person to ascertain the exact location of the telecommunication cable; ( b ) to advise the person who has given the telecommunication system licensee the notice on the precautions to be taken to prevent damage to the telecommunication cable; and ( c ) to take all such measures at the work site as may be reasonable and necessary for the protection of the telecommunication cable from damage and, in so doing, the telecommunication system licensee must have regard to the potential risks and dangers that can arise from any damage to the telecommunication cable. (5) A person (other than a licensed telecommunication cable detection worker) must not commence or carry out any telecommunication cable detection work within the vicinity of any telecommunication cable belonging to or under the management or control of a telecommunication system licensee where such telecommunication cable detection work is commenced or carried out in connection or combination with or in relation to any earthworks carried out or to be carried out. (6) Any person who contravenes or fails to comply with subsection (1) or (3) 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 3 years or to both. (7) Subject to subsection (8), in any proceedings for an offence under subsection (6), 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. (8) If in any proceedings for an offence under subsection (6) the defence involves acting on information supplied by a telecommunication system licensee or a licensed telecommunication cable detection worker, the person charged is not, without permission of the court, entitled to rely on that defence unless, within 14 clear days before the hearing, the person charged has served on the prosecutor a written notice giving such information as was then in the person’s possession identifying or assisting in the identification of the person who supplied the information to the person charged. [Act 25 of 2021 wef 01/04/2022] (9) Any person who contravenes or fails to comply with subsection (5) 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. [29


document_id: ta-1999
provision_ref: s34
chapter: PART 5 - TELECOMMUNICATION CABLE DETECTION WORK
section: 34
title: Powers of Authority in relation to telecommunication cable detection work
content:
34. The Authority may — ( a ) grant a telecommunication cable detection work licence permitting a person to perform such telecommunication cable detection work as is specified in the licence and may suspend, cancel, alter, extend, renew or replace any such licence; ( b ) classify any telecommunication cable detection work licence in such manner as it determines; ( c ) specify the nature of the telecommunication cable detection work in respect of which a telecommunication cable detection work licence is granted and restrict such work to any type or class of telecommunication cable detection work; ( d ) specify the circumstances or manner in which licensed cable detection workers may perform or carry out telecommunication cable detection work; ( e ) impose any terms, conditions or restrictions on any telecommunication cable detection work licence; ( f ) require any public telecommunication licensee to conduct approved courses of training, including refresher courses, and provide for examinations for telecommunication cable detection workers; ( g ) keep a register of licensed telecommunication cable detection workers; and ( h ) do any act or thing which is necessary or convenient to carrying out the objects of this Part or is incidental thereto. [30


document_id: ta-1999
provision_ref: s35
chapter: PART 5 - TELECOMMUNICATION CABLE DETECTION WORK
section: 35
title: Licensed telecommunication cable detection workers
content:
35. —(1) Any person who, not being a licensed telecommunication cable detection worker, advertises or holds himself or herself out or conducts himself or herself in any way or by any means as a person who is a licensed telecommunication cable detection worker 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. [10/2005] (2) A person (other than a licensed telecommunication cable detection worker) is not entitled to recover in any court any charge, fee or remuneration for any telecommunication cable detection work performed or carried out by the person. [31


document_id: ta-1999
provision_ref: s36
chapter: PART 5 - TELECOMMUNICATION CABLE DETECTION WORK
section: 36
title: Duty to enquire before excavation
content:
36. Any person who digs, bores, trenches, grades, excavates or breaks any ground with any mechanical equipment or explosive or allows employee or agent of the person to do so without first ascertaining the location of any telecommunication cable belonging to or under the management or control of any telecommunication system licensee that may be interfered with 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 3 years or to both. [32 [10/2005]


document_id: ta-1999
provision_ref: s37
chapter: PART 5A - CONTROL OF DESIGNATED TELECOMMUNICATION
section: 37
title: Interpretation of this Part
content:
37. —(1) In this Part, unless the context otherwise requires — “12% controller” means — ( a ) in relation to a designated telecommunication licensee, a person who, alone or together with the person’s associates — (i) holds 12% or more but less than 30% of the total number of voting shares in the designated telecommunication licensee; or (ii) is in a position to control 12% or more but less than 30% of the voting power in the designated telecommunication licensee; ( b ) in relation to a designated business trust, a person who, alone or together with the person’s associates — (i) holds 12% or more but less than 30% of the total number of units in the designated business trust; or (ii) is in a position to control 12% or more but less than 30% of the voting power in the designated business trust; or ( c ) in relation to a designated trust, a person who, alone or together with the person’s associates — (i) holds 12% or more but less than 30% of the equity interests in the designated trust; or (ii) is in a position to control 12% or more but less than 30% of the voting power in the designated trust; “30% controller” means — ( a ) in relation to a designated telecommunication licensee, a person who, alone or together with the person’s associates — (i) holds 30% or more of the total number of voting shares in the designated telecommunication licensee; or (ii) is in a position to control 30% or more of the voting power in the designated telecommunication licensee; ( b ) in relation to a designated business trust, a person who, alone or together with the person’s associates — (i) holds 30% or more of the total number of units in the designated business trust; or (ii) is in a position to control 30% or more of the voting power in the designated business trust; or ( c ) in relation to a designated trust, a person who, alone or together with the person’s associates — (i) holds 30% or more of the equity interests in the designated trust; or (ii) is in a position to control 30% or more of the voting power in the designated trust; “business” means — ( a ) in relation to a designated business trust, the business relating to the trust property of the designated business trust and managed and operated by the trustee‑manager of the designated business trust in its capacity as trustee‑manager of the designated business trust; or ( b ) in relation to a designated trust, such business relating to the trust property of the designated trust as is prescribed by any regulations made under section 97; “business trust” has the meaning given by section 2 of the Business Trusts Act 2004; “corporation” has the meaning given by section 4(1) of the Companies Act 1967; “designated business trust” means a business trust that — ( a ) is established wholly or partly in respect of a telecommunication system (or any part of it) operated by a telecommunication system licensee; and ( b ) has been declared by the Authority under subsection (2) to be a designated business trust for the purposes of this Part; “designated telecommunication licensee” means a telecommunication licensee that is a corporation and that — ( a ) has been declared by the Authority under subsection (2) to be a designated telecommunication licensee for the purposes of this Part; or ( b ) belongs to a class of telecommunication licensees which has been declared by the Authority under subsection (2) to be a class of designated telecommunication licensees for the purposes of this Part; “designated trust” means a trust that — ( a ) is prescribed, or belongs to a class of trusts prescribed, by any regulations made under section 97; ( b ) is established wholly or partly in respect of a telecommunication system (or any part of it) operated by a telecommunication system licensee; and ( c ) has been declared by the Authority under subsection (2) to be a designated trust for the purposes of this Part; “effective control” means — ( a ) in relation to a designated telecommunication licensee, the ability to cause the designated telecommunication licensee to take, or to refrain from taking, a major decision regarding the management or operations of the designated telecommunication licensee; ( b ) in relation to a designated business trust, the ability to cause the trustee‑manager of the designated business trust to take, or to refrain from taking, a major decision regarding the management or operations of the designated business trust; or ( c ) in relation to a designated trust, the ability to cause the trustee of the designated trust to take, or to refrain from taking, a major decision regarding the management or operations of the designated trust; “equity interest” means — ( a ) in relation to a corporation, a voting share in that corporation; ( b ) in relation to a designated business trust, a unit in that designated business trust; or ( c ) in relation to a designated trust, any right or interest, whether legal or equitable, in that designated trust which gives the holder of that right or interest voting power in that designated trust; “related corporation” has the meaning given by section 4(1) of the Companies Act 1967; “relative”, in relation to a person, means — ( a ) the person’s spouse; ( b ) a parent or remoter lineal ancestor, or a step‑parent, of the person; ( c ) a child or remoter issue, or a stepchild, of the person; or ( d ) a sibling or stepsibling of the person; “share” has the meaning given by section 4(1) of the Companies Act 1967; “treasury share” has the meaning given by section 4(1) of the Companies Act 1967; “trustee-manager” has the meaning given by section 2 of the Business Trusts Act 2004; “unit” has the meaning given by section 2 of the Business Trusts Act 2004; “unitholder” has the meaning given by section 2 of the Business Trusts Act 2004; “voting share” has the meaning given by section 4(1) of the Companies Act 1967. [19/2011] (2) The Authority may, by notification in the Gazette , do one or more of the following: ( a ) declare any telecommunication licensee to be a designated telecommunication licensee for the purposes of this Part; ( b ) declare any class of telecommunication licensees to be a class of designated telecommunication licensees for the purposes of this Part; ( c ) declare any business trust to be a designated business trust for the purposes of this Part, if the business trust is established wholly or partly in respect of a telecommunication system (or any part of it) operated by a telecommunication system licensee; ( d ) declare any trust to be a designated trust for the purposes of this Part, if the trust — (i) is prescribed, or belongs to a class of trusts prescribed, by any regulations made under section 97; and (ii) is established wholly or partly in respect of a telecommunication system (or any part of it) operated by a telecommunication system licensee; ( e ) vary or revoke any declaration of a designated telecommunication licensee, a designated business trust or a designated trust; ( f ) vary or revoke any declaration of a class of designated telecommunication licensees. [19/2011] (3) For the purposes of this Part, in relation to a designated telecommunication licensee the whole or any portion of the share capital of which consists of stock, an interest of a person in any such stock is deemed to be an interest in an issued share in the designated telecommunication licensee having the same nominal amount as the amount of that stock and having attached to it the same rights as are attached to that stock. [19/2011] (4) For the purposes of this Part, a person, A , is an associate of another person, B , if — ( a ) A is a relative of B ; ( b ) A is a related corporation of B ; ( c ) A is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B or, where B is a corporation, of the directors of B ; ( d ) B is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of A or, where A is a corporation, of the directors of A ; ( e ) A is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B or, where B is a corporation, of the directors of B ; ( f ) B is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of A or, where A is a corporation, of the directors of A ; ( g ) A is a corporation in which B , alone or together with other associates of B as described in paragraphs ( b ) to ( f ), is in a position to control at least 12% of the voting power in A ; ( h ) B is a corporation in which A , alone or together with other associates of A as described in paragraphs ( b ) to ( f ), is in a position to control at least 12% of the voting power in B ; ( i ) A is a person with whom B has an agreement or arrangement, whether oral or in writing and whether express or implied, to act together with respect to the acquisition, holding or disposal of shares, units or other equity interests in, or with respect to the exercise of their voting power in relation to, a designated telecommunication licensee, a designated business trust or a designated trust; or ( j ) A is related to B in such other manner as may be prescribed by any regulations made under section 97. [19/2011] (5) For the purposes of this Part — ( a ) a person holds a voting share in a corporation if the person has any legal or equitable interest in that share, other than an interest that is to be disregarded under subsection (7); ( b ) a person holds a unit in a business trust if the person has any legal or equitable interest in that unit, other than an interest that is to be disregarded under subsection (10); and ( c ) a person holds an equity interest in a trust if the person has any legal or equitable interest in that equity interest, other than an interest that is to be disregarded under subsection (12). [19/2011] (6) Except as otherwise provided in subsection (7), for the purposes of this Part, a person is deemed to have an interest in a share, if — ( a ) the person has entered into a contract to purchase that share; or ( b ) the person, not being the registered holder of that share, is entitled (otherwise than by reason of the person having been appointed a proxy or representative to vote at a meeting of members of a corporation or of a class of its members) to exercise or control the exercise of a right attached to that share. [19/2011] (7) For the purposes of subsections (5)( a ) and (6), the following are disregarded: ( a ) an interest in a share of a person who holds the share as bare trustee; ( b ) an interest in a share of a person whose ordinary business includes the lending of money, if the person holds the interest only by way of security for the purposes of a transaction entered into in the ordinary course of business in connection with the lending of money; ( c ) an interest in a share of a person whose ordinary business includes the underwriting of securities, if the person holds the interest only as an underwriter or a sub‑underwriter to any offering of shares of a designated telecommunication licensee; ( d ) an interest in a share held by a person — (i) in the person’s capacity as a liquidator, the Official Receiver, the Official Assignee or the Public Trustee; or (ii) by reason of the person holding such other office as may be prescribed for the purposes of section 7(9)( c ) of the Companies Act 1967; ( e ) an interest of a corporation in its own shares purchased or otherwise acquired in accordance with sections 76B to 76G of the Companies Act 1967 (including treasury shares); ( f ) such interest in a share as may be prescribed for the purposes of section 7(9)( d ) of the Companies Act 1967, being an interest of such person, or of a person belonging to 


document_id: ta-1999
provision_ref: s38
chapter: PART 5A - CONTROL OF DESIGNATED TELECOMMUNICATION
section: 38
title:
Control of equity interests and voting power in designated telecommunication licensee, designated business trust or designated trust

content:
38. —(1) Subject to subsection (9), a designated telecommunication licensee must give written notice to the Authority, within 7 days after the designated telecommunication licensee first becomes aware of the event, in the event that any person, whether by a series of transactions over a period of time or otherwise — ( a ) holds 5% or more but less than 12% of the total number of voting shares in the designated telecommunication licensee; or ( b ) is in a position to control 5% or more but less than 12% of the voting power in the designated telecommunication licensee. [19/2011] (2) Subject to subsection (9), the trustee-manager of a designated business trust must give written notice to the Authority, within 7 days after the trustee‑manager first becomes aware of the event, in the event that any person, whether by a series of transactions over a period of time or otherwise — ( a ) holds 5% or more but less than 12% of the total number of units in the designated business trust; or ( b ) is in a position to control 5% or more but less than 12% of the voting power in the designated business trust. [19/2011] (3) Subject to subsection (9), the trustee of a designated trust must give written notice to the Authority, within 7 days after the trustee first becomes aware of the event, in the event that any person, whether by a series of transactions over a period of time or otherwise — ( a ) holds 5% or more but less than 12% of the equity interests in the designated trust; or ( b ) is in a position to control 5% or more but less than 12% of the voting power in the designated trust. [19/2011] (4) Every person required to give a notice under subsection (1), (2) or (3) must ensure that the notice — ( a ) is given in such form and manner as the Authority may determine; and ( b ) is supported by such information as the Authority may require. [19/2011] (5) Subject to subsection (10), a person must not, without obtaining the prior written approval of the Authority to do so, become, whether through a series of transactions over a period of time or otherwise, a 12% controller or a 30% controller of a designated telecommunication licensee, designated business trust or designated trust. [19/2011] (6) Subject to subsection (10), a person must not, without obtaining the prior written approval of the Authority to do so, acquire any business (of a designated telecommunication licensee, designated business trust or designated trust) that is conducted pursuant to a telecommunication licence granted under section 5, or any part of any such business, as a going concern. [19/2011] (7) Subject to subsection (10), a person must not, without obtaining the prior written approval of the Authority to do so, obtain effective control over a designated telecommunication licensee, designated business trust or designated trust. [19/2011] (8) An application for the written approval of the Authority under subsection (5), (6) or (7) — ( a ) must be made in such form and manner as the Authority may determine; and ( b ) must be supported by such information as the Authority may require. [19/2011] (9) A written notice need not be given to the Authority under subsection (1), (2) or (3), if the event mentioned in the applicable subsection occurs by virtue only of any transaction prescribed by the Minister for the purposes of this subsection by order in the Gazette . [19/2011] (10) Any person may, without obtaining the prior written approval of the Authority to do so, do any thing mentioned in subsection (5), (6) or (7), if the doing of that thing occurs by virtue only of any transaction prescribed by the Minister for the purposes of this subsection by order in the Gazette . [19/2011] (11) A designated telecommunication licensee must give written notice to the Authority, within 7 days after the designated telecommunication licensee first becomes aware of the event, in the event that any person, by virtue only of any transaction prescribed by the Minister for the purposes of this subsection by order in the Gazette — ( a ) becomes, whether through a series of transactions over a period of time or otherwise, a 12% controller or a 30% controller of the designated telecommunication licensee; ( b ) acquires any business of the designated telecommunication licensee that is conducted pursuant to a telecommunication licence granted under section 5, or any part of any such business, as a going concern; or ( c ) obtains effective control over the designated telecommunication licensee. [19/2011] (12) The trustee-manager of a designated business trust must give written notice to the Authority, within 7 days after the trustee‑manager first becomes aware of the event, in the event that any person, by virtue only of any transaction prescribed by the Minister for the purposes of this subsection by order in the Gazette — ( a ) becomes, whether through a series of transactions over a period of time or otherwise, a 12% controller or a 30% controller of the designated business trust; ( b ) acquires any business of the designated business trust that is conducted pursuant to a telecommunication licence granted under section 5, or any part of any such business, as a going concern; or ( c ) obtains effective control over the designated business trust. [19/2011] (13) The trustee of a designated trust must give written notice to the Authority, within 7 days after the trustee first becomes aware of the event, in the event that any person, by virtue only of any transaction prescribed by the Minister for the purposes of this subsection by order in the Gazette — ( a ) becomes, whether through a series of transactions over a period of time or otherwise, a 12% controller or a 30% controller of the designated trust; ( b ) acquires any business of the designated trust that is conducted pursuant to a telecommunication licence granted under section 5, or any part of any such business, as a going concern; or ( c ) obtains effective control over the designated trust. [19/2011] (14) Subject to subsection (15), any person who contravenes subsection (2), (3), (12) or (13) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [19/2011; 30/2016] (15) Subsection (14) does not apply to a telecommunication licensee that is — ( a ) a trustee‑manager of a designated business trust; or ( b ) a trustee of a designated trust. [32B [30/2016]


document_id: ta-1999
provision_ref: s39
chapter: PART 5A - CONTROL OF DESIGNATED TELECOMMUNICATION
section: 39
title:
Power to issue code of practice relating to control of designated telecommunication licensees, designated business trusts and designated trusts

content:
39. —(1) Without limiting section 30, the Authority may issue a code of practice under that section which specifies such matters as are generally necessary for carrying out the purposes and provisions of this Part and for the due administration thereof. [19/2011] (2) Without limiting subsection (1), the Authority may specify in the code of practice — ( a ) the rules and procedures that each of the following must comply with: (i) a designated telecommunication licensee; (ii) a person who holds any voting shares, or controls any voting power, in a designated telecommunication licensee; (iii) a person who holds any units, or controls any voting power, in a designated business trust; (iv) a person who holds any equity interest, or controls any voting power, in a designated trust; (v) a person who acquires any business (of a designated telecommunication licensee, designated business trust or designated trust) that is conducted pursuant to a telecommunication licence granted under section 5, or any part of any such business, as a going concern; (vi) a person who obtains effective control over a designated telecommunication licensee, designated business trust or designated trust; ( b ) the terms and conditions which the Authority may impose when granting any written approval under section 38(5), (6) or (7); and ( c ) the fees and charges payable to the Authority in respect of any application or request made to the Authority under the code of practice. [32C [19/2011]


document_id: ta-1999
provision_ref: s40
chapter: PART 5A - CONTROL OF DESIGNATED TELECOMMUNICATION
section: 40
title:
Power to issue directions relating to control of designated telecommunication licensees, designated business trusts and designated trusts

content:
40. —(1) Without limiting section 31, the Authority may issue a direction under subsection (2) if — ( a ) a person (called in this section the specified person) — (i) becomes a 12% controller or 30% controller of a designated telecommunication licensee, designated business trust or designated trust; (ii) acquires any business (of a designated telecommunication licensee, designated business trust or designated trust) that is conducted pursuant to a telecommunication licence granted under section 5, or any part of any such business, as a going concern; or (iii) obtains effective control over a designated telecommunication licensee, designated business trust or designated trust; and ( b ) the Authority is satisfied that — (i) the specified person has thereby contravened section 38(5), (6) or (7); (ii) any condition of approval imposed by the Authority on the specified person when granting its written approval under section 38(5), (6) or (7) has not been complied with; (iii) the specified person has furnished false or misleading information or documents in connection with the person’s application for written approval under section 38(5), (6) or (7); (iv) the Authority would not have granted its written approval under section 38(5), (6) or (7) had it been aware, at the time the approval was granted, of any matter relevant to the specified person’s application for such approval; or (v) the applicable matter referred to in paragraph ( a )(i), (ii) or (iii) is likely to substantially lessen competition or is against the public interest. [19/2011] (2) The Authority may, in the circumstances specified in subsection (1), issue such of the following directions as may be applicable: ( a ) direct the designated telecommunication licensee to do all or any of the following: (i) to restrict the exercise of all or any of the voting rights in respect of the shares which the specified person holds, or which the specified person and the specified person’s associates together hold, in the designated telecommunication licensee (called in this section the specified shares), or to restrict the exercise of the voting power which the specified person controls, or which the specified person and the specified person’s associates together control, in the designated telecommunication licensee, unless the Authority expressly permits such rights or power to be exercised; (ii) to restrict the issuance or offer of shares in the designated telecommunication licensee (whether by way of rights, bonus or otherwise) in respect of the specified shares, unless the Authority expressly permits such issue or offer; (iii) except in a liquidation of the designated telecommunication licensee, to restrict the payment of any amount (whether by way of dividends or otherwise) in respect of the specified shares, unless the Authority expressly authorises such payment subject to such conditions as the Authority may specify; ( b ) direct the trustee-manager of the designated business trust to do all or any of the following: (i) to restrict the exercise of all or any of the voting rights in respect of the units which the specified person holds, or which the specified person and the specified person’s associates together hold, in the designated business trust (called in this section the specified units), or to restrict the exercise of the voting power which the specified person controls, or which the specified person and the specified person’s associates together control, in the designated business trust, unless the Authority expressly permits such rights or power to be exercised; (ii) to restrict the issuance or offer of units in the designated business trust (whether by way of rights, bonus or otherwise) in respect of the specified units, unless the Authority expressly permits such issue or offer; (iii) except in a winding up of the designated business trust, to restrict the payment of any amount (whether by way of profits, income or otherwise) in respect of the specified units, unless the Authority expressly authorises such payment subject to such conditions as the Authority may specify; ( c ) direct the trustee of the designated trust to do all or any of the following: (i) to restrict the exercise of all or any of the voting rights in respect of the equity interests which the specified person holds, or which the specified person and the specified person’s associates together hold, in the designated trust (called in this section the specified equity interests), or to restrict the exercise of the voting power which the specified person controls, or which the specified person and the specified person’s associates together control, in the designated trust, unless the Authority expressly permits such rights or power to be exercised; (ii) to restrict the issuance or offer of equity interests in the designated trust (whether by way of rights, bonus or otherwise) in respect of the specified equity interests, unless the Authority expressly permits such issue or offer; (iii) except in a winding up of the designated trust, to restrict the payment of any amount (whether by way of profits, income or otherwise) in respect of the specified equity interests, unless the Authority expressly authorises such payment subject to such conditions as the Authority may specify; ( d ) direct the specified person, or any associate of the specified person, to transfer or dispose of all or any part of the specified shares, specified units or specified equity interests (as the case may be) within such time as the Authority may determine and subject to such conditions as the Authority considers appropriate; ( e ) direct the specified person to transfer or dispose of all or any part of the business or part thereof that is conducted pursuant to a telecommunication licence granted under section 5, and that is acquired from the designated telecommunication licensee, designated business trust or designated trust as a going concern, within such time as the Authority may determine and subject to such conditions as the Authority considers appropriate; ( f ) direct the specified person to relinquish effective control over the designated telecommunication licensee, designated business trust or designated trust, within such time as the Authority may determine and subject to such conditions as the Authority considers appropriate. [19/2011] (3) Before issuing a direction to any person under subsection (2), the Authority must, unless the Authority decides that it is not practicable or desirable to do so, cause to be given to that person written notice of the Authority’s intention to issue the direction, specifying a date by which that person may make written representations with regard to the proposed direction. [19/2011] (4) Upon receipt of any written representations mentioned in subsection (3), the Authority must consider them for the purpose of determining whether to issue the direction. [19/2011] (5) Any person to whom a direction is given under subsection (2) must comply with the direction. [19/2011] (6) The Authority may at any time vary, suspend or revoke any direction issued under this section. [19/2011] (7) Any direction given to a person under subsection (2) has effect, despite — ( a ) the Business Trusts Act 2004, the Companies Act 1967, the Limited Liability Partnerships Act 2005, the Trustees Act 1967 and the VCC Act; [S 26/2022 wef 13/01/2022] ( b ) anything in any listing rules as defined in section 2(1) of the Securities and Futures Act 2001; and ( c ) the provisions of the memorandum or articles of association, trust deed or other constitution of the designated telecommunication licensee, designated business trust or designated trust. [30/2016] (8) Without affecting subsection (7) — ( a ) where any direction is issued under subsection (2)( a ), unless the direction is suspended or revoked — (i) the voting rights in respect of the specified shares, and the voting power which the specified person controls, or which the specified person and the specified person’s associates together control, in the designated telecommunication licensee, are not exercisable unless the Authority expressly permits such rights or power to be exercised; (ii) no shares in the designated telecommunication licensee are to be issued or offered (whether by way of rights, bonus or otherwise) in respect of the specified shares, unless the Authority expressly permits such issue or offer; and (iii) except in a liquidation of the designated telecommunication licensee, no amount is to be paid (whether by way of dividends or otherwise) in respect of the specified shares, unless the Authority expressly authorises such payment; ( b ) where any direction is issued under subsection (2)( b ), unless the direction is suspended or revoked — (i) the voting rights in respect of the specified units, and the voting power which the specified person controls, or which the specified person and the specified person’s associates together control, in the designated business trust, are not exercisable unless the Authority expressly permits such rights or power to be exercised; (ii) no units in the designated business trust are to be issued or offered (whether by way of rights, bonus or otherwise) in respect of the specified units, unless the Authority expressly permits such issue or offer; and (iii) except in a winding up of the designated business trust, no amount is to be paid (whether by way of profits, income or otherwise) in respect of the specified units, unless the Authority expressly authorises such payment; or ( c ) where any direction is issued under subsection (2)( c ), unless the direction is suspended or revoked — (i) the voting rights in respect of the specified equity interests, and the voting power which the specified person controls, or which the specified person and the specified person’s associates together control, in the designated trust, are not exercisable unless the Authority expressly permits such rights or power to be exercised; (ii) no equity interests in the designated trust are to be issued or offered (whether by way of rights, bonus or otherwise) in respect of the specified equity interests, unless the Authority expressly permits such issue or offer; and (iii) except in a winding up of the designated trust, no amount is to be paid (whether by way of profits, income or otherwise) in respect of the specified equity interests, unless the Authority expressly authorises such payment. [19/2011; 30/2016] (9) Subject to subsection (10), any person who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $125,000 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 $12,500 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 $250,000 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. [19/2011; 30/2016] (10) Subsection (9) does not apply to a telecommunication licensee that is — ( a ) a designated telecommunication licensee mentioned in subsection (2)( a ); ( b ) a trustee‑manager of the designated business trust mentioned in subsection (2)( b ); or ( c ) a trustee of the designated trust mentioned in subsection (2)( c ). [32D [30/2016]


document_id: ta-1999
provision_ref: s41
chapter: PART 5A - CONTROL OF DESIGNATED TELECOMMUNICATION
section: 41
title:
Power to issue directions to enforce conditions imposed by Authority when approving application under section 38(5), (6) or (7)

content:
41. —(1) Without affecting section 31, the Authority may issue a direction under subsection (2) if — ( a ) a person (called in this section the specified person) — (i) is a 12% controller or 30% controller of a designated telecommunication licensee, designated business trust or designated trust; (ii) owns any business (of a designated telecommunication licensee, designated business trust or designated trust) that is conducted under a telecommunication licence granted under section 5, or any part of any such business, as a going concern; or (iii) has effective control over a designated telecommunication licensee, designated business trust or designated trust; ( b ) the Authority, in granting its written approval to the specified person under section 38(5), (6) or (7) in respect of any designated telecommunication licensee, designated business trust or designated trust, imposes a condition that the specified person must transfer or dispose of all or any part of — (i) the shares which the specified person holds, or which the specified person and the specified person’s associates together hold, in the designated telecommunication licensee (called in this section the specified shares); (ii) the units which the specified person holds, or which the specified person and the specified person’s associates together hold, in the designated business trust (called in this section the specified units); or (iii) the equity interests which the specified person holds, or which the specified person and the specified person’s associates together hold, in the designated trust (called in this section the specified equity interests); and ( c ) the Authority is satisfied that the condition has not been complied with. [30/2016] (2) The Authority may, in the circumstances specified in subsection (1), issue all or any of the following directions: ( a ) direct the specified person, or any associate of the specified person, to transfer or dispose of all or any part of the specified shares, specified units or specified equity interests (as the case may be) within such time and subject to such conditions as the Authority specifies; ( b ) direct the specified person to transfer or dispose of all or any part of the business that is conducted under a telecommunication licence granted under section 5, and that is acquired from the designated telecommunication licensee, designated business trust or designated trust as a going concern, within such time and subject to such conditions as the Authority specifies; ( c ) direct the specified person to relinquish effective control over the designated telecommunication licensee, designated business trust or designated trust, within such time and subject to such conditions as the Authority specifies; ( d ) direct — (i) the specified person, or any associate of the specified person, to procure the issue of such number of shares, units or equity interests in the designated telecommunication licensee, designated business trust or designated trust (as the case may be) as the Authority may determine, within such time and subject to such conditions as the Authority specifies; (ii) the designated telecommunication licensee, the trustee‑manager of the designated business trust, or the trustee of the designated trust, to procure the issue of such number of shares, units or equity interests in the designated telecommunication licensee, designated business trust or designated trust (as the case may be) as the Authority may determine, within such time and subject to such conditions as the Authority specifies; and (iii) the specified person, or any associate of the specified person, to transfer or dispose of all or any part of the specified shares, specified units or specified equity interests, in the designated telecommunication licensee, designated business trust or designated trust (as the case may be) within such time and subject to such conditions as the Authority specifies. [30/2016] (3) Before issuing a direction to any person under subsection (2), the Authority must, unless the Authority decides that it is not practicable or desirable to do so, cause to be given to that person written notice of the Authority’s intention to issue the direction, specifying a date by which that person may make written representations with regard to the proposed direction. [30/2016] (4) Upon receipt of any written representation under subsection (3), the Authority must consider the representation for the purpose of determining whether to issue the direction. [30/2016] (5) Any person to whom a direction is issued under subsection (2) must comply with the direction. [30/2016] (6) The Authority may at any time vary, suspend or revoke any direction issued under this section. [30/2016] (7) Any direction issued to a person under subsection (2) has effect, despite — ( a ) the Business Trusts Act 2004, the Companies Act 1967, the Limited Liability Partnerships Act 2005, the Trustees Act 1967 and the VCC Act; [S 26/2022 wef 13/01/2022] ( b ) anything in any listing rules as defined in section 2(1) of the Securities and Futures Act 2001; and ( c ) the provisions of the memorandum or articles of association, trust deed or other constitution of the specified person, designated telecommunication licensee, designated business trust or designated trust. [30/2016] (8) Subject to subsection (9), any person that contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $125,000 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 $12,500 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 $250,000 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. [30/2016] (9) Subsection (8) does not apply to a telecommunication licensee that is — ( a ) a designated telecommunication licensee mentioned in subsection (2)( d )(ii); ( b ) a trustee‑manager of the designated business trust mentioned in subsection (2)( d )(ii); or ( c ) a trustee of the designated trust mentioned in subsection (2)( d )(ii). [32DA [30/2016]


document_id: ta-1999
provision_ref: s42
chapter: PART 5A - CONTROL OF DESIGNATED TELECOMMUNICATION
section: 42
title:
Power of Authority to obtain information relating to control of designated telecommunication licensees, designated business trusts and designated trusts

content:
42. —(1) Without affecting sections 31 and 78, the Authority may, by written notice — ( a ) direct any designated telecommunication licensee to obtain from any shareholder of the designated telecommunication licensee, and to transmit to the Authority within such time as may be specified in the notice, the following information: (i) whether that shareholder holds any voting share in the designated telecommunication licensee as a trustee; and (ii) if so — (A) the name of the person for whom that shareholder holds the voting share as a trustee, or such other particulars as are sufficient to enable the identification of that person; and (B) the nature of that person’s interest; ( b ) direct the trustee-manager of any designated business trust to obtain from any unitholder of the designated business trust, and to transmit to the Authority within such time as may be specified in the notice, the following information: (i) whether that unitholder holds any unit in the designated business trust as a trustee; and (ii) if so — (A) the name of the person for whom that unitholder holds the unit as a trustee, or such other particulars as are sufficient to enable the identification of that person; and (B) the nature of that person’s interest; and ( c ) direct the trustee of any designated trust to obtain from any holder of equity interests in the designated trust, and to transmit to the Authority within such time as may be specified in the notice, the following information: (i) whether that holder holds any equity interest in the designated trust as a trustee; and (ii) if so — (A) the name of the person for whom that holder holds the equity interest as a trustee, or such other particulars as are sufficient to enable the identification of that person; and (B) the nature of that person’s interest. [19/2011] (2) The Authority may, by written notice — ( a ) direct any shareholder of a designated telecommunication licensee to provide to the Authority, within such time as may be specified in the notice, the following information: (i) whether that shareholder holds any voting share in the designated telecommunication licensee as a trustee; and (ii) if so — (A) the name of the person for whom that shareholder holds the voting share as a trustee, or such other particulars as are sufficient to enable the identification of that person; and (B) the nature of that person’s interest; ( b ) direct any unitholder of a designated business trust to provide to the Authority, within such time as may be specified in the notice, the following information: (i) whether that unitholder holds any unit in the designated business trust as a trustee; and (ii) if so — (A) the name of the person for whom that unitholder holds the unit as a trustee, or such other particulars as are sufficient to enable the identification of that person; and (B) the nature of that person’s interest; and ( c ) direct any holder of equity interests in a designated trust to provide to the Authority, within such time as may be specified in the notice, the following information: (i) whether that holder holds any equity interest in the designated trust as a trustee; and (ii) if so — (A) the name of the person for whom that holder holds the equity interest as a trustee, or such other particulars as are sufficient to enable the identification of that person; and (B) the nature of that person’s interest. [19/2011] (3) Any person who — ( a ) fails to comply with a notice under subsection (1) or (2); or ( b ) in purported compliance with a notice under subsection (1) or (2), knowingly or recklessly makes a statement which is false in a material particular, shall be guilty of an offence and shall be liable on conviction — ( c ) in the case of an individual, to a fine not exceeding $125,000 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 $12,500 for every day or part of a day during which the offence continues after conviction; or ( d ) in any other case, to a fine not exceeding $250,000 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. [32E [19/2011]


document_id: ta-1999
provision_ref: s43
chapter: PART 5A - CONTROL OF DESIGNATED TELECOMMUNICATION
section: 43
title: Appointment of chief executive officer, director, etc., of designated telecommunication licensee
content:
43. —(1) A designated telecommunication licensee must not appoint a person as its chief executive officer, its director or the chairperson of its board of directors, unless it has obtained the approval of the Authority to do so. [19/2011] (2) The Authority may — ( a ) grant its approval, without or with conditions, such conditions limited to either or both of the following: (i) specifying the period of appointment for which the approval is granted, including any requirement for the designated telecommunication licensee to seek approval for re‑appointment; (ii) specifying the actions to be taken by the designated telecommunication licensee or the person appointed; and ( b ) at any time add to, vary or revoke any condition of the approval under paragraph ( a ), subject to the limitation in that paragraph. [30/2016] (3) Where a designated telecommunication licensee appoints a person as its chief executive officer, its director or the chairperson of its board of directors without the approval of the Authority, in contravention of subsection (1), or the designated telecommunication licensee or the person appointed is in contravention of any of the conditions imposed under subsection (2), the Authority may issue a direction to the licensee to remove that person from his or her appointment as chief executive officer, director or chairperson of the board of directors (as the case may be) of the licensee. [19/2011; 30/2016] (4) The Authority may at any time vary, suspend or revoke any direction issued under subsection (3). [19/2011] (5) This section has effect despite the provisions of any other written law and the provisions of the memorandum or articles of association, or other constitution, of the designated telecommunication licensee. [19/2011] (6) In this section — “chief executive officer”, in relation to a designated telecommunication licensee — ( a ) means any person, by whatever name described, who — (i) is in the direct employment of, or acting for or by arrangement with, the designated telecommunication licensee; and (ii) is principally responsible for the management and conduct of any type of business of the designated telecommunication licensee in Singapore; and ( b ) includes any person for the time being performing all or any of the functions or duties of a chief executive officer; “director” has the meaning given by section 4(1) of the Companies Act 1967. [32F [19/2011]


document_id: ta-1999
provision_ref: s44
chapter: PART 5B - SPECIAL ADMINISTRATION ORDER
section: 44
title: Interpretation of this Part
content:
44. In this Part — “critical support infrastructure” means any infrastructure that belongs to, or is under the control of, a telecommunication licensee, and that satisfies all of the following criteria: ( a ) the infrastructure is required by other telecommunication licensees to provide a telecommunication service; ( b ) the infrastructure cannot be replicated within the foreseeable future, or obtained from a third party, by an efficient new entrant to the market for telecommunication services in Singapore, in either case, at a cost that would reasonably allow market entry; ( c ) the failure or refusal by the firstmentioned telecommunication licensee to allow other telecommunication licensees to use the infrastructure would unreasonably restrict competition in any market for telecommunication services in Singapore; “prescribed transferee” means — ( a ) the Authority; or ( b ) a person nominated by the Authority; “specified telecommunication licensee” means a telecommunication licensee which the Minister has declared under section 45 to be a specified telecommunication licensee for the purposes of this Part. [32G [19/2011]


document_id: ta-1999
provision_ref: s45
chapter: PART 5B - SPECIAL ADMINISTRATION ORDER
section: 45
title: Declaration of specified telecommunication licensee
content:
45. —(1) The Minister may, after consulting with the Authority, by notification in the Gazette , declare any telecommunication licensee to be a specified telecommunication licensee for the purposes of this Part, if — ( a ) the licensee — (i) is a public telecommunication licensee; or (ii) owns or controls any critical support infrastructure; or ( b ) the Minister is satisfied that it is in the public interest to do so. [19/2011] (2) A declaration of a specified telecommunication licensee under subsection (1)( a )(i) remains in force only so long as the licensee remains a public telecommunication licensee. [19/2011] (3) A declaration of a specified telecommunication licensee under subsection (1)( a )(ii) remains in force only so long as the licensee continues to own or control any critical support infrastructure. [19/2011] (4) The Minister may, after consulting with the Authority, by notification in the Gazette , revoke any declaration under subsection (1). [32H [19/2011]


document_id: ta-1999
provision_ref: s46
chapter: PART 5B - SPECIAL ADMINISTRATION ORDER
section: 46
title: Meaning and effect of special administration order
content:
46. —(1) A special administration order is an order of the Minister, made in accordance with section 47 in relation to a specified telecommunication licensee, directing that during the period for which the order is in force, the affairs, business and property of that licensee must be managed by a person appointed by the Minister (which may include 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 the creditors of the licensee. [19/2011] (2) The purposes mentioned in subsection (1)( a ) are — ( a ) the security and reliability of the supply of telecommunication services in Singapore; ( b ) the survival of the specified telecommunication licensee, or the whole or any part of its business or undertaking, as a going concern; ( c ) the transfer to another person, or (as respects different parts of its business or undertaking) to 2 or more different persons, as a going concern, of so much of the specified telecommunication licensee’s business or undertaking as it is necessary to transfer in order to ensure that the functions and duties which have been vested in the licensee by virtue of its licence may be properly carried out; and ( d ) the carrying out of the functions and duties vested in the specified telecommunication licensee, pending the making of the transfer and the vesting of those functions and duties in any other person or persons. [19/2011] (3) The Minister may make regulations for giving effect to this Part, including — ( a ) regulations governing the transfer of a specified telecommunication licensee’s business or undertaking mentioned in subsection (2)( c ); and ( b ) where a special administration order is made, regulations for applying, omitting or modifying the provisions of Parts 7 and 9 of the Insolvency, Restructuring and Dissolution Act 2018. [32I [19/2011; 40/2018] [Act 31 of 2022 wef 01/11/2022]


document_id: ta-1999
provision_ref: s47
chapter: PART 5B - SPECIAL ADMINISTRATION ORDER
section: 47
title: Power to make special administration order, etc.
content:
47. —(1) If, on an application made to the Minister by the Authority in relation to any specified telecommunication licensee, the Minister is satisfied that any one or more of the grounds specified in subsection (2) are satisfied in relation to that licensee, the Minister may make any one or more of the following orders: ( a ) a special administration order in relation to that licensee; ( b ) an order requiring the licensee immediately to take any action or to do or not to do any act or thing in relation to its business as the Minister may consider necessary; ( c ) an order appointing a person to advise that licensee in the proper conduct of its business. [19/2011] (2) The grounds mentioned in subsection (1) are that — ( a ) there has been, is or is likely to be a contravention by the specified telecommunication licensee of the conditions of its licence or of this Act which is serious enough to make it inappropriate for the licensee to continue to hold the licence; ( b ) the specified telecommunication licensee is or is likely to be unable to pay its debts; ( c ) the Minister considers it in the interest of the security and reliability of the supply of telecommunication services in Singapore; and ( d ) the Minister considers it to be in the public interest. [19/2011] (3) The Minister may make a special administration order in relation to a specified telecommunication licensee despite the commencement of — ( a ) 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 the specified telecommunication licensee; ( b ) any proceedings relating to the making of a judicial management order under the Insolvency, Restructuring and Dissolution Act 2018 in relation to the specified telecommunication licensee; ( c ) any meeting convened under section 94(7) of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the specified telecommunication licensee; or ( d ) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of the specified telecommunication licensee. [19/2011; 15/2017; 40/2018] (4) 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. [19/2011] (5) Any decision of the Minister under subsection (1) is final. [19/2011] (6) For the purposes of this section, a specified telecommunication licensee, being a company, is unable to pay its debts if it is deemed to be unable to pay its debts under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018. [19/2011; 40/2018] (7) The Minister may at any time (whether or not the appointment of the person has terminated) fix the remuneration and expenses to be paid by a specified telecommunication licensee to any person appointed by the Minister under subsection (1)( c ) to advise the licensee in the proper conduct of its business. [19/2011] (8) Where the Minister issues an order to a specified telecommunication licensee under subsection (1) and the licensee fails to comply with that order, the licensee shall be guilty of an offence. [32J [19/2011]


document_id: ta-1999
provision_ref: s48
chapter: PART 5B - SPECIAL ADMINISTRATION ORDER
section: 48
title: Transfer of property, etc., under special administration order
content:
48. —(1) Without limiting sections 46 and 47, a special administration order may provide for the following matters: ( a ) the transfer of the property, rights and liabilities of a specified telecommunication licensee to one or more prescribed transferees; ( b ) matters that are consequential or related to any such transfer. [19/2011] (2) If the Minister makes a special administration order providing for any matter mentioned in subsection (1), the Minister must, within 6 months after the making of the order, by notification in the Gazette , establish a scheme for determining the amount of any compensation payable to the specified telecommunication licensee for the transfer of its property, rights and liabilities. [19/2011] (3) A scheme established under subsection (2) may provide for — ( a ) the manner in which any compensation or consideration is to be assessed, including methods of calculation, valuation dates and matters to be taken into account or disregarded when making valuations; ( b ) the assessment to be made by an independent valuer appointed by the Minister; and ( c ) the remuneration and expenses of the independent valuer. [32K [19/2011]


document_id: ta-1999
provision_ref: s49
chapter: PART 5B - SPECIAL ADMINISTRATION ORDER
section: 49
title: Restrictions on voluntary winding up, etc.
content:
49. —(1) Despite any other written law — ( a ) a specified telecommunication licensee must not be wound up voluntarily without the consent of the Authority; ( b ) a person must not make any application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a specified telecommunication licensee, unless that person has served 14 days’ notice in writing of the person’s intention to make that application on the Authority; ( c ) a person must not make any application for a judicial management order under the Insolvency, Restructuring and Dissolution Act 2018 in relation to a specified telecommunication licensee, unless that person has served 14 days’ notice in writing of the person’s intention to make that application on the Authority; ( d ) a specified telecommunication licensee must not appoint an interim judicial manager under section 94(3) of the Insolvency, Restructuring and Dissolution Act 2018, unless that licensee has served 14 days’ notice in writing of that licensee’s intention to make the appointment on the Authority; ( e ) a person must not take any step to enforce any security over a specified telecommunication licensee’s property, unless that person has served 14 days’ notice in writing of the person’s intention to take that step on the Authority; and ( f ) a person must not take any step to enforce any judgment or order of court obtained against a specified telecommunication licensee, unless that person has served 14 days’ notice in writing of the person’s intention to take that step on the Authority. [19/2011; 15/2017; 40/2018] [Act 25 of 2021 wef 01/04/2022] (2) The Authority is a party to — ( a ) 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 specified telecommunication licensee; ( b ) any proceedings relating to the making of a judicial management order under the Insolvency, Restructuring and Dissolution Act 2018 in relation to a specified telecommunication licensee; ( c ) any meeting convened under section 94(7) of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a specified telecommunication licensee; and ( d ) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of a specified telecommunication licensee. [19/2011; 15/2017; 40/2018] (3) A court must, when deciding any proceedings mentioned in subsection (2), take into consideration any representations made by the Authority in those proceedings. [32L [19/2011]


document_id: ta-1999
provision_ref: s50
chapter: PART 5C - ALTERNATIVE DISPUTE RESOLUTION SCHEME
section: 50
title: Interpretation of this Part
content:
50. In this Part, unless the context otherwise requires — “declared telecommunication licensee” means a telecommunication licensee — ( a ) that is declared by the Authority to be a telecommunication licensee subject to this Part; or ( b ) that is within a class of telecommunication licensees declared by the Authority to be a class of telecommunication licensees subject to this Part, and the declaration must be notified in the Gazette ; “dispute resolution scheme” means a dispute resolution scheme established or approved by the Authority under section 51(1); “subscriber” means an end user that subscribes to a telecommunication service from a telecommunication licensee. [32M [30/2016]


document_id: ta-1999
provision_ref: s51
chapter: PART 5C - ALTERNATIVE DISPUTE RESOLUTION SCHEME
section: 51
title: Power of Authority in relation to dispute resolution scheme
content:
51. —(1) The Authority may establish or approve one or more dispute resolution schemes for the resolution of disputes between subscribers and declared telecommunication licensees, arising from or relating to the provision of telecommunication services by the declared telecommunication licensees to the subscribers. [30/2016] (2) Every declared telecommunication licensee must participate in a dispute resolution scheme and must comply with such terms and conditions of participation in the scheme as may be prescribed. [30/2016] (3) To avoid doubt, this Part does not affect the operation of the Consumer Protection (Fair Trading) Act 2003. [32N [30/2016]


document_id: ta-1999
provision_ref: s52
chapter: PART 5C - ALTERNATIVE DISPUTE RESOLUTION SCHEME
section: 52
title: Operator of dispute resolution scheme
content:
52. The Authority may, with the approval of the Minister, make regulations under section 97 to provide for matters relating to the operations of an operator of a dispute resolution scheme, including — ( a ) the standards or requirements of the services provided under the dispute resolution scheme; ( b ) the fees that the operator may charge for the services provided under the dispute resolution scheme; ( c ) the records that the operator must keep and the period of retention of such records; ( d ) the reports that the operator must submit to the Authority, and the manner and time for such submission; ( e ) matters relating to the administration of the dispute resolution scheme; and ( f ) generally to give effect to or for carrying out the purposes of this Part. [32O [30/2016]


document_id: ta-1999
provision_ref: s53
chapter: PART 6 - OFFENCES AND PENALTIES
section: 53
title: Unlawful operation of telecommunication system or service
content:
53. —(1) Subject to this section and section 4, any person who establishes, installs, maintains, provides or operates a telecommunication system or service within Singapore without a licence granted under section 5, or during the suspension of the person’s licence under section 10 or otherwise infringes the privilege conferred upon the Authority by section 3 shall be guilty of an offence. [30/2016] (2) Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $100,000 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 $10,000 for every day or part of a day during which the offence continues after conviction. (3) In the case of an offence in relation to a telecommunication system or service not extending beyond Singapore, the person or every person operating the system or service (or, if different people run different parts of the system or service, each of them) shall be guilty of an offence and shall be similarly liable. (4) In the case of an offence in relation to a telecommunication system or service extending beyond Singapore, the person or every person operating that portion of such system or service within Singapore (or, if different people operate different parts of the system or service, each of them) shall be guilty of an offence and shall be similarly liable. (5) Where the commission by any person of an offence under this section is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the firstmentioned person. (6) In any proceedings for an offence under this section, it is, subject to subsection (7), a defence for the person charged to prove that the person took all reasonable steps and exercised all due diligence to avoid committing the offence. (7) Where the defence provided by subsection (6) involves an allegation that the commission of the offence was due to the act or default of another person, the person charged is not, without permission of the court, entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, the person charged has served on the prosecutor a written notice giving such information identifying or assisting in the identification of that other person as was then in the possession of the person charged. [33 [Act 25 of 2021 wef 01/04/2022]


document_id: ta-1999
provision_ref: s54
chapter: PART 6 - OFFENCES AND PENALTIES
section: 54
title: Prohibitions in respect of telecommunication and radio‑communication equipment
content:
54. —(1) A person must not — ( a ) offer for sale, sell or possess for sale any telecommunication equipment; or ( b ) possess any radio-communication equipment, except and in accordance with a licence granted under section 5 or any regulations made under this Act. (2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence. [34


document_id: ta-1999
provision_ref: s55
chapter: PART 6 - OFFENCES AND PENALTIES
section: 55
title: Penalty for unlicensed station
content:
55. —(1) Any person who establishes, installs, maintains, provides or operates a radio‑communication system or service or any radio‑communication equipment in any place or on board any vessel, aircraft or in any vehicle in Singapore without a licence granted under section 5 or any regulations made under this Act shall be guilty of an offence. (2) Any person who is in possession of any radio‑communication equipment is deemed, until the contrary is proved, to have operated the same. (3) The occupier of any dwelling house or premises in which is installed any radio‑communication equipment in respect of which a licence is not in force shall be guilty of an offence. (4) It is a defence in any proceedings for an offence under subsection (3) that the occupier was not aware and could not with reasonable diligence have become aware of the existence in the dwelling-house or premises of the radio‑communication equipment. [35


document_id: ta-1999
provision_ref: s56
chapter: PART 6 - OFFENCES AND PENALTIES
section: 56
title: Exemption from sections 53, 54 and 55
content:
56. Subject to such conditions as the Authority may impose, sections 53, 54 and 55 do not apply to any person who has been issued with a licence for the installation or working of any telecommunication equipment under the provisions of any written law in force in any country which is a party to a treaty or any other arrangement to which Singapore is a party pursuant to which licences issued under the written laws in force in each country for the installation or working of any telecommunication equipment are recognised as having force in the other country. [36


document_id: ta-1999
provision_ref: s57
chapter: PART 6 - OFFENCES AND PENALTIES
section: 57
title: Powers of search and seizure
content:
57. —(1) Any police officer not below the rank of sergeant or any employee authorised by the Authority may, if he or she has reasonable grounds for believing that a telecommunication system or service has been established, installed, maintained, operated or provided in contravention of this Act or any regulations made under this Act or in breach of any licence granted by the Authority or that any telecommunication equipment used is of a type that is not approved by the Authority under section 11 or that the telecommunication equipment is imported in contravention of any of the provisions of this Act or any regulations made under this Act — ( a ) in the case of any telecommunication equipment or any telecommunication system or service, other than any radio‑communication system or service, enter and inspect any place in which the telecommunication equipment is located or the telecommunication system or service is established, installed, maintained, operated or provided, and may seize any telecommunication system or equipment found therein which appears to be used for or in connection with telecommunications; and ( b ) in the case of any radio‑communication system or service, enter any place in Singapore or stop or board any vessel, aircraft or vehicle and inspect any place therein and may seize any radio‑communication system or equipment found therein which appears to be used or is capable of being used for or in connection with radio‑communications. (2) Where any police officer not below the rank of sergeant or any employee authorised by the Authority has reasonable grounds for believing that an offence has been or is being committed under section 53, 54, 55, 59 or 64, he or she may seize any telecommunication system or equipment or any radio‑communication system or equipment, or any other thing used in the commission of the offence. (3) If there is no prosecution with regard to any equipment or system seized under this section, the equipment or system is to be taken and deemed to be forfeited to the Authority unless a claim is made within 2 months after the date of seizure. (4) Any person asserting that the person is the owner of the equipment or system may personally or by the person’s authorised agent give written notice to the Authority that the person claims the same. (5) On receipt of the notice, the Authority may direct that the equipment or system be released or may refer the matter to a Magistrate’s Court or a District Court. (6) The Magistrate’s Court or the District Court may proceed to the examination of the matter and upon examination shall order that the equipment or system be forfeited or released. [37


document_id: ta-1999
provision_ref: s58
chapter: PART 6 - OFFENCES AND PENALTIES
section: 58
title: Sealing of telecommunication system or equipment, etc.
content:
58. —(1) Where it appears to any police officer not below the rank of sergeant or any employee authorised by the Authority that it is not practicable to remove from where it is found any telecommunication system or equipment or any radio‑communication system or equipment seized by him or her under section 57 by reason of its nature, size or amount, he or she may by any means seal the telecommunication system or equipment or the radio‑communication system or equipment. (2) Any person who, without lawful authority, breaks, tampers with or damages any seal referred to in subsection (1), or removes any telecommunication system or equipment or any radio‑communication system or equipment which has been sealed under that subsection, or attempts to do so, shall be guilty of an offence. [38


document_id: ta-1999
provision_ref: s59
chapter: PART 6 - OFFENCES AND PENALTIES
section: 59
title: Using unlawful telecommunication system or service
content:
59. Any person who knowing or having reason to believe that a telecommunication system or service has been established, installed, maintained, operated or provided in contravention of this Act, whether or not such system or service is connected to or provided through a public telecommunication licensee’s installation or plant, uses the system or service for communication or for performing any service incidental thereto or delivers any message for transmission by the system or service or accepts delivery of any message sent shall be guilty of an offence. [39


document_id: ta-1999
provision_ref: s60
chapter: PART 6 - OFFENCES AND PENALTIES
section: 60
title: Obstruction of public telecommunication licensees
content:
60. —(1) Any person who — ( a ) while in any premises used for the purposes of the business of a public telecommunication licensee, intentionally obstructs the course of business of the licensee concerned; or ( b ) assaults or intentionally obstructs or incites anyone to obstruct or impede an officer or employee of a public telecommunication licensee in the performance of his or her duties, shall be guilty of an offence. (2) A public telecommunication licensee may require any person guilty of an offence under subsection (1) to leave the premises used for the purposes of its business and, if any such offender who is so required refuses or fails to comply with the requirement, he or she may be removed by an employee of the licensee. [40


document_id: ta-1999
provision_ref: s61
chapter: PART 6 - OFFENCES AND PENALTIES
section: 61
title: Intentional damage to installation or plant used for telecommunications
content:
61. Any person who intending — ( a ) to prevent or obstruct the transmission or delivery of any message; ( b ) to intercept or to acquaint himself or herself with the contents of any message; or ( c ) to commit mischief, damages, removes, tampers with or touches any installation or plant (or any part of it) used for telecommunications belonging to a public telecommunication licensee or interferes with the radio‑communication service or system of a public telecommunication licensee shall be guilty of an offence. [41 [10/2005]


document_id: ta-1999
provision_ref: s62
chapter: PART 6 - OFFENCES AND PENALTIES
section: 62
title: Offences by officer, employee or agent of public telecommunication licensees
content:
62. —(1) Any officer, employee or agent of a public telecommunication licensee who — ( a ) wilfully divulges, makes away with or alters any message or record of any message; or ( b ) except in obedience to an order under the hand of the Minister or the direction of a court, wilfully omits to transmit or intercepts or acquaints himself or herself with or detains any message (or part of it) or deliberately causes a call or connection to be disconnected or not to be connected, shall be guilty of an offence. [10/2005] (2) Subsection (1)( b ) does not apply to — ( a ) any act or thing done by an officer, employee or agent of a public telecommunication licensee for or in connection with the installation of a telecommunication line, equipment or the operation or maintenance of a telecommunication system; or ( b ) the tracing of the origin of any telephone call at the request of the subscriber of a telecommunication service. [42


document_id: ta-1999
provision_ref: s63
chapter: PART 6 - OFFENCES AND PENALTIES
section: 63
title: Fraudulent use of telecommunication service
content:
63. Any person who dishonestly uses or permits another person to use any telecommunication service provided by a telecommunication licensee with intent to avoid payment of any charge applicable to the provision of that service shall be guilty of an offence. [43 [10/2005]


document_id: ta-1999
provision_ref: s64
chapter: PART 6 - OFFENCES AND PENALTIES
section: 64
title:
Possession or supply of any thing for fraudulent purpose in connection with use of telecommunication service

content:
64. —(1) Subsection (2) applies if a person has in the custody or under the control of the person any thing which may be used for the purpose of obtaining, or for a purpose connected with the obtaining of, a service to which section 63 applies. (2) If the person intends — ( a ) to use the thing mentioned in subsection (1) — (i) to obtain such a service dishonestly; or (ii) for a purpose connected with the dishonest obtaining of such a service; ( b ) dishonestly to allow the thing to be used to obtain such a service; or ( c ) to allow the thing to be used for a purpose connected with the dishonest obtaining of such a service, the person shall be guilty of an offence. (3) Subsection (4) applies if a person supplies or offers to supply any thing which may be used for the purpose of obtaining, or for a purpose connected with the obtaining of, a service to which section 63 applies. (4) If the person (called in this subsection the supplier) supplying or offering to supply the thing mentioned in subsection (3) knows or believes that the person to whom it is supplied or offered intends or intends if it is supplied to the person — ( a ) to use the thing — (i) to obtain such a service dishonestly; or (ii) for a purpose connected with the dishonest obtaining of such a service; ( b ) dishonestly to allow the thing to be used for a purpose connected with the dishonest obtaining of such a service; or ( c ) to allow the thing to be used for a purpose connected with the dishonest obtaining of such a service, the supplier shall be guilty of an offence. (5) A person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both. [44


document_id: ta-1999
provision_ref: s65
chapter: PART 6 - OFFENCES AND PENALTIES
section: 65
title: Fraudulent retention of messages
content:
65. Any person who — ( a ) fraudulently retains or wilfully divulges, makes away with or detains a message or record of a message which ought to have been delivered to some other person; or ( b ) being required by a public telecommunication licensee to deliver up any such message or record of such message neglects or refuses to do so, shall be guilty of an offence. [46 [10/2005]


document_id: ta-1999
provision_ref: s66
chapter: PART 6 - OFFENCES AND PENALTIES
section: 66
title: Protection of installation or plant used for telecommunications
content:
66. —(1) A person must not, without the written approval of the Authority — ( a ) lay or carry any mains, pipes, conduits, circuits or wires in, along, through, across, over or under any street or place in a manner which is likely to interfere with or cause damage to any installation or plant used for telecommunications; or ( b ) affix any placard, advertisement, notice or other thing in or on, or paint, tar or in any way disfigure any installation or plant used for telecommunications. (2) Any approval under subsection (1) may be refused by the Authority or granted by the Authority on such terms and conditions as it may determine. (3) Where the commission by any person of an offence under subsection (1) is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the firstmentioned person. (4) In any proceedings for an offence under subsection (1), it is, subject to subsection (5), a defence for the person charged to prove that the person took all reasonable steps and exercised all due diligence to avoid committing the offence. (5) Where the defence provided by subsection (4) involves an allegation that the commission of the offence was due to the act or default of another person, the person charged is not, without permission of the court, entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, the person charged has served on the prosecutor a written notice giving such information identifying or assisting in the identification of that other person as was then in the possession of the person charged. [Act 25 of 2021 wef 01/04/2022] (6) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall, in addition to the forfeiture of any equipment seized, be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [47


document_id: ta-1999
provision_ref: s67
chapter: PART 6 - OFFENCES AND PENALTIES
section: 67
title: Prohibition of false notice relating to public telecommunication licensees’ installation or plant
content:
67. Any person who, without the permission of a public telecommunication licensee, places or maintains in or on any house or place, belonging to or under the control of the person, any word, letter or mark which signifies or implies or may reasonably lead the public to believe that the house or place is part of a public telecommunication licensee’s installation or plant shall be guilty of an offence. [48


document_id: ta-1999
provision_ref: s68
chapter: PART 6 - OFFENCES AND PENALTIES
section: 68
title: Damage to telecommunication system licensees’ installation or plant
content:
68. —(1) Any person who wilfully removes, destroys or damages any installation or plant used for telecommunications 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 3 years or to both. (2) Despite subsection (1), any person who, in the course of carrying out any earthworks, damages or suffers to be damaged any cable of a telecommunication system belonging to or under the management or control of a telecommunication system licensee 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. (3) Where an offence under subsection (2) is committed by any person (called in this subsection the firstmentioned person) acting as the agent or employee of another person (called in this subsection the principal person), or being otherwise subject to the supervision or instructions of another person (also called in this subsection the principal person) for the purposes of any employment in the course of which the offence was committed, the principal person shall, without prejudice to the liability of the firstmentioned person, be liable under that subsection in the same manner and to the same extent as if the principal person had personally committed the offence unless the principal person proves to the satisfaction of the court that the offence was committed without the principal person’s consent or connivance or that it was not attributable to any neglect on the principal person’s part. (4) In any proceedings for an offence under subsection (2), 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. (5) If in any proceedings for an offence under subsection (2) the defence involves acting on information supplied by a telecommunication system licensee or a licensed telecommunication cable detection worker, the person charged is not, without permission of the court, entitled to rely on that defence unless, within a period of 14 clear days before the hearing, the person has served on the prosecutor a written notice giving such information as was then in the person’s possession identifying or assisting in the identification of the telecommunication system licensee or telecommunication cable detection worker. [49 [Act 25 of 2021 wef 01/04/2022]


document_id: ta-1999
provision_ref: s69
chapter: PART 6 - OFFENCES AND PENALTIES
section: 69
title: Compensation for damage caused to public telecommunication licensees’ installation or plant
content:
69. —(1) Any person who removes, destroys or damages, whether wilfully, negligently, accidentally or otherwise, the installation or plant used for telecommunications is, in addition to any penalty for which the person is liable for an offence under this Act, liable to pay compensation for the damage the person has done and the compensation is recoverable by civil action or suit before any court of competent jurisdiction. (2) Subject to subsection (1), any court before which a person is charged with an offence under this Act may assess the compensation payable under this section and may make an order for the payment of the same. (3) Any order under subsection (2) may be enforced as if it were a judgment in a civil action or suit. [50


document_id: ta-1999
provision_ref: s70
chapter: PART 6 - OFFENCES AND PENALTIES
section: 70
title: Penalty for removing any mark denoting used device for telephony purposes
content:
70. —(1) Any person who, with fraudulent intent, erases or removes from any device, any mark put or impressed upon the device denoting that the same has been used, or sells or uses any such device shall be guilty of an offence. [10/2005] (2) In this section, “device” means any device provided for use by a public telecommunication licensee for accessing any telecommunication equipment of the licensee to enable the telecommunication service of the licensee to be used. [51


document_id: ta-1999
provision_ref: s71
chapter: PART 6 - OFFENCES AND PENALTIES
section: 71
title: Failure to disconnect equipment not approved under section 11
content:
71. Where — ( a ) any person has under the person’s control a telecommunication system or equipment connected to the telecommunication system or equipment of a telecommunication system licensee which is of a type not approved by the Authority under section 11; ( b ) the Authority has given to the person a written notice stating that — (i) the telecommunication system or equipment under the person’s control is of a type that has not been approved by the Authority under section 11; and (ii) the person must disconnect the telecommunication system or equipment from the telecommunication system or equipment of the telecommunication system licensee within such period as specified in the notice; and ( c ) the person has failed to comply with any written notice under paragraph ( b ), then the person shall be guilty of an offence. [52


document_id: ta-1999
provision_ref: s72
chapter: PART 7 - INTERNATIONAL OBLIGATIONS AND
section: 72
title: Right to conduct international business dealings
content:
72. For the purposes of the conduct of any international telecommunication service by a public telecommunication licensee, and subject to this Act, the licensee may enter into direct communication, arrangement and agreement with the lawfully constituted telecommunication authority of any country or with any duly authorised international agency or organisation concerned with telecommunication matters — ( a ) for the purpose of providing facilities, fixing rates, arranging terms of payment or accounting; ( b ) for operational, engineering or administrative purposes; or ( c ) for any other purpose necessary for the proper fulfilment of its functions. [53


document_id: ta-1999
provision_ref: s73
chapter: PART 7 - INTERNATIONAL OBLIGATIONS AND
section: 73
title: Government’s overriding international rights
content:
73. —(1) Nothing in section 72 is deemed to abrogate the right of the Government at any time to determine its relations with any country or with any international agency or organisation. (2) A public telecommunication licensee must so discharge its responsibilities and conduct its business as to comply with and fulfil all international agreements, conventions or undertakings relating to telecommunication to which Singapore is a party. [54


document_id: ta-1999
provision_ref: s74
chapter: PART 7 - INTERNATIONAL OBLIGATIONS AND
section: 74
title: Liability for international financial obligations
content:
74. A public telecommunication licensee is fully responsible for meeting all financial obligations arising from the operation of any international telecommunication service and must settle accounts with other telecommunication authorities. [55


document_id: ta-1999
provision_ref: s75
chapter: PART 7 - INTERNATIONAL OBLIGATIONS AND
section: 75
title: Contribution by Government
content:
75. Where the Government considers it necessary that any telecommunication service of an exceptional nature should be provided, and where a public telecommunication licensee considers it uneconomic to provide the service without contribution from the Government, the Government may make such contribution towards the capital outlay necessary to provide any such service as may be estimated by the licensee and agreed to by the Government. [56


document_id: ta-1999
provision_ref: s76
chapter: PART 7 - INTERNATIONAL OBLIGATIONS AND
section: 76
title: Provision to Government of telecommunication services, etc.
content:
76. —(1) The Minister may direct a public telecommunication licensee to undertake and provide such telecommunication services and facilities as may be necessary for aeronautical, maritime, meteorological, governmental, defence or other purposes. (2) Upon being so directed by the Minister, the public telecommunication licensee must provide the telecommunication services or facilities mentioned in subsection (1), and is entitled to fair and proper payment for that. [57


document_id: ta-1999
provision_ref: s77
chapter: PART 7 - INTERNATIONAL OBLIGATIONS AND
section: 77
title: Directions by Minister
content:
77. —(1) The Minister may, after consultation with the Authority or any telecommunication licensee, give to the Authority or licensee (as the case may be) such directions as the Minister thinks fit as to the exercise by the Authority or that licensee of its functions under this Act. [10/2005] (2) Without affecting subsection (1), if it appears to the Minister to be requisite or expedient to do so — ( a ) on the occurrence of any public emergency, in the public interest or in the interests of public security, national defence, or relations with the government of another country; or ( b ) in order — (i) to discharge or facilitate the discharge of an obligation binding on the Government by virtue of its being a member of an international organisation or a party to an international agreement; (ii) to attain or facilitate the attainment of any other object the attainment of which is in the opinion of the Minister requisite or expedient in view of the Government being a member of an international organisation or a party to an international agreement; or (iii) to enable the Government to become a member of an international organisation or a party to an international agreement, the Minister may, after consultation with the Authority or any telecommunication licensee, give such directions to the Authority or that licensee as are necessary in the circumstances of the case. [10/2005] (3) Any direction given under subsection (1) or (2) may include — ( a ) provisions for the prohibition or regulation of such use of telecommunications in all cases or of such cases as may be considered necessary; ( b ) provisions for the taking of, the control of or the usage for official purposes of, all or any such telecommunication system and equipment; and ( c ) provisions for the stopping, delaying and censoring of messages and the carrying out of any other purposes which the Minister thinks necessary. (4) Any direction given under subsection (3) does not apply to the use of any telecommunications for the purpose of making or answering signals of distress. (5) The Authority and any telecommunication licensee (as the case may be) must give effect to any direction given to it under subsection (1) or (2) despite any other duty imposed on the Authority or the licensee by or under this Act. [10/2005] (6) Any telecommunication licensee who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding the higher of the following amounts: (i) 10% of the annual turnover of that part of its business in respect of which it is granted the licence, as ascertained from its latest audited accounts; or (ii) $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. [19/2011] (7) The Authority and any telecommunication licensee must not disclose any direction given to it under subsection (1) or (2) if the Minister notifies the Authority or telecommunication licensee (as the case may be) that the Minister is of the opinion that the disclosure of the directions is against the public interest. [10/2005] (8) The Minister may — ( a ) pay compensation for any damage caused to a telecommunication licensee by reason of its compliance with the directions of the Minister under subsection (3)( b ); or ( b ) make grants to telecommunication licensees for defraying or contributing towards any losses which they may sustain by reason of their compliance with the directions of the Minister under any other provision of this section. [10/2005] (9) Any sums required by the Minister for paying compensation or making grants under subsection (8) must be paid out of the Consolidated Fund. (10) If any doubt arises as to the existence of a public emergency or as to whether any act done under this section was in the public interest or in the interests of public security, national defence or relations with the government of another country, a certificate signed by the Minister is conclusive evidence of the matters stated in the certificate. (11) This section does not authorise the Minister to give any directions when an activation order (within the meaning of the Public Order and Safety (Special Powers) Act 2018) is in force, and for any of the purposes for which a direction under section 32 of that Act is or may be given. [58 [26/2018]


document_id: ta-1999
provision_ref: s78
chapter: PART 8 - ENFORCEMENT POWERS AND PROCEDURES
section: 78
title: Power to require information, etc.
content:
78. —(1) The Authority or any officer authorised by the Authority in that behalf (called in this section the authorised officer) may, for the purposes of conducting an investigation or for discharging the Authority’s functions under this Act, by order require any person to produce to the Authority any document, or to provide the Authority with any information, which the Authority considers to be related to any matter relevant to the investigation or for discharging its functions under this Act. [10/2005] (2) The Authority or the authorised officer is entitled without payment to keep any copy or extract of any document furnished to the Authority or the authorised officer under subsection (1). [10/2005] (3) The Authority or the authorised officer has, at all reasonable times in the day, full and free access to all buildings, places, books, documents and other papers for the purpose of conducting an investigation or discharging functions of the Authority under this Act, and may, without payment, inspect, copy or make extracts from any such books, documents or papers. [10/2005] (4) The Authority may take possession of any equipment, books, documents or papers where in its opinion — ( a ) the equipment, books, documents or papers may be interfered with or destroyed unless possession is taken; or ( b ) the equipment, books, documents or papers may be required as evidence in proceedings for an offence under this Act or any regulations made under this Act. (5) The rights conferred by this section include, in relation to information recorded otherwise than in legible form, the right to require the information to be made available in legible form for inspection or for a copy or extract to be made of or from it. (6) The power under this section to require a person to produce a document includes the power — ( a ) if the document is produced, to require such person, or any person who is a present or past officer of the person or is or was at any time employed by the person, to provide an explanation of the document; or ( b ) if the document is not produced, to require such person to state, to the best of the person’s knowledge and belief, where it is. [10/2005] (7) Any person who — ( a ) fails to comply with any requirement specified in any order under subsection (1); ( b ) intentionally alters, suppresses or destroys any document or information which the person has been required by any order under subsection (1) to produce or provide; or ( c ) in furnishing any information required of the person under any order under subsection (1), makes any statement which the person knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, shall be guilty of an offence. [10/2005] (8) If a person is charged with an offence under subsection (7) in respect of a requirement to produce any document or provide any information under subsection (1), it is a defence for the person to prove that — ( a ) the document was not in the possession or under the control of the person; ( b ) it was not reasonably practicable for the person to comply with the requirement; or ( c ) the person had a reasonable excuse for failing to provide the information required. [10/2005] (9) A person is not obliged under this section to disclose any particulars as to which the person is under any statutory obligation to observe secrecy. (10) In this section and sections 81 and 83 — “document” includes any electronic record; “electronic record” has the meaning given by the Electronic Transactions Act 2010. [59 [10/2005]


document_id: ta-1999
provision_ref: s79
chapter: PART 8 - ENFORCEMENT POWERS AND PROCEDURES
section: 79
title: Power to examine, etc.
content:
79. —(1) An officer of the Authority who is authorised by the Authority for the purpose of this section (called in this section the authorised officer) may, for the purposes of investigating an offence under this Act, do all or any of the following: ( a ) require any person whom the authorised officer reasonably believes to have committed that offence to furnish evidence of that person’s identity; ( b ) require, by written notice, any person within the limits of Singapore, who appears to be acquainted with the facts or circumstances of the matter to attend before the authorised officer; ( c ) examine orally any person who appears to be acquainted with the facts or circumstances of the matter — (i) whether before or after that person or anyone else is charged with an offence in connection with the matter; or (ii) whether or not that person is to be called as a witness in any inquiry, trial or other proceeding in connection with the matter. [22/2016] (2) A person examined under subsection (1)( c ) is bound to state truly what the person knows of the facts and circumstances of the matter, except that the person need not say anything that might expose the person to a criminal charge or punishment. [22/2016] (3) A statement made by a person examined under subsection (1)( c ) must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted in a language that the person understands; and ( d ) after correction (if necessary), be signed by the person. [22/2016] (4) Any person who — ( a ) without reasonable excuse, fails to furnish the information required of that person under subsection (1)( a ); ( b ) without reasonable excuse, fails to comply with a notice issued to that person under subsection (1)( b ); or ( c ) furnishes any information or makes any statement under this section which the person knows to be false or misleading in any material particular, shall be guilty of an offence. [59A [22/2016]


document_id: ta-1999
provision_ref: s80
chapter: PART 8 - ENFORCEMENT POWERS AND PROCEDURES
section: 80
title: Powers of arrest and search in respect of seizable offences
content:
80. —(1) The Chief Executive or any employee of the Authority deputed by the Chief Executive to act under this section or any police officer may arrest without warrant — ( a ) any person found committing or attempting to commit or employing or aiding any person to commit a seizable offence under this Act; or ( b ) any person against whom a reasonable suspicion exists that the person has been guilty of a seizable offence under this Act, and may search any person so arrested, except that a woman must not be searched except by a woman. (2) Every person so arrested must, together with any article as to which an offence may have been committed or attempted to be committed, be taken to a police station. (3) For the purposes of this section, offences punishable under sections 53, 61, 62, 63, 64, 65, 68 and 71 are deemed to be seizable offences within the meaning of the Criminal Procedure Code 2010. [60 [15/2019]


document_id: ta-1999
provision_ref: s81
chapter: PART 8 - ENFORCEMENT POWERS AND PROCEDURES
section: 81
title: Powers of search and arrest in respect of offences under section 53 or 64
content:
81. —(1) Whenever it appears to any police officer or the Chief Executive or any employee of the Authority authorised to act for the Chief Executive under this section that an offence under section 53 or 64 is being committed or is about to be committed or attempted, or that any article is concealed or deposited or contained in or on any vessel, aircraft, vehicle or premises in contravention of either of those sections, the police officer or the Chief Executive or the employee of the Authority may, if he or she has reasonable grounds for believing that by reason of the delay in obtaining a search warrant the article is likely to be removed — ( a ) stop and examine the vessel, aircraft or vehicle or enter the premises and there search for and take possession of any article and of any book or document which is reasonably believed to have a bearing on the case; and ( b ) arrest any person being in the vessel, aircraft, vehicle or premises in whose possession the article may be found or whom the police officer or the Chief Executive or the employee of the Authority may reasonably suspect to have concealed or deposited the article and may search any person so arrested, except that a woman must not be searched except by a woman. (2) Every person so arrested must, together with any such article, be taken to a police station. [61


document_id: ta-1999
provision_ref: s82
chapter: PART 8 - ENFORCEMENT POWERS AND PROCEDURES
section: 82
title: Obstruction of police officer or Chief Executive or employee of Authority
content:
82. Any person who intentionally obstructs a police officer or the Chief Executive or any employee of the Authority authorised to act for the Chief Executive in the execution of his or her duty under section 57 or 81 shall be guilty of an offence. [62


document_id: ta-1999
provision_ref: s83
chapter: PART 8 - ENFORCEMENT POWERS AND PROCEDURES
section: 83
title:
No costs or damages or other relief arising from seizure to be recoverable unless seizure without reasonable or probable cause

content:
83. In any proceedings before any court in respect of any equipment, article, book or document seized in the exercise or the purported exercise of any power conferred under this Act, a person is not entitled to the costs of the proceedings or to any damages or other relief other than an order for the return of the equipment, article, book or document or the payment of their value unless the seizure was made without reasonable or probable cause. [63


document_id: ta-1999
provision_ref: s84
chapter: PART 8 - ENFORCEMENT POWERS AND PROCEDURES
section: 84
title: Composition of offences
content:
84. —(1) Any police officer not below the rank of sergeant specially authorised by name in that behalf by the Minister, or any employee of the Authority specially authorised by name in that behalf by the Chief Executive, may compound any offence under this Act or any regulations made 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 $5,000. [10/2005] (2) The Authority may, with the approval of the Minister, make regulations prescribing the offences that may be compounded. [64


document_id: ta-1999
provision_ref: s85
chapter: PART 8 - ENFORCEMENT POWERS AND PROCEDURES
section: 85
title: General penalties
content:
85. Any person guilty of an offence under this Act or any regulations made under this Act for which no penalty is expressly provided shall, in addition to the forfeiture of any article seized, 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, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [65 [10/2005]


document_id: ta-1999
provision_ref: s86
chapter: PART 8 - ENFORCEMENT POWERS AND PROCEDURES
section: 86
title: Saving of prosecutions under other written laws
content:
86. —(1) This Act does not prevent any person from being prosecuted under any other written law for any act or omission which constitutes an offence under this Act or any regulations made under this Act, or from being liable under that other written law to any punishment or penalty higher or other than that provided by this Act or the regulations. (2) A person must not be punished twice for the same offence. [66


document_id: ta-1999
provision_ref: s87
chapter: PART 8 - ENFORCEMENT POWERS AND PROCEDURES
section: 87
title: Jurisdiction of Courts
content:
87. A Magistrate’s Court or a District Court has jurisdiction to hear and determine all offences under this Act and, despite anything to the contrary in the Criminal Procedure Code 2010, has power to impose the full penalty or punishment in respect of any offence under this Act. [67


document_id: ta-1999
provision_ref: s88
chapter: PART 8 - ENFORCEMENT POWERS AND PROCEDURES
section: 88
title: Offences by bodies of persons
content:
88. Where an offence under this Act or any regulations made 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 such capacity shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless he or she proves that — ( a ) the offence was committed without his or her consent or connivance; and ( b ) he or she exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised, having regard to the nature of his or her functions in that capacity and to all the circumstances. [68


document_id: ta-1999
provision_ref: s89
chapter: PART 9 - GENERAL PROVISIONS
section: 89
title: Reconsideration by Authority and appeal to Minister
content:
89. —(1) Any telecommunication licensee aggrieved by — ( a ) any decision of the Authority in the exercise of any discretion vested in it by or under this Act; or ( b ) anything contained in any code of practice or standard of performance or in any direction of the Authority given under section 25, 26(2), 31, 40(2), 41(2), 42(1) or 43(3), may, within 14 days of the receipt of the decision or direction of the Authority or the issue or approval of the code of practice or standard of performance, as the case may be — ( c ) make a request to the Authority to reconsider the matter; or ( d ) appeal to the Minister. [10/2005; 19/2011; 30/2016] (2) Any person (other than a telecommunication licensee) who is aggrieved by — ( a ) any decision of the Authority under section 5(1), 6, 7(1), 10(1), 17, 23(6), (7) or (12), 27 or 38; or ( b ) anything contained in any code of practice issued under section 23 or under section 30 read with section 39 or in any direction of the Authority given under section 25, 26(2), 40(2), 41(2), 42(1) or (2), may, within 14 days after the receipt of the decision or direction of the Authority or the issue of the code of practice, as the case may be — ( c ) make a request to the Authority to reconsider the matter; or ( d ) appeal to the Minister. [19/2011; 30/2016] (3) A person must not make both a reconsideration request to the Authority and an appeal to the Minister in respect of the same decision or direction of the Authority or thing contained in a code of practice or standard of performance. [10/2005; 19/2011] (4) Where a reconsideration request and an appeal have been made in contravention of subsection (3), the appeal is deemed to be withdrawn. [10/2005] (5) Where — ( a ) a reconsideration request has been made to the Authority by any person; and ( b ) an appeal in respect of the same decision or direction of the Authority or thing contained in a code of practice or standard of performance is made or has been made to the Minister by any other person, the appeal to the Minister is deemed to be withdrawn. [10/2005; 19/2011] (6) The Authority may determine any reconsideration request under this section by confirming, varying or reversing any decision or direction or by amending any code of practice or standard of performance. [10/2005] (7) Any telecommunication licensee or any person mentioned in subsection (2) (as the case may be) who is aggrieved by any decision of the Authority under subsection (6) may appeal to the Minister within 14 days after the receipt of the decision. [10/2005] (8) Any person who makes an appeal to the Minister under subsection (1), (2) or (7) must within the period specified in that subsection — ( a ) state as concisely as possible the circumstances under which the appeal arises, and the issues and grounds for the appeal; and ( b ) submit to the Minister all relevant facts, evidence and arguments for or against the appeal, as the case may be. [10/2005] (9) The Minister may reject any appeal of an appellant who fails to comply with subsection (8) or (10). [10/2005] (10) Where an appeal has been made to the Minister under subsection (1), (2) or (7), the Minister may require any person to whom subsection (11) applies to provide the Minister with all such information as the Minister may require for the purpose of considering the appeal and making a determination for resolving it. [10/2005] (11) Subsection (10) applies to — ( a ) any party to the appeal; and ( b ) any person who is not a party to the appeal but appears to the Minister to have information that is relevant to the matters mentioned in that subsection. [10/2005] (12) Any person required to provide information under subsection (10) must provide it in such manner and within such period as may be specified by the Minister. [10/2005] (13) The Minister may determine an appeal under this section by confirming, varying or reversing any decision or direction of the Authority or by amending any code of practice or standard of performance. [10/2005] (14) Any decision of the Minister under subsection (13) is final. [10/2005] (15) Unless otherwise provided, where a reconsideration request or an appeal is made under this section, the decision, direction or other matter which requires reconsideration by the Authority or which is appealed against must be complied with until the determination of the reconsideration request or the appeal, as the case may be. [10/2005] (16) The Minister may make regulations in respect of the manner in which an appeal may be made to the Minister under subsection (1), (2) or (7) and the procedure to be adopted in hearing such appeals. [69 [10/2005]


document_id: ta-1999
provision_ref: s90
chapter: PART 9 - GENERAL PROVISIONS
section: 90
title: Interest on sums unpaid
content:
90. If any sum required to be paid by a telecommunication licensee or a person granted a spectrum right under this Act or any code of practice or regulation made under this Act is not paid when it is required to be paid, that licensee or person is liable to pay the Authority the prescribed interest on such unpaid sums for the period such sums remain unpaid. [69A [10/2005]


document_id: ta-1999
provision_ref: s91
chapter: PART 9 - GENERAL PROVISIONS
section: 91
title:
Power of Minister to issue written order relating to acquisition of assets, etc., of telecommunication licensee, designated business trust or designated trust

content:
91. —(1) The Minister may issue a written order to any person that acquires the assets or business of, or equity interests in, a telecommunication licensee, designated business trust or designated trust (called in this section the relevant person), that telecommunication licensee, the trustee‑manager of that designated business trust or the trustee of that designated trust (as the case may be), or both the relevant person and that telecommunication licensee, trustee‑manager or trustee (as the case may be), if the Minister is satisfied that — ( a ) the relevant person is not a fit and proper person; and ( b ) it is not in the national interest to allow the relevant person to continue to own the assets or business of, or to hold the equity interests in, that telecommunication licensee, designated business trust or designated trust (as the case may be). [19/2011] (2) The Minister may, in any written order issued under subsection (1), direct the relevant person, that telecommunication licensee, the trustee‑manager of that designated business trust or the trustee of that designated trust (as the case may be), or both the relevant person and that telecommunication licensee, trustee‑manager or trustee (as the case may be), to do all or any of the following: ( a ) direct the transfer or disposal of all of the assets, business and equity interests acquired by the relevant person in that telecommunication licensee, designated business trust or designated trust (as the case may be) within such time and subject to such conditions as the Minister considers appropriate; ( b ) restrict the transfer or disposal of the assets, business and equity interests in that telecommunication licensee, designated business trust or designated trust (as the case may be) by the relevant person; ( c ) restrict the exercise of voting power in that telecommunication licensee, designated business trust or designated trust (as the case may be) by the relevant person; ( d ) require that no payment be made by that telecommunication licensee, the trustee‑manager of that designated business trust or the trustee of that designated trust (as the case may be) of any amount (whether by way of dividends, profits, income or otherwise) in respect of the equity interests acquired by the relevant person; ( e ) restrict the issuance or offer of equity interests (whether by way of rights, bonus or otherwise) by that telecommunication licensee, the trustee‑manager of that designated business trust or the trustee of that designated trust (as the case may be) in respect of the equity interests acquired by the relevant person. [19/2011] (3) In the case of any written order made under subsection (2)( a ) or ( b ) relating to the equity interests, until a transfer or disposal is effected in accordance with the written order or until the restriction on the transfer or disposal is removed (as the case may be), despite the provisions of any written law or anything contained in the memorandum or articles of association, trust deed or other constitution, of that telecommunication licensee, designated business trust or designated trust (as the case may be) — ( a ) voting rights are not exercisable in respect of the equity interests, unless the Minister expressly permits such rights to be exercised; ( b ) no equity interests of that telecommunication licensee, designated business trust or designated trust (as the case may be) are to be issued or offered (whether by way of rights, bonus or otherwise) in respect of the equity interests, unless the Authority expressly permits such issue or offer; and ( c ) except in a liquidation of that telecommunication licensee, designated business trust or designated trust (as the case may be), no payment is to be made by that telecommunication licensee, the trustee‑manager of that designated business trust or the trustee of that designated trust (as the case may be) of any amount (whether by way of dividends, profits, income or otherwise) in respect of the equity interests unless the Minister expressly authorises such payment. [19/2011] (4) Before issuing the written order under subsection (1), the Minister must, unless the Minister decides that it is not practicable or desirable to do so, cause to be given to the relevant person and the telecommunication licensee, designated business trust or designated trust (as the case may be) written notice of the Minister’s intention to issue the written order, specifying the date by which written representations may be made to the Minister with regard to the written order. [10/2005; 19/2011] (5) Upon receipt of any written representation, the Minister must consider it for the purpose of determining whether to issue the written order. [10/2005] (6) The Minister may vary or revoke any written order issued under this section. [10/2005] (7) Any person to whom a written order is issued under subsection (1) must comply with the written order, and the written order takes effect despite the provisions of any other written law and anything contained in the memorandum or articles of association, trust deed or other constitution, of the telecommunication licensee, designated business trust or designated trust (as the case may be). [19/2011] (8) Any person who contravenes subsection (7) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $125,000 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 $12,500 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 $250,000 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. [10/2005] (9) In this section — “designated business trust” and “designated trust” have the meanings given by section 37(1); “equity interest” means — ( a ) in relation to a telecommunication licensee, a voting share in that telecommunication licensee; ( b ) in relation to a designated business trust, a unit in that designated business trust; or ( c ) in relation to a designated trust, any right or interest, whether legal or equitable, in that designated trust which gives the holder of that right or interest voting power in that designated trust. [69B [19/2011]


document_id: ta-1999
provision_ref: s92
chapter: PART 9 - GENERAL PROVISIONS
section: 92
title: Power of Minister to issue separation order
content:
92. —(1) The Minister may issue a written order (called in this section the separation order) to any telecommunication licensee (called in this section the relevant telecommunication licensee), if — ( a ) either of the following applies: (i) the relevant telecommunication licensee is licensed to operate a telecommunication system, or any installation or plant used for telecommunications, that is so costly or difficult to replicate that a requirement to do so would create a significant barrier to rapid and successful entry into the market for telecommunication services in Singapore by an efficient competitor of the relevant telecommunication licensee; (ii) the relevant telecommunication licensee has the ability to exercise significant market power in any market for telecommunication services in Singapore, and both of the following apply: (A) the telecommunication services provided by the relevant telecommunication licensee in that market (called in this subsection the relevant telecommunication services) are required by other telecommunication licensees for the provision of telecommunication services in Singapore on a competitive basis; (B) it is so costly or difficult to provide the relevant telecommunication services that a requirement to do so would create a significant barrier to the provision of telecommunication services in Singapore on a competitive basis by an efficient competitor of the relevant telecommunication licensee; ( b ) the Minister is satisfied that the actions that the Authority has taken in the exercise of its powers under this Act have failed, and that any other actions that the Authority may take in the exercise of those powers are likely to fail, to enable an efficient competitor of the relevant telecommunication licensee to achieve — (i) where paragraph ( a )(i) applies, rapid and successful entry into the market for telecommunication services in Singapore; or (ii) where paragraph ( a )(ii) applies, the provision of telecommunication services in Singapore on a competitive basis; and ( c ) the Minister is satisfied that it is in the public interest to issue the separation order. [19/2011] (2) In deciding whether it is in the public interest to issue the separation order, the Minister must have regard to whether the issue of the separation order is necessary or desirable for one or more of the following purposes: ( a ) to promote and maintain fair and efficient market conduct and effective competition between persons engaged in commercial activities connected with telecommunication systems and services in Singapore; ( b ) to promote the efficiency and international competitiveness of the telecommunication industry in Singapore; ( c ) to eliminate or reduce barriers to competition arising from the control of any telecommunication system, or the possession of significant market power, by the relevant telecommunication licensee; ( d ) to promote transparency, non-discrimination and equivalence of supply in relation to the provision of telecommunication services in Singapore. [19/2011; 22/2016] (3) The separation order may — ( a ) direct the relevant telecommunication licensee to transfer to a separate entity or an independent entity either or both of the following: (i) the whole or any part of any business of the relevant telecommunication licensee that is conducted pursuant to a telecommunication licence granted under section 5; (ii) the whole or any part of any property of the relevant telecommunication licensee that is used by it to provide any telecommunication services, and any rights, obligations and liabilities relating to that property; ( b ) for the purposes of paragraph ( a ), direct the relevant telecommunication licensee — (i) to establish a separate entity; and (ii) to ensure that the separate entity applies for a licence under section 5; and ( c ) contain such other directions as the Minister considers appropriate, including (but not limited to) directions relating to all or any of the following matters: (i) the types of transactions, dealings, arrangements and relationships that the relevant telecommunication licensee may engage in, or is prohibited from engaging in, with the separate entity or independent entity; (ii) the measures to be implemented to ensure that the relevant telecommunication licensee will not obtain effective control over the independent entity; (iii) any future or contingent right or liability of the relevant telecommunication licensee; (iv) the conditions of the transfer directed under paragraph ( a ); (v) any incidental, consequential or supplementary matters which, in the Minister’s opinion, are necessary to ensure that the transfer directed under paragraph ( a ) is effective. [19/2011] (4) In determining the directions to be included in the separation order, the Minister must have regard to whether the directions are proportionate, taking into account — ( a ) the contestability of the relevant market for telecommunication services in Singapore; and ( b ) the effectiveness of the directions in eliminating or minimising any incentive or opportunity for the relevant telecommunication licensee to act in a manner that prevents, restricts or distorts competition in the relevant market for telecommunication services in Singapore. [19/2011] (5) A licence granted under section 5 to a separate entity established by a relevant telecommunication licensee may include (without affecting the power to impose conditions conferred by that section) conditions requiring the separate entity — ( a ) to operate on a stand-alone basis; ( b ) to deal at arm’s length with the relevant telecommunication licensee or any of its associates; ( c ) to provide to other telecommunication licensees any service on the same terms and conditions (including in relation to price, service levels and time frames), and by means of the same systems and processes (including operational support processes), as it provides to the relevant telecommunication licensee or any of its associates; and ( d ) to do, or to refrain from doing, such things as are specified in the licence, or as are of a description specified in the licence. [19/2011] (6) The separation order takes effect, despite — ( a ) the provisions of any other written law or any rule of law; and ( b ) the provisions of the memorandum or articles of association, or other constitution, of the relevant telecommunication licensee. [19/2011] (7) Despite any other written law or any rule of law, where the separation order contains a direction under subsection (3)( a ), on the date appointed for the transfer of any business or property of the relevant telecommunication licensee to a transferee — ( a ) that business or property is transferred to, and vests in, the transferee without other or further assurance, act or deed, and the separation order has effect according to its tenor and be binding on any person thereby affected; ( b ) every deed, bond, agreement or other arrangement subsisting immediately before that date which relates to that business or property, and to which the relevant telecommunication licensee is a party, continues in full force and effect, and is enforceable by or against the transferee, from that date, as if the transferee had been named in it or had been a party to it instead of the relevant telecommunication licensee; and ( c ) any proceedings or cause of action, by or against the relevant telecommunication licensee, pending or existing immediately before that date and relating to that business or property, if continued, is enforceable by or against, the transferee from that date. [19/2011] (8) Subject to subsection (11), the Minister may award compensation to the relevant telecommunication licensee for any damage caused to it by reason of its compliance with the separation order. [19/2011] (9) For the purposes of subsection (8), the Minister must, within 6 months after the making of the separation order, by notification in the Gazette , establish a scheme for determining the amount of any compensation payable to the relevant telecommunication licensee. [19/2011] (10) A scheme established under subsection (9) may provide for — ( a ) the manner in which any compensation or consideration is to be assessed, including methods of calculation, valuation dates and matters to be taken into account or disregarded when making valuations; ( b ) the assessment to be made by an independent valuer appointed by the Minister; and ( c ) the remuneration and expenses of the independent valuer. [19/2011] (11) No compensation is to be awarded under subsection (8) if, when issuing the separation order, the Minister was satisfied that the relevant telecommunication licensee had engaged in conduct that prevents, restricts or distorts competition in any market for telecommunication services in Singapore, through — ( a ) its control of the telecommunication system, or the installation or plant used for telecommunications, mentioned in subsection (1)( a )(i); or ( b ) the exercise of its market power mentioned in subsection (1)( a )(ii). [19/2011] (12) Any compensation awarded by the Minister under subsection (8) must be paid out of the Consolidated Fund. [19/2011] (13) Before issuing the separation order, the Minister must, unless the Minister decides that it is not practicable or desirable to do so, cause to be given to the relevant telecommunication licensee written notice of the Minister’s intention to issue the separation order, specifying the date by which written representations may be made to the Minister with regard to the separation order. [19/2011] (14) Upon receipt of any written representation, the Minister must consider it for the purpose of determining whether to issue the separation order. [19/2011] (15) The Minister may at any time vary, suspend or revoke the whole or any part of the separation order. [19/2011] (16) The relevant telecommunication licensee and any person affected by the separation order must comply with the separation order. [19/2011] (17) Any person who contravenes subsection (16) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $125,000 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 $12,500 for every day or part of a day during which the offence continues after conviction; ( b ) in the case of an entity which is granted a licence under section 5, to a fine not exceeding the higher of the following amounts: (i) 10% of the annual turnover of that part of its business in respect of which it is granted the licence, as ascertained from its latest audited accounts; or (ii) $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; or ( c ) 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. [19/2011] (18) Subsections (4), (5)( a ), (6), (7) and (8) of section 37 apply with the necessary modifications to this section as they apply to Part 5A. [19/2011] (19) In this section — “30% controller”, in relation to a telecommunication licensee, means a person who, alone or together with the person’s associates — ( a ) holds 30% or more of the total number of voting shares in the telecommunication licensee; or ( b ) is in a position to control 30% or more of the voting power in the telecommunication licensee; “broadcasting licensee” has the meaning given by section 2(1) of the Broadcasting Act 1994, but does not include a class licensee as defined in section 2(1) of that Act; “business” includes any business affairs, property, right, obligation or liability; “effective control”, in relation to a telecommunication licensee or an independent e


document_id: ta-1999
provision_ref: s93
chapter: PART 9 - GENERAL PROVISIONS
section: 93
title: Exclusion of liability of public telecommunication licensees
content:
93. A public telecommunication licensee is not liable 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 telecommunication services or any equipment associated therewith or service ancillary thereto; ( b ) any failure, interruption, suspension or restriction of any telecommunication service or service ancillary thereto or delay of, or fault in, any communication by means of telecommunications; ( c ) any error in, or omission of, any information transmitted through telecommunications; or ( d ) any loss of secrecy in communication arising from the use of any telecommunication service, which is due to the act or default of another person, or an accident or some other cause beyond the public telecommunication licensee’s control. [70


document_id: ta-1999
provision_ref: s94
chapter: PART 9 - GENERAL PROVISIONS
section: 94
title: Service of documents, etc.
content:
94. —(1) Subject to subsection (6), any decision, notice, order or document required or authorised to be given by the Authority, or served by the Authority on any person, under this Act, or under any code of practice or standard of performance, may be served — ( a ) in the case of an individual — (i) by delivering the decision, notice, order or document to the individual personally; (ii) by leaving the decision, notice, order or document with an adult person apparently resident at the usual or last known address of the place of residence of the individual; (iii) by leaving the decision, notice, order or document with an adult person apparently employed at the usual or last known address of the place of business of the individual; (iv) by affixing the decision, notice, order or document in a conspicuous place at the usual or last known address of the place of residence or business of the individual; (v) by sending the decision, notice, order or document by prepaid registered post addressed to the individual at the usual or last known address of the place of residence or business of the individual; (vi) by sending the decision, notice, order or document by fax transmission to the last fax transmission number of the individual given to the Authority by the individual; or (vii) by sending an electronic communication of the decision, notice, order or document to the last electronic mail address of the individual given to the Authority by the individual; ( b ) in the case of a partnership other than a limited liability partnership — (i) by delivering the decision, notice, order or document to any one of the partners or the secretary or other like officer of the partnership; (ii) by leaving the decision, notice, order or document at, or by sending the decision, notice, order or document by prepaid registered post to, the principal or last known place of business of the partnership in Singapore; (iii) by sending the decision, notice, order or document by fax transmission to the last fax transmission number of the partnership given to the Authority by the partnership; or (iv) by sending an electronic communication of the decision, notice, order or document to the last electronic mail address of the partnership given to the Authority by the partnership; and ( c ) in the case of a limited liability partnership or any other body corporate — (i) by delivering the decision, notice, order or document to the manager of the limited liability partnership or the secretary or other like officer of the body corporate; (ii) by leaving the decision, notice, order or document at, or by sending the decision, notice, order or document by prepaid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore; (iii) by sending the decision, notice, order or document by fax transmission to the last fax transmission number of the limited liability partnership or body corporate given to the Authority by the limited liability partnership or body corporate; or (iv) by sending an electronic communication of the decision, notice, order or document to the last electronic mail address of the limited liability partnership or body corporate given to the Authority by the limited liability partnership or body corporate. [19/2011] (2) Where any decision, notice, order or other document required or authorised to be given by the Authority, or served by the Authority on any person, under this Act is sent by prepaid registered post, the decision, notice, order or document is deemed to have been duly served on the person to whom it is addressed 2 days after the day it was posted, whether or not it is returned undelivered. [19/2011] (3) Where any decision, notice, order or other document required or authorised to be given by the Authority, or served by the Authority on any person, under this Act is sent by fax transmission to a fax transmission number in accordance with subsection (1), the decision, notice, order or document is deemed to have been duly served on the person to whom it is addressed on the day of the transmission, subject to the receipt on the sending fax machine of a notification (by electronic or other means) of a successful transmission to the fax machine for that fax transmission number. [19/2011] (4) Where any decision, notice, order or other document required or authorised to be given by the Authority, or served by the Authority on any person, under this Act is sent by electronic communication to an electronic mail address in accordance with subsection (1), the decision, notice, order or document is deemed to have been duly served on the person to whom it is addressed at the time the electronic communication enters the information system for that electronic mail address. [19/2011] (5) Service of any decision, notice, order or other document under this Act may be effected on a person by electronic communication only if the person gives as part of the person’s address for service an electronic mail address. [19/2011] (6) This section does not apply to notices and documents to be served in proceedings in court. [71 [19/2011]


document_id: ta-1999
provision_ref: s95
chapter: PART 9 - GENERAL PROVISIONS
section: 95
title: Excluded matters
content:
95. This Act does not apply to the licensing of any broadcasting service or any broadcasting apparatus under the Broadcasting Act 1994 except in respect of the regulation of any telecommunication system required for the operation of any broadcasting service or the approval of any broadcasting apparatus used in accordance with section 11. [72 [10/2005]


document_id: ta-1999
provision_ref: s96
chapter: PART 9 - GENERAL PROVISIONS
section: 96
title: Exemption by Minister
content:
96. The Minister may exempt any person or class of persons from all or any of the provisions of this Act. [73


document_id: ta-1999
provision_ref: s97
chapter: PART 9 - GENERAL PROVISIONS
section: 97
title: Regulations
content:
97. —(1) The Authority may, with the approval of the Minister, make regulations for any purpose for which regulations are required to be made under this Act and generally for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Authority may, with the approval of the Minister, make regulations for or with respect to all or any of the following matters: ( a ) the proficiency examinations, including the syllabi and the details of such examinations, for the certification of competency of individuals operating telecommunication services or for the grant of any licence by the Authority; ( b ) the classes and the conditions for the grant of licences and spectrum rights by the Authority; ( c ) in relation to cable detection work licences — (i) the class or classes of licences to be granted, the form and duration of those licences, the terms and conditions upon, and the circumstances in, which those licences may be granted, held, suspended, cancelled, altered, extended, renewed or replaced and the fees payable in respect thereof; (ii) the qualifications and other requirements for applicants for such licences, the examination or testing of such applicants, the fees payable in respect of such examination or testing and the circumstances in and conditions on which an applicant may be exempted from such examination or testing; and (iii) the duties and responsibilities of licensed cable detection workers; ( d ) the control and regulation of dealing in and use of telecommunication equipment; ( e ) the control and regulation of interference by radiowaves or electrical or other means to telecommunications in Singapore; ( f ) the control and regulation of installation, wiring, cabling and other types of works to be carried out on the telecommunication systems of a telecommunication system licensee; ( g ) the control and regulation of the allocation and use of — (i) telephone numbers; and (ii) any other numbers used for or in connection with either or both of the following: (A) the operation of telecommunication systems; (B) the provision of telecommunication services; ( h ) the prescribing of anything that is required or permitted to be prescribed under this Act. [74 [10/2005; 19/2011; 30/2016]


document_id: ta-1999
provision_ref: s98
chapter: PART 9 - GENERAL PROVISIONS
section: 98
title: Saving and transitional provisions
content:
98. —(1) Any scheme, contract, document, licence, permission or resolution prepared, made, granted or approved by the TAS in relation to telecommunication matters under the repealed Act, so far as it is not inconsistent with the provisions of this Act and except as otherwise expressly provided in this Act or in any other written law, continues and is deemed to have been prepared, made, granted or approved by the Authority under the corresponding provisions of this Act. (2) Any subsidiary legislation made under the repealed Act or any other written law relating to telecommunication matters and in force immediately before 1 December 1999, so far as it is not inconsistent with the provisions of this Act, continues in force as if made under this Act until it is revoked or repealed by subsidiary legislation made under this Act. [75


document_id: taa-1975
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the Singapore Tourism Board established under section 3 of the Singapore Tourism Board Act 1963; “code of conduct” means a code of conduct mentioned in section 28(1)( g )(ii); “licence” means a licence granted or renewed under section 7; “licensee” means any person who holds a licence; “regulations” means regulations made under this Act; “relevant individual”, in relation to an applicant for a licence or to a licensee, means — ( a ) where the applicant or licensee is an individual, the applicant or licensee, as the case may be; ( b ) where the applicant or licensee is a partnership, a partner of the partnership; ( c ) where the applicant or licensee is an unincorporated association, a member of the governing body of the unincorporated association; and ( d ) where the applicant or licensee is a company or other body corporate, any director of the company or officer holding a similar managerial or executive position in the body corporate; “supply”, in relation to a travel product, includes the sale, or arranging for the provision, of the travel product; “tour” means a visit to one or more places or points of interest, whether in Singapore or elsewhere, in which the participant or participants in the visit is or are, for any part of the visit, accompanied by an individual who is not a participant of the visit; “travel product” means any goods or services described in section 4(1). [47/2017]


document_id: taa-1975
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Application
content:
3. —(1) Nothing in this Act is to be construed as requiring any of the following persons to hold a licence for the purpose of performing that person’s functions, exercising that person’s powers or carrying out that person’s duties as any of the following persons: ( a ) any executor or administrator; ( b ) any trustee; ( c ) any liquidator or official receiver; ( d ) any trustee in bankruptcy of a bankrupt estate; ( e ) any trustee under — (i) a composition or scheme of arrangement; (ii) a deed of arrangement; or (iii) a deed of assignment; ( f ) any donee of a lasting power of attorney — (i) which is granted under the Mental Capacity Act 2008; (ii) under which the donor confers on the donee authority to make decisions in relation to the donor for the purposes of this Act; and (iii) the donor of which, after the creation of the lasting power of attorney, lacks capacity within the meaning of the Mental Capacity Act 2008; ( g ) any deputy who is appointed or deemed to be appointed for an individual by the court under the Mental Capacity Act 2008, and who is conferred power to make decisions in relation to that individual for the purposes of this Act. [16/2016] (2) Despite anything in subsection (1), it is not lawful for any of the persons mentioned in that subsection in whom is vested the management of the business of any travel agent to carry on that business at any time after the expiration of 3 months from the date on which the management of that business was so vested, unless that person holds a licence. (3) Nothing in this Act is to be construed as relieving any person from the obligation to take out a licence under any written law for the performance of any function, the exercise of any power or the carrying out of any duty for which a licence must have been required if this Act had not been passed or to pay the fee payable in respect of any such licence. (4) Nothing in this Act is to be construed as requiring the Official Assignee performing his or her duties as the trustee in bankruptcy of the property of a bankrupt to hold a licence. (5) This Act does not apply to the Government, or a body established by or under a public Act for a public purpose. [47/2017]


document_id: taa-1975
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Business of travel agent
content:
4. —(1) Subject to subsections (2) and (3), a person carries on the business of a travel agent if the person carries on, or advertises or holds himself, herself or itself out as carrying on, a business of any one or more of the following: ( a ) supplying any person a right to travel on any conveyance; ( b ) supplying any person — (i) a right to travel on any conveyance to; and (ii) a right of accommodation at a hotel or similar boarding premises at, one or more places, whether in Singapore or elsewhere; ( c ) purchasing, or reserving, for resale to any person a right to travel on any conveyance; ( d ) supplying any tour (whether or not organised by the person) to any other person; ( e ) any other similar activity that may be prescribed. [47/2017] (2) An individual who is employed by a licensee or who is an agent of a licensee does not carry on the business of a travel agent by reason only of carrying on in the course of the individual’s employment or agency (as the case may be) any activity mentioned in subsection (1). [47/2017] (3) However, a person does not carry on the business of a travel agent if — ( a ) for the activity mentioned in subsection (1)( a ), the person carries on the activity only in respect of a conveyance the person owns; ( b ) for the activity mentioned in subsection (1)( a ) or ( c ), the person carries on the activity only in respect of a conveyance — (i) used for a regular route service within the meaning of the Bus Services Industry Act 2015; (ii) used for a community bus service or courtesy bus service, within the meaning of the Bus Services Industry Act 2015, and that travels only within Singapore; or (iii) used for a train service within the meaning of the Public Transport Council Act 1987; ( c ) for the activity mentioned in subsection (1)( b ), the person carries on the activity only in respect of — (i) a conveyance the person owns; and (ii) a hotel or similar boarding premises the person owns or operates; or ( d ) for the activity mentioned in subsection (1)( d ), the person carries on the activity only in respect of any place or point of interest that the person owns or operates. [47/2017]


document_id: taa-1975
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Board responsible for administration of this Act
content:
5. The Board is responsible for the administration of this Act and may authorise any of its officers to exercise any of the powers conferred upon and perform any of the functions imposed upon the Board by this Act on its behalf.


document_id: taa-1975
provision_ref: s6
chapter: PART 2 - LICENSING OF TRAVEL AGENTS
section: 6
title: Persons carrying on business of travel agent to be licensed
content:
6. —(1) A person must not carry on the business of a travel agent unless the person is authorised to do so by a licence. [47/2017] (2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 2 years or to both. [47/2017]


document_id: taa-1975
provision_ref: s7
chapter: PART 2 - LICENSING OF TRAVEL AGENTS
section: 7
title: Application for licence or renewal of licence
content:
7. —(1) Any person who desires to obtain or renew a licence must make an application to the Board in the form the Board requires. [47/2017] (2) Upon receiving an application under subsection (1), the Board must consider the application and may — ( a ) grant or renew a licence for any duration that the Board may specify in the licence; or ( b ) refuse the application. [47/2017] (3) The Board may refuse to grant or renew a licence if — ( a ) the applicant or a relevant individual of the applicant is not a suitable person to be involved in the management or operation of the business of a travel agent; ( b ) the applicant is unable to meet or continue to meet any minimum financial requirements that may be prescribed; ( c ) the Board has reason to believe that the applicant or a relevant individual of the applicant has committed any offence involving dishonesty or moral turpitude; ( d ) the Board has reason to believe that the applicant is contravening or has contravened — (i) any provision of this Act or the regulations; or (ii) any condition of a licence or any code of conduct applicable to the applicant; ( e ) the Board has reason to believe that a relevant individual of the applicant is contravening or has contravened, or is responsible for another licensee’s contravention of — (i) any provision of this Act or the regulations; or (ii) any condition of a licence or any code of conduct applicable to the relevant individual or the other licensee, as the case may be; ( f ) the application for the grant or renewal of the licence contains a statement or information that is untrue, or misleading (including as a result of any omission), in any material particular; ( g ) all relevant individuals of the applicant are incapable, by reason of illness, infirmity or any other cause, of carrying on the business of a travel agent; or ( h ) the Board considers it in the public interest to do so. [47/2017] (4) Before refusing an application to renew a licence, the Board must — ( a ) serve the applicant written notice of its intention; and ( b ) give the applicant an opportunity to submit reasons, within any period that the Board may specify in that notice, why the application should not be refused. [47/2017] (5) For the purposes of subsection (3)( e ), a relevant individual is responsible for any contravention of a licensee if the relevant individual — ( a ) consented or connived, or conspired with others, to effect the licensee’s contravention; ( b ) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the contravention of the licensee; or ( c ) knew or ought reasonably to have known that the contravention of the licensee (or a contravention of the same type) would be or is being effected, and failed to take all reasonable steps to prevent or stop the contravention. [47/2017] (6) To avoid doubt — ( a ) subsection (3)( d ) applies in relation to any contravention by the applicant, whether the contravention occurred before, on or after 1 January 2018; and ( b ) subsection (3)( e ) applies in relation to — (i) any contravention by a relevant individual of the applicant, whether the contravention occurred before, on or after 1 January 2018; and (ii) any contravention by a licensee mentioned in subsection (3)( e ) for which the relevant individual is responsible, whether the contravention occurred before, on or after 1 January 2018. [47/2017]


document_id: taa-1975
provision_ref: s7A
chapter: PART 2 - LICENSING OF TRAVEL AGENTS
section: 7A
title: Travel agent licence
content:
7A. —(1) A licence is subject to any conditions that the Board may specify in writing. [47/2017] (2) The conditions of a licence may include the assignment to the licensee of such description or classification as a travel agent as the Board considers appropriate to specify the type of business of a travel agent mentioned in section 4(1) that the licensee is authorised to carry on. [47/2017] (3) The Board may, at any time, vary or revoke any of the conditions of a licence or impose any new condition. [47/2017] (4) Before taking any action under subsection (3) that is to a licensee’s disadvantage, the Board must — ( a ) serve the licensee written notice of its intention; and ( b ) give the licensee an opportunity to submit reasons, within a reasonable period after the date that the Board serves the written notice, why the conditions of the licence should not be so varied or revoked, or the new condition should not be imposed. [47/2017] (5) An appeal made under section 11 against the Board’s decision under subsection (3) does not affect the operation of the decision or prevent the taking of any action to implement the decision, unless directed by the Minister in any particular case. [47/2017]


document_id: taa-1975
provision_ref: s8
chapter: PART 2 - LICENSING OF TRAVEL AGENTS
section: 8
title: Limit as to number of licences granted
content:
8. The Board may, with the approval of the Minister, limit the number of licences to be granted under this Act.


document_id: taa-1975
provision_ref: s9
chapter: PART 2 - LICENSING OF TRAVEL AGENTS
section: 9
title: Suspension or revocation of licence
content:
9. —(1) The Board may suspend a licence for a period not exceeding 6 months (or a longer maximum period if prescribed in substitution), or revoke a licence, if — ( a ) the licensee or a relevant individual of the licensee is not a suitable person to be involved in the management or operation of the business of a travel agent, including by reason of the manner in which the licensee is carrying on that business; ( b ) the Board has reason to believe that the licensee or a relevant individual of the licensee has committed any offence involving dishonesty or moral turpitude; ( c ) the Board has reason to believe that the licensee is contravening or has contravened — (i) any provision of this Act or the regulations; or (ii) any condition of a licence or any code of conduct applicable to the licensee; ( d ) the Board has reason to believe that a relevant individual of the licensee is contravening or has contravened, or is responsible for another licensee’s contravention of — (i) any provision of this Act or the regulations; or (ii) any condition of a licence or any code of conduct applicable to the relevant individual or the other licensee, as the case may be; ( e ) the application for the grant or renewal of the licence contains a statement or information that is untrue, or misleading (including as a result of any omission), in any material particular; ( f ) all relevant individuals of the licensee are incapable, by reason of illness, infirmity or any other cause, of carrying on the business of a travel agent; ( g ) the licensee has ceased to carry on the business of a travel agent; or ( h ) the Board considers it in the public interest to do so. [47/2017] (2) Subject to subsection (3), where subsection (1)( c ) applies, instead of suspending or revoking the licensee’s licence, the Board may require the licensee to pay a financial penalty of such amount not exceeding $2,000, by such date, as the Board may determine. [47/2017] (3) Subsection (2) does not apply in respect of any contravention that is prescribed to be an offence under this Act or the regulations. [47/2017] (4) Subject to subsection (5), before suspending or revoking a licence under subsection (1) or imposing a financial penalty under subsection (2), the Board must — ( a ) serve the licensee written notice of its intention; and ( b ) give the licensee an opportunity to submit reasons, within 14 days after the date that the Board serves the written notice, why the licence should not be suspended or revoked or the financial penalty should not be imposed. [47/2017] (5) Subsection (4) does not apply where the licensee has died or is adjudged a bankrupt, or has been dissolved or wound up, or has otherwise ceased to exist. [47/2017] (6) Any decision of the Board to suspend or revoke a licence, or require the payment of a financial penalty, under this section only takes effect as from the day immediately following the latest of the following events where applicable: ( a ) if no appeal is made against the decision of the Board, the expiry of the period allowed under section 11 for the licensee to make the appeal; ( b ) if an appeal is made against the decision of the Board — (i) the appeal is withdrawn; (ii) the Minister confirms the Board’s decision under section 11; or (iii) the Board confirms its decision upon a reconsideration required by the Minister under section 11. [47/2017] (7) Where any decision of the Board to suspend a licence becomes effective under subsection (6), the licensee concerned must not, during the period that the order of suspension is in force, carry on the business of a travel agent other than doing what is necessary to fulfil the licensee’s obligations under a contract to supply a travel product, entered into before the date the order of suspension takes effect. [47/2017] (8) For the purposes of subsection (1)( d ), a relevant individual is responsible for any contravention of a licensee if the relevant individual — ( a ) consented or connived, or conspired with others, to effect the licensee’s contravention; ( b ) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the contravention by the licensee; or ( c ) knew or ought reasonably to have known that the contravention by the licensee (or a contravention of the same type) would be or is being effected, and failed to take all reasonable steps to prevent or stop the contravention. [47/2017] (9) To avoid doubt — ( a ) subsection (1)( c ) applies in relation to any contravention by the licensee, whether the contravention occurred before, on or after 1 January 2018; and ( b ) subsection (1)( d ) applies in relation to — (i) any contravention by a relevant individual of the licensee, whether the contravention occurred before, on or after 1 January 2018; and (ii) any contravention by a licensee mentioned in subsection (1)( d ) for which the relevant individual is responsible, whether the contravention occurred before, on or after 1 January 2018. [47/2017] (10) A reference in subsection (7) to the day a decision to suspend becomes effective includes a reference to the date specified in a notice, given before 1 January 2018, specifying when a suspension of a licence takes effect. [47/2017]


document_id: taa-1975
provision_ref: s10
chapter: PART 2 - LICENSING OF TRAVEL AGENTS
section: 10
title: Board may require licensees to inform customers of notice under section 9
content:
10. —(1) Where the Board has served a written notice mentioned in section 9(4) on a licensee, the Board may also require the licensee to inform each of the following in writing, and in such form or manner as the Board may specify, of the Board’s notice: ( a ) a person who, as at the date the Board serves the written notice, has a contract with the licensee for the licensee to supply a travel product, and in respect of which the licensee has not fully performed the licensee’s obligations; ( b ) any other person who, in any way, communicates with the licensee during the specified period in relation to a travel product. [47/2017] (2) A licensee who is required by the Board to inform a person mentioned in subsection (1) of the Board’s notice must inform the person of that fact — ( a ) for a person mentioned in subsection (1)( a ) — within 2 working days after the date the Board serves the written notice; and ( b ) for a person mentioned in subsection (1)( b ) — within 2 working days after the date of the first communication from the person, if the 2 working days fall in the specified period, or before entering into a contract with the person for the licensee to supply a travel product, whichever is earlier. [47/2017] (3) A licensee who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000. [47/2017] (4) In this section, “specified period”, in relation to a licensee, means the period starting on the day the Board serves a written notice on the licensee under section 9(4) and ending — ( a ) subject to paragraph ( b ), 3 months (or any longer period that may be prescribed in substitution) after that day; or ( b ) if the Board makes a decision under section 9(1) within the period mentioned in paragraph ( a ) — (i) where the decision of the Board is to suspend or revoke the licensee’s licence, on the day the decision becomes effective under section 9(6); (ii) where there is an appeal against the Board’s decision and the Board’s decision is reversed, on the day the decision is reversed; and (iii) where the Board decides not to suspend or revoke the licence, on the day of the Board’s decision. [47/2017] (5) A written notice in section 9(4) includes a written notice of intention to suspend a licence given before 1 January 2018. [47/2017]


document_id: taa-1975
provision_ref: s11
chapter: PART 2 - LICENSING OF TRAVEL AGENTS
section: 11
title: Appeal to Minister
content:
11. —(1) Any person aggrieved by an appealable decision of the Board may appeal against the decision to the Minister within 14 days after notice of the decision is served on the person or any extended period that the Minister may allow in any particular case. [47/2017] (2) An appeal made under subsection (1) must be in writing and state — ( a ) the circumstances under which the appeal arises and the issues and grounds for the appeal; and ( b ) all relevant facts, evidence and arguments in respect of the appeal. [47/2017] (3) The Minister may require any of the following to provide the Minister with all such information as the Minister may require for the purpose of considering and determining the appeal: ( a ) the appellant; ( b ) the Board; ( c ) any person who is not a party to the appeal but appears to the Minister to have information that is relevant to the circumstances under which the appeal arises. [47/2017] (4) The appellant, Board or person (as the case may be) must provide the information to the Minister in such manner and within such period as may be specified by the Minister. [47/2017] (5) The Minister may reject an appeal if the appellant fails to comply with subsection (2) or (4). [47/2017] (6) The Minister may determine an appeal by — ( a ) confirming, varying or reversing the Board’s decision; or ( b ) requiring the Board to reconsider the Board’s decision. [47/2017] (7) The Minister’s decision on appeal is final. [47/2017] (8) Every appellant must be notified of the Minister’s decision under subsection (6). [47/2017] (9) The Minister may designate any of the following persons to hear and determine, in the Minister’s place, any appeal or a specific appeal to the Minister under subsection (1): ( a ) any Minister of State, including a Senior Minister of State, for his or her Ministry; ( b ) any Parliamentary Secretary, including a Senior Parliamentary Secretary, to his or her Ministry. [47/2017] (10) A reference to the Minister in this section (other than in subsection (1) or (9)) includes a reference to a person designated under subsection (9). [47/2017] (11) In this section, “appealable decision” means a decision of the Board — ( a ) refusing to grant or renew a licence under section 7(2); ( b ) varying, revoking or imposing a condition under section 7A(3); ( c ) suspending or revoking a licence under section 9(1); or ( d ) requiring a person to pay a financial penalty under section 9(2). [47/2017]


document_id: taa-1975
provision_ref: s12
chapter: PART 2 - LICENSING OF TRAVEL AGENTS
section: 12
title: Power of Board to publish information
content:
12. The Board may, where the Board thinks it necessary or expedient in the interest of the public and in such form or manner as the Board thinks fit, publish information relating to — ( a ) a licensee on whom the Board has served a written notice mentioned in section 9(4); and ( b ) any action the Board takes under section 9(1) or (2). [47/2017]


document_id: taa-1975
provision_ref: s13
chapter: PART 3 - GENERAL
section: 13
title: Furnishing false, etc., information
content:
13. Any person who — ( a ) in connection with any application for the grant or renewal of a licence; or ( b ) for any other purpose under this Act or the regulations, makes any statement or furnishes any information to the Board or an officer of the Board that the person knows, or ought reasonably to know, is false, or misleading (including by reason of any omission), in any material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [47/2017]


document_id: taa-1975
provision_ref: s14
chapter: PART 3 - GENERAL
section: 14
title: Wrongful conversion and false accounts
content:
14. —(1) Any licensee who — ( a ) fraudulently converts to the licensee’s own use or to the use of any other person — (i) any money or part thereof received by the licensee on behalf of any person in respect of any transaction in the licensee’s capacity as a travel agent; or (ii) any money or part thereof so received which are held by the licensee in trust pending the completion of any transaction; ( b ) fraudulently omits to account for, deliver or pay — (i) any such money or part thereof so received by the licensee on behalf of any person to such person; or (ii) any such money or part thereof so received by the licensee which are or were held by the licensee in trust as aforesaid pending the completion of the transaction to the person or persons entitled to such money; or ( c ) fraudulently renders an account knowing the account to be false in any material particular of — (i) any such money or part thereof so received by the licensee on behalf of any person; (ii) any money so received by the licensee which is or was held by the licensee in trust pending the completion of any transaction or any part of such money; or (iii) expenses, commission or other charges incidental to any transaction or proposed or contemplated transaction as a travel agent, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years. (2) Nothing in this section is to be construed to limit or in any way affect the provisions of any other written law.


document_id: taa-1975
provision_ref: s15
chapter: PART 3 - GENERAL
section: 15
title: Power to search premises
content:
15. Any officer of the Board or any police officer, on being satisfied upon any information and after any further inquiry which he or she thinks necessary that there is good reason to believe that any place is used for the carrying on of the business of a travel agent by a person who is not the holder of a licence, may with such assistance and by such force as is necessary, by day or by night — ( a ) enter or go to the place and search the place and all persons found in the place; ( b ) seize all documents and things reasonably supposed to have been used or intended to be used in connection with the business of a travel agent which are found in the place or on such persons; and ( c ) detain all such persons until they and the place have been searched.


document_id: taa-1975
provision_ref: s16
chapter: PART 3 - GENERAL
section: 16
title: Power to arrest
content:
16. —(1) Any police officer or any officer of the Board authorised in writing in that behalf by the Board may without warrant arrest any person whom he or she reasonably suspects to have committed an offence under this Act. (2) Any police officer or any officer of the Board authorised in writing in that behalf by the Board to arrest a person under subsection (1) may search that person and take possession of all articles found on that person which there is reason to believe were used in connection with the offence. (3) Every person arrested must be taken to the office of the Board or a police station. (4) A woman must not be searched except by a woman.


document_id: taa-1975
provision_ref: s17
chapter: PART 3 - GENERAL
section: 17
title: Power to investigate
content:
17. In any case relating to the commission of an offence under this Act or the regulations, any police officer and any officer of the Board authorised in writing in that behalf by the Board may exercise all or any of the special powers in relation to any arrestable case mentioned in section 18(1) of the Criminal Procedure Code 2010. [47/2017]


document_id: taa-1975
provision_ref: s18
chapter: PART 3 - GENERAL
section: 18
title: Powers of Board
content:
18. —(1) Any police officer and any officer of the Board authorised in writing in that behalf by the Board, for the purposes of the execution of this Act or the regulations, has power to do all or any of the following: ( a ) to enter, inspect and examine, by day or by night, the place of business of any licensee; ( b ) to require any person to produce any document relevant to the execution of this Act or the regulations and to inspect, examine and make copies or retain any of the documents; ( c ) to make any inquiry that may be necessary to ascertain whether the provisions of this Act or the regulations are complied with by any licensee, licensee’s employee or licensee’s agent who assists in carrying on the business of a travel agent; ( d ) to take such photograph or audio or video recording as the police officer or authorised officer of the Board thinks necessary, of any place, or of any individual reasonably believed to be acquainted with the facts and circumstances relevant to any contravention of this Act or the regulations. [47/2017] (2) In this section, “place” includes — ( a ) any building or structure, whether permanent or temporary; ( b ) any land, whether built on or not; ( c ) any place, whether open or enclosed, including any place situated underground or underwater; ( d ) any vehicle, vessel, train or aircraft; and ( e ) any part of any place mentioned in paragraphs ( a ) to ( d ). [47/2017]


document_id: taa-1975
provision_ref: s19
chapter: PART 3 - GENERAL
section: 19
title: Obstruction of search, etc.
content:
19. Any person who — ( a ) refuses any police officer or any officer of the Board authorised to enter or search access to any place; ( b ) assaults, obstructs, hinders or delays a police officer or an officer of the Board in effecting any entrance which the police officer or officer of the Board is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act; ( c ) fails to comply with any lawful demand of a police officer or an officer of the Board in the execution of the duty of the police officer or officer of the Board under this Act; or ( d ) refuses or neglects to give any information which may reasonably be required of the person and which the person has it in the person’s power to give, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 12 months or to both. [47/2017]


document_id: taa-1975
provision_ref: s20
chapter: PART 3 - GENERAL
section: 20
title: Offences by corporations
content:
20. —(1) Where, in a proceeding for an offence under this Act or the regulations, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. [47/2017] (2) Where a corporation commits an offence under this Act or the regulations, a person — ( a ) who is — (i) an officer of the corporation, or a member of a corporation (in the case where the affairs of the corporation are managed by its members); or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. [47/2017] (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. [47/2017] (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. [47/2017] (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act or the regulations, and applies whether or not the corporation is convicted of the offence. [47/2017] (6) In this section — “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in that capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. [47/2017]


document_id: taa-1975
provision_ref: s20A
chapter: PART 3 - GENERAL
section: 20A
title: Offences by unincorporated associations or partnerships
content:
20A. —(1) Where, in a proceeding for an offence under this Act or the regulations, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. [47/2017] (2) Where an unincorporated association or a partnership commits an offence under this Act or the regulations, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership, and shall be liable on conviction to be punished accordingly. [47/2017] (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. [47/2017] (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. [47/2017] (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act or the regulations, and applies whether or not the unincorporated association or partnership is convicted of the offence. [47/2017] (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in that capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. [47/2017]


document_id: taa-1975
provision_ref: s21
chapter: PART 3 - GENERAL
section: 21
title: Disclosure of information
content:
21. —(1) A person must not disclose any information obtained by him or her in connection with the administration or execution of this Act or the regulations, unless the disclosure is made — ( a ) with the consent of the person from whom the information was obtained; ( b ) in connection with the administration or execution of this Act or the regulations; ( c ) under and in accordance with any other written law; ( d ) for the purposes of any legal proceedings arising out of this Act or the regulations or of any report of those proceedings; or ( e ) for the purpose of objecting to an application for a licence or of any investigation conducted under this Act. [47/2017] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 6 months or to both. [47/2017]


document_id: taa-1975
provision_ref: s22
chapter: PART 3 - GENERAL
section: 22
title: Service of documents
content:
22. —(1) A document that is permitted or required by this Act or the regulations to be served on a person may be served as described in this section. [47/2017] (2) A document permitted or required by this Act or the regulations to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered 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; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s email address. [47/2017] (3) A document permitted or required by this Act or the regulations to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s email address. [47/2017] (4) A document permitted or required by this Act or the regulations to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( 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 prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office in Singapore; ( c ) by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore; or ( d ) by sending it by email to the body corporate’s or unincorporated association’s email address. [47/2017] (5) Service of a document under this section takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom the document is sent; and ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). [47/2017] (6) This section does not apply to documents to be served in proceedings in court. [47/2017] (7) 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; “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 or the regulations; “residential address” means an individual’s usual or last known place of residence in Singapore. [47/2017] 23. [ Repealed by Act 47 of 2017 wef 01/01/2018 ]


document_id: taa-1975
provision_ref: s24
chapter: PART 3 - GENERAL
section: 24
title: Authentication of documents
content:
24. Every summons, process, demand, order, notice, statement, direction or document requiring authentication by the Board may be sufficiently authenticated without the seal of the Board if signed by the Chairperson or the Chief Executive of the Board, or an officer of the Board authorised for this purpose by the Board. [47/2017]


document_id: taa-1975
provision_ref: s25
chapter: PART 3 - GENERAL
section: 25
title: Consent of Public Prosecutor
content:
25. No court is to try an offence under section 14 except with the consent of the Public Prosecutor. [15/2010; 47/2017]


document_id: taa-1975
provision_ref: s26
chapter: PART 3 - GENERAL
section: 26
title: Conduct of proceedings
content:
26. Proceedings in respect of any offence under this Act or the regulations may, with the authorisation of the Public Prosecutor, be conducted by any officer authorised in writing in that behalf by the Chairperson or the Chief Executive of the Board. [15/2010; 47/2017]


document_id: taa-1975
provision_ref: s27
chapter: PART 3 - GENERAL
section: 27
title: Composition of offences
content:
27. —(1) The Board may compound any offence under this Act or the regulations 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. [47/2017] (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. [47/2017] (3) All sums collected under this section must be paid into the Consolidated Fund. [47/2017]


document_id: taa-1975
provision_ref: s27A
chapter: PART 3 - GENERAL
section: 27A
title: Recovery of financial penalties, etc.
content:
27A. —(1) Any person who fails to pay a financial penalty by the date the person is required to do so under this Act is liable to pay, after that date, interest on the amount unpaid at the same rate as for a judgment debt. [47/2017] (2) Any financial penalty and any interest on the financial penalty payable by any person under this Act must be paid to the Board and is recoverable by the Board as a debt due to the Board from that person; and the person’s liability to pay is not affected by the person’s licence ceasing (for any reason) to be in force. [47/2017] (3) The Board may (in any case it thinks fit) waive, remit or refund, in whole or in part, any financial penalty or any interest on the financial penalty payable under this Act. [47/2017] (4) All financial penalties and interest on the financial penalties collected by the Board under this Act must be paid into the Consolidated Fund. [47/2017]


document_id: taa-1975
provision_ref: s28
chapter: PART 3 - GENERAL
section: 28
title: Regulations
content:
28. —(1) The Board may, with the approval of the Minister, make regulations generally for carrying out the provisions of this Act and for prescribing anything that is to be prescribed and, in particular, may make regulations for all or any of the following purposes: ( a ) prescribing the information and documents to be furnished by an applicant for a licence or by a licensee; ( b ) prescribing the procedure to be followed on applications and other proceedings under this Act; ( c ) prescribing the books, accounts (including trust accounts) and records to be kept by a licensee and the form and mode of keeping those books, accounts and records; ( d ) prescribing — (i) the fees and charges payable under this Act or the regulations, including fees for a licence; and (ii) the interest or penalty for the late payment of any fee or charge; ( e ) providing for the waiver, refund or remission, whether in whole or in part, of any fee or charge or the interest or penalty for the late payment of any fee or charge, either generally or in any particular case or class of cases or in the discretion of any person; ( f ) prescribing requirements applicable to licensees, including minimum financial requirements that the licensee must satisfy throughout the currency of the licence; ( g ) regulating the conduct of licensees in their business, including — (i) imposing restrictions or obligations on licensees in relation to any variation or termination of a contract for the supply by the licensee of a travel product; and (ii) providing a code of conduct for licensees; ( h ) prescribing duties applicable to directors of, or individuals employed or engaged by, licensees; ( i ) to exempt any persons or classes of persons from the provisions of this Act. [47/2017] (2) The regulations made under this section may provide that a contravention of any provision of the regulations shall be punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both and, in the case of a continuing offence, with a further fine not exceeding $1,000 for every day during which the offence continues after conviction.


document_id: tca-1971
provision_ref: s2
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “aircraft” means any aircraft, whether or not a Singapore‑controlled aircraft, other than — ( a ) a military aircraft; or ( b ) an aircraft which, not being a military aircraft, is exclusively employed in the service of the Government; “commander”, in relation to an aircraft, means the member of the crew designated as commander of that aircraft by the operator thereof, or, failing such a person the person who is for the time being the pilot in command of the aircraft; “consular officer” means a consular officer of Singapore and includes a consul‑general, consul, pro‑consul and consular agent of Singapore; “Convention country” means a country which has been declared by the Minister, by notification in the Gazette , to have ratified or acceded to the Tokyo Convention, and has not been so declared to have denounced the Tokyo Convention; “military aircraft” means an aircraft of the naval, military or air forces of any country; “Montreal Protocol” means the Protocol to Amend the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Montreal on 4 April 2014; “operator”, in relation to any aircraft at any time, means the person who at that time has the management of that aircraft; “pilot in command”, in relation to an aircraft, means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft; “Protocol country” means a country which has been declared by the Minister, by notification in the Gazette , to have ratified or acceded to the Montreal Protocol, and has not been so declared to have denounced the Montreal Protocol; “Singapore-controlled aircraft” means an aircraft — ( a ) which is for the time being registered in Singapore; or ( b ) which is leased without crew to a lessee whose principal place of business, or (if the lessee has no such place of business) whose permanent residence, is in Singapore; “Tokyo Convention” means the Convention on Offences and certain other Acts Committed on board Aircraft, signed at Tokyo on 14 September 1963. [32/2018] (2) For the purposes of this Act, an aircraft is in flight — ( a ) from the time when all external doors of the aircraft are closed following embarkation for a flight until the time when any such door is opened for disembarkation; ( b ) if the aircraft makes a forced landing in any country or territory other than Singapore, from the time when all external doors of the aircraft are closed following embarkation for a flight until the time when the competent authorities of the country or territory in which the forced landing takes place take over responsibility for the aircraft and for the persons and property on board the aircraft; and ( c ) if the aircraft makes a forced landing in Singapore, from the time when all external doors of the aircraft are closed following embarkation for a flight until the time when a police officer arrives at the place of landing, and any reference in this Act to an aircraft in flight includes a reference to an aircraft during any period when the aircraft is on the surface of the sea or land but not within the territorial limits of any country. [32/2018] (3) In this Act, unless the context otherwise requires, any reference to a country or the territorial limits thereof is to be construed as including a reference to the territorial waters (if any) of that country. (4) If the Minister is satisfied that the requirements of Article 18 of the Tokyo Convention have been satisfied (which Article makes provision as to the country which is to be treated as the country of registration of certain aircraft operated by joint air transport organisations or international operating agencies established by 2 or more Convention countries) the Minister may, by notification in the Gazette , provide that for the purposes of this Act such aircraft as may be specified in the notification is to be treated as registered in such Convention country as may be so specified.


document_id: tca-1971
provision_ref: s3
section: 3
title: Application of criminal law to certain act or omission on aircraft
content:
3. —(1) Any act or omission taking place on board a Singapore‑controlled aircraft while in flight elsewhere than in or over Singapore which, if taking place in Singapore, would constitute an offence under the law in force in Singapore, shall constitute that offence. [32/2018] (2) If — ( a ) any act or omission taking place on board any aircraft (not being a Singapore‑controlled aircraft) while in flight elsewhere than in or over Singapore which, if taking place in Singapore, would constitute an offence under the law in force in Singapore; and ( b ) the aircraft subsequently lands in Singapore with the person who committed the act or omission still on board the aircraft, the act or omission constitutes that offence. [32/2018] (3) Subsections (1) and (2) do not apply to any act or omission which is expressly or impliedly authorised by or under the law in force in Singapore when taking place outside Singapore. [32/2018] (4) No proceedings for any offence under the law in force in Singapore committed on board an aircraft while in flight elsewhere than in or over Singapore other than an offence under the Air Navigation Act 1966 or any subsidiary legislation made under that Act may be instituted in Singapore except by or with the consent of the Public Prosecutor. [15/2010] (5) Subsection (4) does not prevent the arrest, or the issue of a warrant for the arrest, of any person in respect of any offence, or the remanding in custody or on bail of any person charged with any offence. (6) For the purpose of conferring jurisdiction, any offence under the law in force in Singapore committed on board an aircraft in flight is deemed to be committed in Singapore.


document_id: tca-1971
provision_ref: s4
section: 4
title: Provisions as to extradition
content:
4. —(1) For the purposes of the application of the Extradition Act 1968 to crimes committed on board an aircraft in flight, any offence committed on board any aircraft in flight is to be treated as if it had been committed not only in the place at which the offence occurred, but also within the territory of — ( a ) a Convention country in which the aircraft is registered; ( b ) a Convention country (being also a Protocol country) in which the lessee of the aircraft leased without crew has its principal place of business or, if the lessee has no such place of business, has its permanent residence; or ( c ) a Convention country (being also a Protocol country) in which the aircraft lands, with the offender still on board. [32/2018] (2) For the purposes of subsection (1), it does not matter whether the aircraft mentioned in that subsection is for the time being also within the jurisdiction of any other country. [32/2018]


document_id: tca-1971
provision_ref: s5
section: 5
title: Powers of commander of aircraft
content:
5. —(1) Subsections (2), (3), (7) and (8) have effect for the purposes of any proceeding before any court in Singapore. (2) If the commander of an aircraft in flight, wherever that aircraft may be, has reasonable grounds to believe in respect of any person on board the aircraft — ( a ) that the person in question has done or is about to do any act on the aircraft while it is in flight which jeopardises or may jeopardise — (i) the safety of the aircraft or of persons or property on board the aircraft; or (ii) good order and discipline on board the aircraft; or ( b ) that the person in question has done on the aircraft while in flight any act which in the opinion of the commander is a serious offence, then, subject to subsection (7), the commander may take with respect to that person such reasonable measures, including restraint of his or her person, as may be necessary — ( c ) to protect the safety of the aircraft or of persons or property on board the aircraft; ( d ) to maintain good order and discipline on board the aircraft; or ( e ) to enable the commander to disembark or deliver that person in accordance with subsection (8). [32/2018] (3) The commander of an aircraft may — ( a ) require or authorise any member of the crew of the aircraft; or ( b ) request or authorise (but not require) any passenger, or air marshal, on board the aircraft, to render assistance in restraining any person whom the commander is entitled under subsection (2) to restrain. [32/2018] (4) At any time when an aircraft is in flight, any member of the crew of the aircraft or any passenger on board the aircraft may, without being authorised by the commander, take any measures mentioned in subsection (2) against any person on board the aircraft which the member of the crew or passenger has reasonable grounds to believe are immediately necessary to protect the safety of the aircraft, or of persons or property on board the aircraft. [32/2018] (5) At any time when an aircraft is in flight, any air marshal on board the aircraft may, without being authorised by the commander, take any measures mentioned in subsection (2) against any person on board the aircraft which the air marshal has reasonable grounds to believe are immediately necessary to protect the safety of the aircraft, or of persons on board the aircraft from — ( a ) any act of unlawful interference; or ( b ) the commission of any serious offence. [32/2018] (6) The measures taken by an air marshal in relation to the commission of any serious offence mentioned in subsection (5)( b ) are subject to any agreement between Singapore and a Protocol country relating to the deployment of air marshals on board an aircraft for ensuring the security of the aircraft and persons on board the aircraft. [32/2018] (7) Any restraint imposed on any person on board an aircraft under the powers conferred by this section must not be continued after the time when the aircraft first thereafter ceases to be in flight unless before or as soon as is reasonably practicable after that time the commander of the aircraft causes notification of the fact that a person on board the aircraft is under restraint and of the reasons therefor to be sent to an appropriate authority of the country in which the aircraft so ceases to be in flight, but subject to such notification may be continued after that time — ( a ) for any period (including the period of any further flight) between that time and the first occasion thereafter on which the commander is able with any requisite consent of the appropriate authorities to disembark or deliver the person under restraint in accordance with subsection (8); or ( b ) if the person under restraint agrees to continue his or her journey under restraint on board that aircraft. (8) The commander of an aircraft — ( a ) if in the case of any person on board the aircraft the commander has reasonable grounds — (i) to believe as mentioned in subsection (2)( a ); and (ii) to believe that it is necessary to do so in order to protect the safety of the aircraft or of persons or property on board the aircraft or to maintain good order and discipline on board the aircraft, may disembark that person in any country in which that aircraft may be; and ( b ) if in the case of any person on board the aircraft the commander has reasonable grounds to believe as mentioned in subsection (2)( b ), may deliver that person — (i) in Singapore — to a police officer or immigration officer; or (ii) in any other country which is a Convention country — to an officer having functions corresponding to the functions either of a police officer or of an immigration officer in Singapore. (9) The commander of an aircraft — ( a ) if he or she disembarks any person pursuant to subsection (8)( a ), in the case of a Singapore-controlled aircraft, in any country or, in the case of any other aircraft, in Singapore, must report the fact of, and the reasons for, that disembarkation to — (i) an appropriate authority in the country of disembarkation; and (ii) the appropriate diplomatic or consular office of the country of nationality of that person; ( b ) if he or she intends to deliver any person in accordance with subsection (8)( b ) in Singapore or, in the case of a Singapore-controlled aircraft, in any other country which is a Convention country, must before or as soon as reasonably practicable after landing give notification of his or her intention and of the reasons therefor — (i) where the country in question is Singapore, to a police officer or immigration officer or, in the case of any other country, to an officer having functions corresponding to the functions either of a police officer or of an immigration officer in Singapore; and (ii) in either case to the appropriate diplomatic or consular office of the country of nationality of that person, and any commander of an aircraft who without reasonable cause fails to comply with the requirements of this subsection shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (10) In this section and section 6A, “air marshal” means an individual who is appointed — ( a ) an air marshal under section 61 of the Police Force Act 2004; or ( b ) an air marshal (or by whatever name called) under the law of any Protocol country with whom Singapore has an agreement relating to the deployment of air marshals on board an aircraft for ensuring the security of the aircraft and persons on board the aircraft. [32/2018] (11) In this section, “act of unlawful interference” means the doing or attempting to do anything such as to jeopardise the safety of civil aviation and air transport, and includes any of the following: ( a ) unlawful taking control of an aircraft by force, or threat of force, or any other form of intimidation or by any trick or false pretence; ( b ) destroying an aircraft that is in service; ( c ) hostage-taking on board an aircraft or at an airport; ( d ) forcible intrusion on board an aircraft, at an airport or on the premises of an aeronautical facility that puts the safety of the aircraft, or any person on board or outside the aircraft, at risk; ( e ) introducing on board an aircraft or at an airport a weapon or hazardous device or material intended for criminal purposes; ( f ) use of an aircraft in service for the purpose of causing death, serious bodily injury or serious damage to property or the environment; ( g ) putting the safety of an aircraft in flight or on the ground, or of passengers, crew, ground personnel or the general public, at an airport or on the premises of a civil aviation facility at risk by communicating false or misleading information. [32/2018]


document_id: tca-1971
provision_ref: s6
section: 6
title: Provisions as to evidence in connection with aircraft
content:
6. —(1) Where in any proceeding before a court in Singapore for an offence committed on board an aircraft the testimony of any person is required and the court is satisfied that the person in question cannot be found in Singapore, there shall be admissible in evidence before that court any deposition relating to the subject matter of that proceeding previously made on oath by that person — ( a ) in Singapore which was so made in the presence or absence of the person charged with the offence and before a District Judge or Magistrate; or ( b ) outside Singapore which was so made in the presence or absence of the person charged with the offence and before a consular officer or a judicial officer of any foreign country. (2) Any such deposition shall be authenticated by the signature of the District Judge, Magistrate, consular officer or judicial officer before whom it was made who shall certify that the person charged with the offence was present or absent at the taking of the deposition. (3) It is not necessary in any proceeding to prove the signature or official character of the person appearing so to have authenticated any such deposition or to have given such certificate, and such certificate is, unless the contrary is proved, sufficient evidence in any proceeding that the person charged with the offence was present or absent (as the case may be) at the making of the deposition. (4) If a complaint is made to a consular officer that any offence has been committed on a Singapore-controlled aircraft while in flight elsewhere than in or over Singapore, that officer may inquire into the case upon oath. (5) In this section — “deposition” includes any affidavit, affirmation or statement made upon oath; and “oath” includes an affirmation or declaration in the case of persons allowed by law to affirm or declare instead of swearing, and nothing in this section affects the admission as evidence of any deposition which is admissible in evidence apart from this section.


document_id: tca-1971
provision_ref: s6A
section: 6A
title: Protection from personal liability
content:
6A. No liability shall lie against any of the following persons on account of any treatment undergone by a person against whom any action has been taken under this Act: ( a ) the commander of an aircraft; ( b ) a member of the crew of an aircraft; ( c ) a passenger on board an aircraft; ( d ) an air marshal on board an aircraft; ( e ) an owner or operator of an aircraft; ( f ) a person on whose behalf the flight of an aircraft was performed. [32/2018]


document_id: tca-1971
provision_ref: s6B
section: 6B
title: Act not to be interpreted as authorising action in certain cases
content:
6B. Except for the purpose of protecting the safety of an aircraft or of persons or property on board an aircraft, nothing in this Act is to be interpreted as authorising or requiring any action in respect of an offence under any law of a political nature, or based on discrimination on any ground such as race, religion, nationality, ethnic origin, political opinion or gender. [32/2018]


document_id: tca-1971
provision_ref: s7
section: 7
title: Regulations
content:
7. The Minister may make such regulations as appear to him or her to be necessary for carrying out or giving effect to the provisions of the Tokyo Convention.


document_id: tca-1988
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “appointed member”, in relation to a Town Council, means a person who has been appointed to be a member of the Town Council under section 8 or 9(8); “Board” means the Housing and Development Board established under the Housing and Development Act 1959; “chairperson”, in relation to a Town Council, means the chairperson of the Town Council and includes an acting chairperson of the Town Council; “charges” means the conservancy and service charges levied by a Town Council under section 53; “commercial property” means any building or premises vested in or belonging to the Board (or part of such building or premises) which is permitted under the Planning Act 1998 to be used wholly or partly as — ( a ) a market, food centre, confectionery, bakery, restaurant or bar, or an eating house; ( b ) an office or a place of business and for conducting administrative work; [S 759/2022] ( c ) a shop or premises for the carrying on of any trade or business where the primary purpose is the sale of goods by retail or the provision of services; Examples A furniture shop, department store, supermarket, dispensary, medical clinic, dental clinic, beauty salon, ticket agency, travel agency, laundry shop, dry cleaner’s shop, pet shop, video games arcade, computer gaming centre, billiard saloon, bowling alley, bank or multimedia kiosk, or an automated teller machine. ( d ) a place — (i) for the care or education, or care and education, of children below 7 years of age; or (ii) at which 5 or more school-going children who are 7 years of age or older but below 14 years of age are habitually received for the purposes of care and supervision before or after school hours; ( e ) premises — (i) for the reception, lodging and care of aged or disabled persons or persons suffering or convalescing from any sickness, injury or infirmity; or (ii) for any type of examination of the human body or of any matter derived from the human body for the purpose of providing information for the diagnosis, prevention or treatment of any disease or for the assessment of the health of any person; Examples A hospice, convalescent home or nursing home, or a dialysis centre, cancer screening centre or medical health centre. ( f ) a kindergarten registered under section 23 of the Education Act 1957 or an institution providing education or instruction; Examples A tuition centre, language school, computer school, music school, dance school, speech and drama school, child development centre or play school, or an art school or acting school. ( g ) a sports club, community centre, community club, family service centre or residents’ committee centre, or premises for community-based activities, and includes an office of such a club, centre or committee; or ( h ) a police post, fire station or civil defence centre, but excludes any property specified or described by the Minister, by order in the Gazette , as not to be a commercial property for the purposes of this Act; “common property”, in relation to any residential or commercial property in a housing estate of the Board, means so much of the land and all parts of any building of the Board as are not comprised in the flats in the building and, for any housing estate mentioned in section 77(4), in respect of which a handover notice issued under section 77 is in effect, and includes — ( a ) the columns, beams, supports, external walls, roofs and storage spaces, lobbies, corridors, stairs, stairways, fire escapes, entrances and exits; ( b ) firefighting and protection system; ( c ) the central and appurtenant installations for services such as power, light, sanitation and water; ( d ) the escalators, lifts, water tanks, pumps, motors, fans, compressors, ducts and all other apparatus and installations existing for common use; ( e ) the common facilities in the housing estate built for the use or enjoyment of the residents; ( f ) all recreational or community facilities, and gardens; ( g ) all directional signs and signboards; ( h ) the land appurtenant to the building and all other parts of the land intended for the use or enjoyment of the residents; and ( i ) such other property as may be prescribed, but does not include — ( j ) bus terminals and interchanges; ( k ) drains, sewers and lightings maintained by the Government; ( l ) swimming pools and other sports complexes; ( m ) public roads and parking places; and ( n ) such other property as may be prescribed; “constituency” means an electoral division under the Parliamentary Elections Act 1954 and includes a group representation constituency; “elected member”, in relation to a Town Council, means a Member of Parliament for any constituency comprised within the Town for which the Town Council is established; “finance manager”, for a Town Council, means an individual (other than a member) who occupies a position in the Town Council and is primarily responsible to the Town Council for — ( a ) the supervision and administration of the accounting systems of the Town Council, including — (i) keeping proper accounts and records of the Town Council’s transactions and affairs; (ii) ensuring that all payments out of the Town Council’s moneys are correctly made and properly authorised; and (iii) ensuring that adequate control is maintained over the receipt, custody, investment, safekeeping and expenditure of moneys and other assets of, or in the custody or control of, the Town Council; ( b ) the preparation and revision of estimates of the revenue and expenditure of the Town Council under section 51; ( c ) ensuring that the financial statements of the Town Council comply with this Act; and ( d ) generally all financial matters relating to the Town Council; “Financial Rules” means the rules made under section 57; “flat” means a horizontal stratum of any building or part thereof, whether the stratum is on one or more levels or is partially or wholly below the surface of the ground, which is used or intended to be used as a complete and separate unit for the purpose of human habitation or business; “general manager”, for a Town Council, means an individual (other than a member) who occupies a position in the Town Council having the general control and management of the administration of the Town Council, and includes any individual, by whatever name called, who exercises such general control and management; “group representation constituency” means any electoral division declared to be a group representation constituency under the Parliamentary Elections Act 1954; “housing estate” means any housing estate built on any land vested in or held in trust for the Board; “inspector” means an inspector of Town Councils appointed under section 62; “key officer”, for a Town Council, means any of the following individuals, whether or not an employee of the Town Council: ( a ) the secretary to the Town Council; ( b ) the general manager of the Town Council, if there is one; ( c ) a finance manager of the Town Council (however designated); ( d ) an individual who is appointed a deputy to any officer in paragraph ( a ), ( b ) or ( c ) (however designated); ( e ) a chairperson of any committee of a Town Council where formed under section 45 for any of the following matters: (i) internal audit; (ii) finance; (iii) procurement of goods or services; (iv) publicity and public relations; (v) estate management; “lease” includes an agreement for a lease or tenancy and “leased” is to be construed accordingly; “managing agent”, for a Town Council, means a person (whether or not the person carries on any other business) who is engaged or appointed, for monetary or other reward, to exercise any power or perform any function or duty of the Town Council under this Act, such as (but not limited to) all of the following: ( a ) managing common property within the Town of the Town Council; ( b ) controlling the use of common property by residents of the housing estates within the Town or other persons; ( c ) maintaining and repairing common property or engaging appropriately qualified tradespersons to do so; ( d ) arranging building inspections and reports; ( e ) keeping and maintaining documents and records relating to any function, duty or power of the Town Council; ( f ) undertaking the financial management of the Town Council’s funds and books of account; ( g ) paying disbursements and expenses incurred in connection with the person’s management of the Town Council; ( h ) arranging for insurance for the Town Council; ( i ) paying accounts in relation to the Town Council, such as accounts for water and electricity charges, but excludes the following individuals when performing any activity that is a function, duty or power of the Town Council under this Act: ( j ) a member of, the secretary to or other employee of the Town Council; ( k ) an employee or similar officer of a managing agent of the Town Council; “member” means an elected member or an appointed member; “owner”, in relation to any property sold by the Board, includes a person who has purchased a leasehold interest in the property and a purchaser under an agreement for a lease; “residential property” means any building or other premises vested in or belonging to the Board or any part of the building or premises which is permitted to be used pursuant to the Planning Act 1998 or any other written law wholly for the purpose of human habitation; “secretary” means any individual appointed by a Town Council under section 22 to be the secretary to the Town Council; “single Member constituency” means a constituency that is not a group representation constituency; “statutory authority” means a body or an office that is established or constituted by or under a public Act to perform or discharge a public function, but does not include the Board or any Town Council; “surplus”, for any fund established under section 47, means an excess of the assets over liabilities of the fund at the end of a financial year; “Town” means any area declared to be a Town under section 3; “Town Council”, in relation to a Town, means the Town Council established under section 4 for that Town; “Town Council Fund” means the Town Council Fund constituted under section 47; “vice-chairperson”, in relation to a Town Council, means a vice‑chairperson of the Town Council. [47/2004; 17/2017; 34/2017] (2) This Act does not apply to any property of the Board that the Minister may by order specify. [34/2017; 4/2021] (3) Any order made under subsection (2) may provide for this Act not to apply either indefinitely or for a specified period and may contain such incidental, consequential or supplementary provisions as may appear to the Minister to be necessary or proper. (4) In this Act, a reference to the date on which any election results for a constituency are declared is a reference to the date the results of an election in that constituency are published in the Gazette under section 33 or 51 of the Parliamentary Elections Act 1954. [17/2017] [Act 8 of 2023 wef 14/06/2024] (5) In this Act, a person is in a position to exercise a significant influence over or with respect to the management or operation of the business of the managing agent or auditor of a Town Council if the person — ( a ) holds (whether in the person’s own right or on behalf of any other person) the position of director, partner or other executive position (however designated) in the business of the managing agent or auditor; ( b ) is entitled to exercise, by voting or otherwise and whether exercisable alone or in association with others, and whether in the person’s own right or on behalf of any other person, any power to participate in any directorial, managerial or executive decision in the business of the managing agent or auditor; or ( c ) is a substantial shareholder (within the meaning of section 81 of the Companies Act 1967) of the managing agent or auditor, which is a company. [17/2017]


document_id: tca-1988
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Declaration of Towns
content:
3. —(1) For the purposes of constituting a Town Council to control, manage, maintain and improve the common property of residential and commercial property in the housing estates of the Board in any area, the Minister may by order published in the Gazette , declare to be a Town by such name as the Minister may designate in the order an area comprising — ( a ) a single constituency; or ( b ) any 2 or 3 constituencies where the Members of Parliament agree to their constituencies being declared to be a Town. [17/2017] (2) An order under subsection (1) that declares a constituency to be, or to be comprised in, a Town — ( a ) is not invalidated by reason only of a change in the boundaries of the constituency pursuant to section 8 or 20A(1) of the Parliamentary Elections Act 1954; but ( b ) is to continue to be in force until the order is revoked after the first general election after the change in those boundaries. [17/2017] (3) In the event of a general election following the dissolution of Parliament, an order under subsection (1) declaring all Towns must be made by the Minister — ( a ) on the 14th day after the last date the election results are declared for the respective constituencies; and ( b ) with effect from that day. [17/2017] (4) An order under subsection (1) may be amended from time to time, and may contain supplementary provisions (not inconsistent with subsections (5), (6) and (7)) that may be desirable, necessary or expedient in consequence of any change to the boundaries of the area of a Town, such as but not limited to the following: ( a ) the dissolution of a Town Council; ( b ) the sale, transfer or disposition of any property or rights and liabilities of a Town Council for the affected area, including property, rights and liabilities that would not otherwise be capable of being transferred; ( c ) the apportionment or adjustment between Town Councils of property, income or expenditure, or rights and liabilities in connection with the affected area; ( d ) the continued operation of the by-laws made by a Town Council for the affected area and for the amendment or revocation by another Town Council of those by-laws, even if the by‑laws were not originally made by that other Town Council; ( e ) the imposing of a duty on a Town Council to provide another Town Council with all such documents and information and other assistance as the other Town Council may reasonably require for the purposes of, or in connection with, the assumption of responsibility by that other Town Council for the affected area; ( f ) the change of name of any Town Council; ( g ) specifying for the purposes of subsection (5) the successor Town Council for a dissolved Town Council. [17/2017] (5) Where an order under subsection (1) provides for an area comprised within a Town (called in this section Town A) to constitute part of another Town (called in this section Town B) — ( a ) the Town Council for Town A (called in this section the transferring Town Council); or ( b ) if the Town Council for Town A is dissolved, the successor Town Council to that Town Council, continues to be liable, for a period specified in the order (being not more than 90 days) or a shorter period agreed between the Town Council for Town B (called in this section the receiving Town Council) and the transferring Town Council or successor Town Council for Town A (as the case may be), for the maintenance and management of the common property of the residential and commercial property in the housing estates of the Board within that area as if the order had not been made. [17/2017] (6) Upon the expiry of the period mentioned in subsection (5), the receiving Town Council is liable for the maintenance and management of that common property. [17/2017] (7) Nothing in subsection (5) authorises the transferring Town Council or successor Town Council for Town A (as the case may be) to draw on — ( a ) any surpluses of the Town Council which are required under section 48 to be transferred to its sinking funds; or ( b ) any balance of those surpluses, to maintain and manage the common property of the residential and commercial property in the housing estates of the Board within the relevant area. [17/2017] (8) For the purposes of this Act, where any part of the common property of any residential or commercial property is situated partly in the Town of one Town Council and partly in the Town of another, the Town Councils may agree that such part is treated as situated in such one of the Towns as is specified in the agreement; and in default of agreement the situation of such part must be determined by the Minister whose decision is final.


document_id: tca-1988
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 4
title: Establishment of Town Council
content:
4. A Town Council is established by this section for every Town unless the Town Council is dissolved under this Act. [17/2017]


document_id: tca-1988
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 5
title: Incorporation
content:
5. A Town Council is a body corporate with perpetual succession by the name “The Town Council” with the addition of the name of the particular Town and may sue and be sued in the corporate name of that Town Council.


document_id: tca-1988
provision_ref: s6
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 6
title: Common seal
content:
6. —(1) A Town Council must have a common seal, and the fixing of the seal must — ( a ) be authorised or ratified by resolution of the Town Council; and ( b ) be authenticated by the signatures of the chairperson or any vice‑chairperson and any member of the Town Council authorised by resolution of the Town Council generally or specially to act for that purpose. (2) Any document purporting to be a document duly executed under the seal of a Town Council shall be received in evidence and is, unless the contrary is proved, deemed to be a document so executed.


document_id: tca-1988
provision_ref: s7
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 7
title: Certain contracts and instruments not required to be under seal
content:
7. Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed on behalf of a Town Council by any person generally or specially authorised by the Town Council for that purpose.


document_id: tca-1988
provision_ref: s8
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 8
title: Composition of Town Council
content:
8. —(1) A Town Council consists of — ( a ) the elected member or members ex officio; and ( b ) such other members appointed by the chairperson in accordance with subsections (2) and (3). [17/2017] (2) The chairperson must, within 30 days of assuming his or her office, appoint the members under subsection (1)( b ) on the nomination of the elected members, each of whom (including the chairperson) may nominate such number of members as they may agree or, if they fail to agree, an equal number of members, of whom at least two‑thirds must be residents of any housing estate of the Board within the Town. (3) At least 6 individuals must be appointed under subsection (1)( b ) as appointed members of a Town Council, but the maximum number that may be so appointed is the higher of the following: ( a ) 10 for each Member of Parliament required to be returned at any parliamentary election for each constituency comprised in the Town of that Town Council; ( b ) 30. [17/2017]


document_id: tca-1988
provision_ref: s9
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 9
title: Chairperson and vice-chairpersons
content:
9. —(1) Subject to subsection (3), a chairperson of a Town Council for a Town is — ( a ) if the area of the Town comprises only one single Member constituency — the Member of Parliament for that constituency; and ( b ) if the area of the Town comprises a single group representation constituency, or 2 or 3 constituencies — whoever is chosen by the elected members of the Town Council from among themselves to be the chairperson. [17/2017] (2) Unless otherwise provided in subsection (4), the chairperson of a Town Council for a Town (as determined under subsection (1)) assumes that office as follows: ( a ) for a Town declared after a general election — on the day that the order made under section 3(1) in the circumstances in section 3(3) takes effect; ( b ) for a Town comprising one or more constituencies in which a by-election is held — (i) if the Town comprises only one single Member constituency — on the day after the day the candidate is declared returned as the Member of Parliament for that constituency under section 49(7E)( a ) or 49A(5) of the Parliamentary Elections Act 1954, whichever happens; or (ii) if the Town comprises a single group representation constituency, or 2 or 3 constituencies — on the 14th day after the last date the election results are declared for the constituency or constituencies in which the by‑election is held; ( c ) for any other case — on the date the Town for the Town Council is declared under section 3. [17/2017] (3) If the choice required by subsection (1)( b ) is not made by the elected members of a Town Council on or before the applicable date mentioned in subsection (2), the Minister must appoint the chairperson for that Town Council from among its elected members. [17/2017] (4) The chairperson so appointed under subsection (3) assumes office on the day immediately after the applicable date mentioned in subsection (2), and holds office for such term as the Minister may determine. [17/2017] (5) The chairperson must appoint from among the members not more than 2 vice‑chairpersons for such term, not exceeding 2 years, as the chairperson may determine. (6) The chairperson or a vice‑chairperson, if he or she is an elected member, holds office as chairperson or vice‑chairperson (as the case may be) only so long as he or she is an elected member and is eligible for re‑appointment. (7) Where all the elected members of a Town Council have vacated their seats in Parliament by reason of a dissolution of Parliament or otherwise, the appointed members must, with the approval of the Minister, forthwith appoint one of their number to act as chairperson for such term as they may determine; and where such members fail to do so, the Minister must appoint any appointed member to act as chairperson for such term as the Minister may determine. (8) Any chairperson appointed under subsection (7) may, with the approval of the Minister, appoint at least 6 and not more than 30 members, of whom at least two‑thirds must be residents of any housing estate of the Board within the Town. (9) The appointment of any chairperson under subsection (7) — ( a ) terminates upon the assumption of office of the elected member or members of the Town Council for the Town after the general election; or ( b ) may be revoked by the Minister if the Minister is satisfied that it is desirable in the public interest to do so and thereupon another chairperson must be appointed in the same manner prescribed in subsection (7). [17/2017] (10) To avoid doubt, an individual’s appointment as an appointed member is not affected by reason only of the revocation — ( a ) by the Minister under subsection (9)( b ) of the individual’s appointment to act as chairperson; or ( b ) by the chairperson under subsection (11) of the individual’s appointment to act as vice‑chairperson. [17/2017] (11) The chairperson may at any time revoke the appointment of any vice‑chairperson without assigning any reason. (12) The chairperson and any vice‑chairperson of a Town Council must, as soon as practicable after their assumption of office, complete a declaration of acceptance of such office in the form prescribed by rules under section 82 and deliver the declaration to the Minister. [17/2017] (13) Any failure to comply with subsection (12) by the chairperson or vice‑chairperson does not invalidate his or her term of office.


document_id: tca-1988
provision_ref: s10
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 10
title: Duties of chairperson and vice‑chairpersons
content:
10. —(1) The chairperson presides at meetings of the Town Council and performs such other duties as are prescribed in this Act. (2) In the chairperson’s absence, or if at any time the office of the chairperson is vacant, any vice‑chairperson is to preside at meetings of the Town Council and perform such other duties of the chairperson as are prescribed in this Act. (3) If the chairperson and vice‑chairpersons are absent from a meeting of the Town Council, the members present must elect from among themselves a temporary chairperson to preside at that meeting.


document_id: tca-1988
provision_ref: s11
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 11
title: Chairperson to have casting vote
content:
11. At any meeting of a Town Council, the chairperson or the person presiding has an original vote and also, if the votes are equal, a casting vote.


document_id: tca-1988
provision_ref: s12
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 12
title: Resignation of chairperson and vice‑chairpersons
content:
12. —(1) The chairperson must not resign or vacate his or her office and any purported resignation or vacation of office in breach of this section is deemed to be invalid. (2) Where a Town Council has more than one elected member, the chairperson may resign his or her office if another elected member is appointed in the chairperson’s place by the elected members. (3) Subject to subsection (2), the chairperson may resign his or her office by giving written notice under the hand of the chairperson to the Minister. (4) A vice‑chairperson may resign his or her office by giving written notice under the hand of the vice‑chairperson to the chairperson. (5) Where the chairperson or a vice‑chairperson dies or the office of chairperson or vice‑chairperson is otherwise vacated, another chairperson or vice‑chairperson (as the case may be) must be appointed within 7 days after the death or vacation of office and section 9 applies, with the necessary modifications, to such appointment. (6) Subsections (1) and (2) do not apply to any chairperson appointed under section 9(7).


document_id: tca-1988
provision_ref: s13
chapter: PART 3 - GENERAL PROVISIONS AS TO MEMBERS
section: 13
title: Tenure of office of elected members
content:
13. —(1) Subject to this section, a Member of Parliament assumes office as an elected member of a Town Council — ( a ) for a Town declared after a general election — on the day that the order made under section 3(1) in the circumstances in section 3(3) takes effect; ( b ) for a Town comprising any constituency in which a by‑election is held — on the day after the day the Member of Parliament is declared returned at the by‑election as the Member of Parliament for that constituency under section 49(7E)( a ) or 49A(5) of the Parliamentary Elections Act 1954, whichever happens; or ( c ) for a Town in any other case — on the day the Town is declared under section 3. [17/2017] (2) An elected member of a Town Council vacates office as an elected member of a Town Council only when he or she ceases to be a Member of Parliament for the constituency comprised within the Town for which the Town Council is established. [17/2017] (3) Subject to subsection (2), an elected member of a Town Council cannot resign his or her office as an elected member, and any purported resignation as an elected member of a Town Council is of no effect. [17/2017] (4) Every elected member of a Town Council who is not a chairperson or vice‑chairperson of the Town Council must, as soon as practicable after assuming office as an elected member, complete a declaration of acceptance of that office in the form prescribed by rules under section 82 and deliver the declaration to the Minister. [17/2017]


document_id: tca-1988
provision_ref: s14
chapter: PART 3 - GENERAL PROVISIONS AS TO MEMBERS
section: 14
title: Tenure of office of appointed members
content:
14. —(1) Subject to subsections (2), (4), (5), (6) and (8), an appointed member holds office for a term of 2 years and on such conditions as the chairperson may determine and is eligible for re‑appointment. [17/2017] (2) Every appointed member of a Town Council ceases to be a member upon the assumption of office of the chairperson of the Town Council under section 9(2) or (4), unless the member earlier resigns or vacates his or her office in accordance with this Act. [17/2017] (3) The chairperson may appoint any person to be a temporary appointed member of a Town Council during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of any appointed member. (4) The chairperson may, at any time, revoke the appointment of any appointed member without assigning any reason. (5) Any appointed member may resign from his or her appointment at any time by giving written notice to the chairperson. (6) The office of an appointed member must be vacated if the appointed member — ( a ) has been absent, without leave of the chairperson, from 3 consecutive meetings of the Town Council; ( b ) where the appointed member was a resident of any housing estate within the Town, ceases to be so resident; or ( c ) becomes in any manner disqualified for membership of the Town Council. (7) If an appointed member resigns, dies or has his or her appointment revoked or otherwise vacates his or her office before the expiry of the term for which he or she has been appointed, the chairperson may appoint a person to fill the vacancy for the residue of the term for which the vacating member was appointed. (8) A person must not be appointed or continue to hold office as an appointed member of a Town Council if he or she — ( a ) is not a citizen of Singapore; ( b ) is appointed under section 52(1) as the auditor of the Town Council; ( c ) is or becomes the managing agent of the Town Council; ( d ) is in a position to exercise a significant influence over or with respect to the management or operation of the business of the managing agent or appointed auditor of the Town Council; ( e ) is an undischarged bankrupt or has made any arrangement with his or her creditors; or ( f ) has been sentenced to imprisonment for a term of at least one year or to a fine of at least $2,000 and has not received a free pardon. [17/2017] (9) The disqualification of a person under subsection (8)( f ) may be removed by the President and ceases, if not so removed, at the end of 5 years beginning from the date on which the person was released from custody or the date on which the fine was imposed on the person. (10) Every appointed member of a Town Council must, as soon as practicable after being so appointed under subsection (1) or (3), complete a declaration of acceptance of that office in the form prescribed by rules under section 82 and deliver the declaration to the Minister. [17/2017]


document_id: tca-1988
provision_ref: s15
chapter: PART 3 - GENERAL PROVISIONS AS TO MEMBERS
section: 15
title: Conflict of interest and disclosure by members
content:
15. —(1) As soon as practicable after a member of a Town Council becomes aware of a conflict of interest in a question that has arisen or is about to arise before the Town Council, the member must disclose in writing the fact, nature, character and extent of the personal or financial interest that gives rise to the conflict — ( a ) in the case of the chairperson, to the secretary and all other members of the Town Council; or ( b ) in the case of any other member of the Town Council, to the secretary and — (i) to the chairperson; (ii) if the chairperson also has a conflict of interest — to a vice‑chairperson; or (iii) if both the chairperson and vice‑chairperson also have a conflict of interest — to all other members of the Town Council. [17/2017] (2) The secretary to a Town Council must ensure that every disclosure under subsection (1) in relation to any question — ( a ) is recorded in a register of interests kept and maintained in the prescribed form; and ( b ) is brought to the attention of the member presiding at a meeting of the Town Council at which that question arises or is to arise. [17/2017] (3) A member of a Town Council — ( a ) may be present at a meeting of the Town Council while a question in which the member has a conflict of interest is under consideration and may be treated as being present at a meeting for the purposes of determining quorum; but ( b ) must not participate in any decision on the question. [17/2017] (4) For the purposes of this section, a member of a Town Council has a conflict of interest in a question arising for decision by the Town Council if the member, or an associate of the member, has a personal or financial interest in how the question is decided. [17/2017] (5) However, subsection (4) does not apply merely because of an interest that is — ( a ) an interest in a question about the level of allowances or expenses to be set for members; ( b ) an interest that the member, or an associate of the member, shares in common with the general public or a substantial section of the public; ( c ) an interest of the member or an associate of the member — (i) in an appointment or a nomination for an appointment to a body with predominantly charitable objects; or (ii) in any payment or reimbursement of membership fees, or expenses related to membership, in a body mentioned in sub-paragraph (i); ( d ) an interest of the member, or an associate of the member, that is prescribed; or ( e ) an interest so remote or insignificant that it could not reasonably be regarded as likely to influence a decision. [17/2017] (6) In this section and section 16, a person is an associate of another if — ( a ) they are spouses or siblings or a parent and child or they are in a similar close family relationship; ( b ) they are in partnership; ( c ) one is a company and the other is a director or manager of the company; ( d ) one is a private company within the meaning of the Companies Act 1967 and the other is a shareholder in the company; or ( e ) a chain of relationships can be traced between them under one or more of the above paragraphs. [17/2017] (7) The secretary to a Town Council who, without reasonable excuse — ( a ) fails to keep and maintain a register of interests in the prescribed form; or ( b ) fails to comply with subsection (2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [17/2017] (8) To avoid doubt, this section is in addition to, and not in derogation of, the operation of any rule of law restricting a member of a Town Council from having any interest in contracts with the Town Council or from holding offices or possessing interests in conflict with his or her duties as such a member. [17/2017]


document_id: tca-1988
provision_ref: s16
chapter: PART 3 - GENERAL PROVISIONS AS TO MEMBERS
section: 16
title: Town Council staff, etc., to disclose conflict of interest
content:
16. —(1) This section applies — ( a ) to the secretary to a Town Council; ( b ) to an employee, a staff or the managing agent of a Town Council who has been delegated a power, function or duty of the Town Council under this Act; and ( c ) to a member of a committee of a Town Council who has been delegated a power, function or duty of the Town Council under this Act. [17/2017] (2) As soon as practicable after a person mentioned in subsection (1)( a ), ( b ) or ( c ) becomes aware of a conflict of interest that has arisen or is about to arise in a matter in which the person is conferred a power, function or duty relating to the Town Council by or under this Act, the person — ( a ) must not exercise or further exercise that power, or perform or further perform that function or duty, without the approval of the Town Council; and ( b ) must disclose the fact, nature, character and extent of the personal or financial interest that gives rise to the conflict as follows: (i) in the case of the secretary to or a member of a committee of a Town Council, or the managing agent of the Town Council — disclose to the chairperson of the Town Council in writing as soon as the secretary, member of a committee or managing agent (as the case may be) becomes aware of the conflict of interest, and to the Town Council not later than at the next meeting of the Town Council; (ii) in the case of an employee or a staff of a Town Council — disclose to the secretary to the Town Council in writing as soon as the employee or staff becomes aware of the conflict of interest. [17/2017] (3) A person mentioned in subsection (1) has a conflict of interest in a matter in which the person is conferred a power, function or duty relating to the Town Council if the person, or an associate of the person, has a personal or financial interest in how the power, function or duty is to be exercised or performed in relation to that matter. [17/2017] (4) This section is in addition to, and not in derogation of, the operation of any rule of law restricting a person mentioned in subsection (1) from having any interest in contracts with a Town Council or from holding offices or possessing interests in conflict with his or her powers, functions or duties as such a secretary to, or an employee or a staff or a managing agent of, a Town Council or a member of a committee of a Town Council. [15A [17/2017]


document_id: tca-1988
provision_ref: s17
chapter: PART 3 - GENERAL PROVISIONS AS TO MEMBERS
section: 17
title: Allowances, etc., payable to members
content:
17. —(1) Subject to subsection (2), the chairperson, vice‑chairpersons and other members of a Town Council may be paid, out of the Town Council Fund, such allowances as may be prescribed. (2) Any full-time chairperson, vice‑chairpersons and other members of a Town Council may be paid, out of the Town Council Fund, such salaries as may be prescribed. [16


document_id: tca-1988
provision_ref: s18
chapter: PART 3 - GENERAL PROVISIONS AS TO MEMBERS
section: 18
title: Validity of acts of members
content:
18. The acts and proceedings of any member of a Town Council acting as such are, despite his or her want of qualification or disqualification, as valid and effectual as if he or she had been qualified. [17


document_id: tca-1988
provision_ref: s19
chapter: PART 3 - GENERAL PROVISIONS AS TO MEMBERS
section: 19
title: Notice about members and key officers of Town Council
content:
19. —(1) Within 30 days after an individual — ( a ) assumes any of the following offices in a Town Council: (i) the chairperson; (ii) a vice‑chairperson; (iii) an elected member; (iv) an appointed member; or ( b ) is appointed as a key officer of a Town Council, the Town Council must give to the Minister a notice specifying the name and other prescribed particulars of the individual. [17/2017] (2) Within 30 days after an individual — ( a ) ceases to hold any of the following offices in a Town Council, other than because of the operation of section 9(9), 13(2) or 14(2): (i) the chairperson; (ii) a vice‑chairperson; (iii) an elected member; (iv) an appointed member; or ( b ) ceases to be a key officer of a Town Council, the Town Council must give to the Minister a notice specifying the name of the individual and other prescribed particulars about the cessation. [17/2017] (3) Within 30 days after an individual — ( a ) assumes any office mentioned in subsection (1)( a ); or ( b ) is appointed as — (i) the secretary to the Town Council; (ii) the general manager of the Town Council; (iii) a finance manager of a Town Council; or (iv) a deputy of any officer in sub-paragraph (i), (ii) or (iii), the Town Council must exhibit, in accordance with subsection (4), a notice in English specifying the name of the individual. [17/2017] (4) The notice required by subsection (3) must be — ( a ) affixed to a conspicuous part of such buildings comprised within the Town of the Town Council concerned as will secure adequate publicity for the contents of the notice; and ( b ) published in the Gazette , and at an online location accessible to residents of housing estates within that Town. [17A [17/2017]


document_id: tca-1988
provision_ref: s20
chapter: PART 4 - FUNCTIONS AND POWERS OF TOWN COUNCIL
section: 20
title: Functions of Town Council
content:
20. —(1) Subject to sections 24 and 25, the functions of a Town Council are — ( a ) to control, manage, maintain and improve the common property of the residential and commercial property in the housing estates of the Board within the Town for the benefit of the residents of those housing estates and to keep them in a state of good and serviceable repair and in a proper and clean condition; and ( b ) to exercise such powers and perform such duties as may from time to time be conferred or imposed on the Town Council by or under this Act. [17/2017] (2) Without limiting subsection (1), the functions of a Town Council include the conservancy and landscaping of the common property of the residential and commercial property in the housing estates of the Board within the Town. [18


document_id: tca-1988
provision_ref: s21
chapter: PART 4 - FUNCTIONS AND POWERS OF TOWN COUNCIL
section: 21
title: Powers of Town Council
content:
21. —(1) Subject to subsections (2), (6) and (7) and sections 24 and 25, a Town Council may — ( a ) with the prior written consent of the Board, establish and maintain places and facilities on or make improvements to the common property of the residential and commercial property for the benefit of residents of housing estates of the Board within the Town; ( b ) do, with the approval of the Minister, any of the following in relation to any facility that is erected, installed or planted within the Town but is outside of the common property of the residential and commercial property in the housing estates of the Board within the Town: (i) erect, install or plant (including landscaping) the facility; (ii) demolish and relocate the facility; (iii) repair and maintain the facility, provided that the owner of the property on which the facility is erected, installed, planted, demolished or relocated consents; ( c ) acquire and hold property of any description if, in the opinion of the Town Council, the property is necessary for the accommodation of the Town Council or for the performance of any purpose which the Town Council is required or is permitted by this Act to perform and, subject to the terms and conditions upon which the property is held, to dispose of the property; ( d ) set such charges as the Town Council from time to time thinks fit for all or any of the following if prescribed by rules under section 82: (i) for use of any common property within the Town or any part of the common property; (ii) for use of any improvements made by the Town Council to that common property; (iii) for such use of any services and facilities provided by the Town Council; ( e ) appoint agents to carry out its functions under this Act; ( f ) accept gifts and donations whether of property or otherwise and whether subject to any special trust or not; and ( g ) do all such other acts as are reasonably necessary for the exercise or performance of all or any of the powers or duties of the Town Council under this Act and for the enforcement of its by-laws and perform any other function which is incidental or conducive to the attainment or furtherance of the purposes of the Town Council in accordance with the provisions of this Act. [23/2005; 17/2017] (2) However, nothing in subsection (1) confers any power on a Town Council to wholly remove, demolish or destroy, without the prior consent of the Board, any recreational equipment or other installation or structure that — ( a ) is situated on any common property in a housing estate within its Town; and ( b ) is not constructed by the Town Council. [17/2017] (3) A Town Council may — ( a ) manage or maintain — (i) any parking place, or any market or food centre, of the Board upon terms and conditions agreed between the Town Council and the Board; or (ii) any market or food centre of the Government upon terms and conditions agreed between the Town Council and the Government; or ( b ) carry out such other works on any common property of the housing estates within the Town on behalf of the Board upon terms and conditions agreed between the Town Council and the Board. [17/2017; 34/2017] (4) A Town Council may, on the request of any statutory authority or any community-based association, and with the approval of the Minister, carry out any work on behalf of the statutory authority or association on any property within the Town upon such terms and conditions as may be agreed between the Town Council and the statutory authority or association, as the case may be. [17/2017] (5) Nothing in subsection (3) authorises a Town Council to enter upon the property of any person within the Town unless the consent of the owner of the property has been first obtained. [23/2005] (6) Except with the prior approval of the Minister, and despite subsection (1)( g ), a Town Council for a Town has no power to carry on substantial trading or financial activities other than — ( a ) activities relating to the control, management, maintenance and improvement of the common property of the residential and commercial property in the housing estates of the Board within the Town; ( b ) activities to keep that common property in a state of good and serviceable repair and in a proper and clean condition; or ( c ) activities expressly permitted under any provision of this Act. [17/2017] (7) Despite subsection (1)( d ), a Town Council is not entitled to demand or take from — ( a ) the Board (or any of its contractors or agents) a charge for carrying out an activity on any part of the common property within the Town for which the Town Council is established, where the activity is carried out in the course of performing the functions or duties of the Board; or ( b ) any other person a charge for a use that is not prescribed by rules under section 82 for the purposes of subsection (1)( d ). [17/2017] (8) A Town Council that demands or takes a charge in contravention of subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [17/2017] (9) Upon conviction of a Town Council for an offence under subsection (8) for taking a charge from any person, the Court may, in addition to any penalty that may be imposed under that subsection, order the Town Council to refund to that person the charge taken. [19 [17/2017]


document_id: tca-1988
provision_ref: s22
chapter: PART 4 - FUNCTIONS AND POWERS OF TOWN COUNCIL
section: 22
title: Secretary and other staff of Town Council
content:
22. —(1) A Town Council must appoint an individual, including any appointed member, to be the secretary to the Town Council on such terms and conditions as the Town Council may determine who is responsible to the Town Council for the proper administration and management of the functions and affairs of the Town Council in accordance with this Act. (2) However, an individual is disqualified from being appointed under subsection (1) as, and must stop being, the secretary to a Town Council if the individual — ( a ) is appointed under section 52(1) as the auditor of the Town Council; ( b ) is or becomes the managing agent of the Town Council; or ( c ) is in a position to exercise a significant influence over or with respect to the management or operation of the business of the managing agent of the Town Council. [17/2017] (3) The individual appointed as the secretary to a Town Council must, as soon as practicable after assuming the appointment, complete a declaration of acceptance of that appointment in the form prescribed by rules under section 82 and deliver the declaration to the Minister. [17/2017] (4) A Town Council may appoint such other staff on such terms and conditions as it may determine to assist the secretary. (5) However, an individual is disqualified from being appointed under subsection (4) as, and must stop being, a relevant key officer of a Town Council if the individual — ( a ) is appointed under section 52(1) as the auditor of the Town Council; ( b ) is or becomes the managing agent of the Town Council; or ( c ) is in a position to exercise a significant influence over or with respect to the management or operation of the business of the managing agent of the Town Council. [17/2017] (6) The individual appointed as a relevant key officer of a Town Council must, as soon as practicable after assuming the appointment, complete a declaration of acceptance of that appointment in the form prescribed by rules under section 82 and deliver the declaration to the Minister. [17/2017] (7) In this section, “relevant key officer” means an individual occupying a position (however designated) of — ( a ) the general manager of the Town Council; ( b ) a finance manager of the Town Council; or ( c ) a deputy of the general manager or finance manager of the Town Council. [20 [17/2017]


document_id: tca-1988
provision_ref: s23
chapter: PART 4 - FUNCTIONS AND POWERS OF TOWN COUNCIL
section: 23
title: Duties of Town Council
content:
23. —(1) A Town Council must, for the purposes of the residential and commercial property in the housing estates of the Board within the Town — ( a ) control, manage and administer the common property of the residential and commercial property for the benefit of the residents of those estates; ( b ) properly maintain and keep in a state of good and serviceable repair the common property of the residential and commercial property; ( c ) contribute such sum towards the premiums to be paid by the Board for the insurance of the common property of the residential and commercial property against damage by fire as the Minister may, by written notice to the Town Council, determine; ( d ) where necessary, renew or replace any fixtures or fittings comprised in the common property of the residential and commercial property; ( e ) provide essential maintenance and lift rescue services to the residents of the residential and commercial property; ( f ) properly maintain and keep in a good and serviceable repair (including landscaping of) the facilities within the Town that is outside the common property of the residential and commercial property in the housing estates of the Board within the Town, where the facilities are erected, installed or planted by the Town Council with the approval of the Minister and the consent of the owner of the property on which the facilities are erected, installed or planted; ( g ) comply with the provisions of this Act and the rules made under this Act; and ( h ) comply with any notice or order served on it by any competent, public or statutory authority requiring the abatement of any nuisance on the common property of the residential and commercial property or ordering repairs or other work to be done in respect of the common property. [23/2005] (2) Where a requirement or duty is imposed on a Town Council by this section, the Board or any person for whose benefit, or for the benefit of whose flat that requirement or duty is imposed on the Town Council, may apply to the General Division of the High Court for an order compelling the Town Council to carry out the requirement or perform the duty, as the case may be. [40/2019] (3) On an application being made under subsection (2), the General Division of the High Court may make such order as it thinks proper. [21 [40/2019]


document_id: tca-1988
provision_ref: s24
chapter: PART 4 - FUNCTIONS AND POWERS OF TOWN COUNCIL
section: 24
title: Interaction between Town Council and statutory authorities
content:
24. —(1) A Town Council must, in the exercise of its powers and the performance of its functions and duties under this Act in relation to the residential property and commercial property in the housing estates of the Board within its Town, work cooperatively and in collaboration with the following for the benefit of the residents of those estates: ( a ) the Board in the discharge of the Board’s functions under the Housing and Development Act 1959; ( b ) any statutory authority or public officer performing functions (but without specific power) under any written law for any of the following purposes: (i) securing public safety and ensuring public order in or around the Town; (ii) preventing disease or injury, or creating and maintaining a healthy environment in or around the Town; (iii) urban development that integrates electronic, information and communication technologies so as to improve quality of life for residents in and around the Town. [17/2017] (2) Where — ( a ) the Board, or a statutory authority or public officer mentioned in subsection (1)( b ), intends to perform within the Town for which a Town Council is established, a function under any written law for any of the purposes mentioned in subsection (1)( a ) or ( b ), as the case may be; ( b ) the Board, or the statutory authority or public officer, has given to the Town Council a notice of its or the officer’s intention to perform that function on or in relation to the common property of the residential and commercial property in the housing estates of the Board within the Town; and ( c ) the Town Council has unreasonably delayed, hampered or prevented the performance of that function on or in relation to that common property, the Board, or the statutory authority or public officer (as the case may be) with the consent of the Board, may give notice to the Town Council concerned requiring the Town Council (according to the circumstances of the case) to do, or to refrain from doing, such things as are specified in the notice as to facilitate or enable the Board, or the statutory authority or public officer (as the case may be), to so perform that function. [17/2017] (3) If a notice given to a Town Council under subsection (2) is not complied with, the Board, or the statutory authority or public officer (as the case may be) may — ( a ) carry out, or cause to be carried out, all or any of the things as are specified in the notice, and perform its or the officer’s function on or in relation to the common property of the residential and commercial property in the housing estates of the Board within the Town; and ( b ) recover all expenses reasonably incurred by the Board, or the statutory authority or public officer (as the case may be) carrying out those things. [17/2017] (4) Without affecting subsection (3), if a Town Council fails, without reasonable excuse, to comply with the requirements of a notice given to it under subsection (2), that Town Council shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part of a day during which the offence continues after conviction. [17/2017] (5) To avoid doubt, this section is in addition to, and not in derogation of, any other written law that makes it an offence to obstruct or impede a public officer or statutory authority or the Board, or an officer of a statutory authority or the Board, in the performance of its or the officer’s public function. [17/2017] (6) This section does not apply to or in relation to any emergency‑related purpose within the meaning of section 25. [17/2017] (7) To avoid doubt, this section does not prohibit a Town Council from proposing reasonable terms and conditions for carrying out activities mentioned in section 21(3) or (4). [21A [17/2017]


document_id: tca-1988
provision_ref: s25
chapter: PART 4 - FUNCTIONS AND POWERS OF TOWN COUNCIL
section: 25
title: Direction to Town Councils for emergency-related measures
content:
25. —(1) The Minister may, by written direction given to a Town Council — ( a ) require the Town Council to prepare itself to deal with specified kinds of emergency-related purposes; or ( b ) require that — (i) access be given to specified kinds of services by the Town Council for specified kinds of emergency‑related purposes; or (ii) priority of access be given to specified kinds of services by the Town Council for specified kinds of emergency‑related purposes. [17/2017] (2) Every direction under subsection (1)( b ) must specify the Ministry, department or statutory authority to whom access, or priority of access, must be given. [17/2017] (3) The manner in which those preparations are to be made or that access, or priority of access, is to be given must be set out in the direction under subsection (1). [17/2017] (4) The terms and conditions on which the preparations are to be made or that access, or priority of access, is to be given must be set out in the direction under subsection (1). [17/2017] (5) A Town Council must comply with every direction given to it under subsection (1). [17/2017] (6) A Town Council that fails to comply with any direction of the Minister given under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [17/2017] (7) In this section, “emergency-related purpose” means a purpose related to the management of — ( a ) a public health emergency within the meaning of the Infectious Diseases Act 1976; ( b ) a civil defence emergency within the meaning of the Civil Defence Act 1986; or ( c ) any other public emergency (natural or otherwise). [21B [17/2017]


document_id: tca-1988
provision_ref: s26
chapter: PART 4 - FUNCTIONS AND POWERS OF TOWN COUNCIL
section: 26
title: Power of Town Council to carry out certain works
content:
26. —(1) Where any defect occurs in any pipe, wire, cable, duct or other apparatus within a flat in any residential or commercial property of the Board within the Town which is used for or in connection with the carrying, conveying or supplying to such property of water, sewerage, drainage, gas, electricity, garbage or artificially cooled air, the Town Council may carry out such work as is necessary to rectify the defect. (2) Where — ( a ) a Town Council incurs any expenses or performs any repairs, works or acts that it is required or authorised by this Act or by any other written law to perform (whether or not the expenses were incurred or the repairs, works or acts were performed consequent upon the service on it by any Government or statutory authority of any notice or order); and ( b ) the expenses or the repairs, works or acts were rendered necessary by reason of any wilful or negligent act or omission on the part of, or breach of any provision of the by-laws of the Town Council by, any person or the person’s tenant, licensee or invitee, the amount of those expenses expended by the Town Council in performing the repairs, works or acts are recoverable by the Town Council from that person. [22


document_id: tca-1988
provision_ref: s27
chapter: PART 4 - FUNCTIONS AND POWERS OF TOWN COUNCIL
section: 27
title: Power of entry
content:
27. —(1) For the purpose of carrying out any work — ( a ) under section 23 or 26; or ( b ) required to be carried out by a notice served on it by any public authority or statutory board or by an order of the Commissioner of Buildings under the Building (Strata Management) Act 2004 * , a Town Council may, by its employees or agents, enter upon any flat of the Board or any part of the housing estates within the Town for the purpose of carrying out the work, in the case of an emergency, at any time, or, in any other case, at any reasonable time after giving notice to any occupier of that flat or part of those housing estates. [47/2004] [Act 12 of 2020 wef 01/10/2025] [*Updated to be consistent with the 2020 Revised Edition] (2) A Town Council may, by its employees or agents, also enter at any reasonable time, upon any flat of the Board within the Town for the purpose of determining whether any work is required to be carried out by the Town Council in accordance with this Act. [23/2005] (3) A person authorised under subsection (2) to enter upon any premises must not demand to do so as of right unless prior notice of the intended entry has been given to the occupier of those premises. [23/2005] (4) A person who obstructs or hinders a Town Council in the exercise of its power under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [23 [23/2005]


document_id: tca-1988
provision_ref: s28
chapter: PART 4 - FUNCTIONS AND POWERS OF TOWN COUNCIL
section: 28
title: By-laws for regulation of housing estates
content:
28. —(1) A Town Council may make by-laws for regulating the control, management, administration, use and enjoyment of the common property of the residential and commercial property in the housing estates of the Board within the Town and generally for the purposes of exercising its powers and carrying out its duties and functions under this Act or any other Act. (2) Without limiting subsection (1), a Town Council may make by‑laws for or in respect of all or any of the following matters: ( a ) prescribing the administrative fee to be paid by any person in respect of any services provided by the Town Council or any debt due to the Town Council; ( b ) prohibiting or regulating the parking of vehicles on common property other than parking places; ( c ) prescribing the penalty (such penalty, if unpaid, to constitute a debt due to the Town Council and be recoverable as such) to be paid by the Town Council’s licensees or by any owner or tenant of any flat leased from the Board for late payment of any conservancy and service charges or licence fee due to the Town Council; ( d ) requiring deposits to be placed with the Town Council by any owner or tenant of any flat leased from the Board to secure the payment of conservancy and service charges; and ( e ) prescribing the offences which may be compounded. (3) A Town Council, owner or tenant of a flat leased from the Board within the Town, is entitled to apply to the court — ( a ) for an order to enforce the performance of or restrain the breach of any by-law made by that Town Council for the purpose in subsection (1); or ( b ) to recover damages for any loss or injury to any person or property arising out of the breach of any by-law made by that Town Council for the purpose in subsection (1), by or from any person bound to comply therewith or the Town Council (as the case may be) and the court may make such order against any such person or the Town Council as the court thinks fit. [17/2017] (4) Every by-law or amendment of or addition to or revocation of or substitution for any by-law made by a Town Council comes into operation upon the date specified therein but ceases to have effect upon the expiration of a period of one month from the date of its publication in the Gazette if prior to the expiration of that period it has been disapproved by the Minister by order in the Gazette . (5) Any order made by the Minister under subsection (4) has effect upon the date specified in the order but does not affect the validity of anything previously done under the disapproved by‑law. (6) Every by-law or amendment of or addition to or revocation of or substitution for any by‑law of a Town Council must, within 15 days of its coming into operation, be displayed in such places within the Town as the Town Council may direct. (7) Any by-law made by a Town Council must not be inconsistent with any rule made under the Housing and Development Act 1959 which is applicable to the Town and any such by‑law which is so inconsistent is, to the extent of the inconsistency, void. (8) The by-laws of a Town Council in force on the date of publication must be published annually in book form and copies thereof must be made available for purchase at a reasonable price by members of the public. (9) Any person who commits a breach of any of the by-laws made by a Town Council or makes default in complying with any of the by‑laws made by a Town Council for the purpose in subsection (1) or makes default in complying with any of those by‑laws, and every person who is knowingly a party to the breach or default shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [17/2017] (10) In this section, “flat” includes any stall in any market or food centre of the Board. [24


document_id: tca-1988
provision_ref: s29
chapter: PART 4A - LIFT UPGRADING WORKS
section: 29
title: Interpretation of this Part
content:
29. In this Part, unless the context otherwise requires — “improvement contribution” means the costs in respect of lift upgrading works recoverable by a Town Council from the owner of a flat or a Town Council under section 32; “lift upgrading works” means any building operations, demolition or installation works necessary or ancillary to installing any lift or additional lift in a building or part thereof; “precinct” means any housing estate of the Board or any part thereof within a Town that the Minister declares under section 30 to be a precinct for the purposes of this Part; “transfer” means a conveyance, sale, purchase, assignment, legal or equitable mortgage, charge, surrender or disposal in any manner of any estate or interest in a flat and includes a discharge of a mortgage, a reconveyance or the devolution of the rights of a deceased owner of a flat to another person; “voting value” means the prescribed value of the vote of an owner of a flat at any poll under this Part. [24A [23/2005]


document_id: tca-1988
provision_ref: s30
chapter: PART 4A - LIFT UPGRADING WORKS
section: 30
title: Declaration of precincts
content:
30. —(1) The Minister may, after consulting the Board and the Town Council concerned, from time to time by order in the Gazette , declare any housing estate of the Board or any part thereof within that Town Council’s Town to be a precinct for the purposes of the Town Council carrying out any lift upgrading works in buildings within the precinct. [23/2005] (2) Any order made under subsection (1) must include a plan with a description of the housing estate and the buildings within the precinct. [23/2005] (3) The Minister may, by order in the Gazette , revoke or amend any order made under subsection (1). [23/2005] (4) In this section, any reference to the Minister includes a reference to a Minister of State for the Ministry of National Development. [24B [23/2005]


document_id: tca-1988
provision_ref: s31
chapter: PART 4A - LIFT UPGRADING WORKS
section: 31
title: Lift upgrading works in a precinct
content:
31. —(1) Where any housing estate of the Board or any part thereof within a Town has been declared a precinct under section 30, the Town Council for that Town must, as soon as practicable — ( a ) make arrangements to conduct in the manner prescribed a poll of such owners of the flats within the precinct as may be prescribed with a view to establishing their opinions about the Town Council’s proposals to carry out lift upgrading works in buildings within the precinct; and ( b ) do such other things as the Minister may direct. [23/2005] (2) A poll in connection with any Town Council’s proposal to carry out lift upgrading works in any building within a precinct within its Town — ( a ) must not be conducted except with the prior written approval of the Board; and ( b ) must be a poll of such owners of such flats within the building as may be prescribed, being flats the occupants of which directly benefit from the lift upgrading works. [23/2005] (3) A Town Council may carry out lift upgrading works in any building within a precinct within its Town if, and only if — ( a ) it appears from a poll of the prescribed owners of flats mentioned in subsection (2)( b ) that the total voting value of votes in favour of the Town Council’s proposal to carry out lift upgrading works in the building is at least 75% of the total voting value of votes of all such owners; and ( b ) the Minister approves the carrying out of such lift upgrading works. [23/2005] (4) No poll is invalid by reason of any failure to comply with any provision of this Part or any rules made under this Part relating to the conduct of a poll if it appears that the poll was conducted in accordance with the principles laid down in that provision, and that the failure did not affect the result of the poll. [23/2005] (5) In this section, “owner” includes the Board in respect of any flat which the Board has not sold the leasehold interest in the flat. [24C [23/2005]


document_id: tca-1988
provision_ref: s32
chapter: PART 4A - LIFT UPGRADING WORKS
section: 32
title: Power to carry out lift upgrading works and recover improvement contributions
content:
32. —(1) As soon as practicable after the Minister has given his or her approval under section 31(3)( b ), the Town Council concerned must carry out the lift upgrading works in the precinct in such manner as the Town Council thinks fit. [23/2005] (2) Where the Town Council has completed any lift upgrading works in a building within a precinct, the Town Council may recover, by way of improvement contributions, the costs incurred by the Town Council in respect of the lift upgrading works from every owner of such flats in the building as are mentioned in section 31(2)( b ). [23/2005] (3) Subject to subsection (4), the amount of improvement contribution payable under subsection (2) by the owner of a flat must be determined by the Town Council whose decision is final. [23/2005] (4) Any improvement contribution determined by a Town Council under subsection (3) in respect of any lift upgrading works in a precinct must not be less than the improvement contribution that the Board might have determined under section 78(3) of the Housing and Development Act 1959 if the Board had carried out similar upgrading works in that precinct. [23/2005] (5) In this section and section 33, “owner”, in relation to any flat sold by the Board — ( a ) means the person who is the owner of the flat at the time the improvement contribution is determined by the Town Council under subsection (3); and ( b ) includes an equitable owner, a person who has purchased a leasehold interest in the flat and a purchaser under an agreement for a lease. [24D [23/2005]


document_id: tca-1988
provision_ref: s33
chapter: PART 4A - LIFT UPGRADING WORKS
section: 33
title: Payment of improvement contribution
content:
33. —(1) Any owner of a flat liable to pay any improvement contribution under section 32 must, upon a written demand by the Town Council concerned, pay to the Town Council the improvement contribution not later than one month from the date of the written demand. [23/2005] (2) Where — ( a ) no representation has been taken out under a will or on the intestacy of a deceased owner of a flat; or ( b ) representation has been taken out but the personal representatives fail to apply for the written consent of the Board for the transmission or transfer of the flat, the Town Council concerned may, for the purposes of recovering any improvement contribution, require the spouse (if any) of the deceased owner or any beneficiary of his or her estate who has attained the age of 21 years to pay the improvement contribution as if it is a debt owed by him or her and recoverable from him or her as such, and such person may recover from the estate of the deceased owner the sums paid by him or her to the Town Council. [23/2005] (3) If any improvement contribution or any part thereof is not paid by the owner of a flat on the date due, the owner of the flat or any other person liable to pay the improvement contribution is liable, in addition, to pay to the Town Council concerned interest and a penalty in accordance with the rates prescribed. [23/2005] (4) Such interest and penalty, if unpaid, constitutes a debt due to the Town Council concerned and is recoverable as such. [24E [23/2005]


document_id: tca-1988
provision_ref: s34
chapter: PART 4A - LIFT UPGRADING WORKS
section: 34
title: Recovery of improvement contribution from sale of flat
content:
34. —(1) Where any improvement contribution payable by the owner of any flat to a Town Council under section 32 remains unpaid on the expiry of the period of 3 months after the Town Council has served on the owner of the flat a written demand of such contribution under section 33(1), the improvement contribution (including any interest and penalty thereon) constitutes, on the expiry of that period, a charge on the flat in favour of the Town Council. [23/2005] (2) Where a Town Council has incurred or become liable for any reasonable legal costs and reasonable expenses incurred in connection with the collection or attempted collection of the unpaid improvement contribution (including any interest and penalty thereon) before it exercised its power of sale under subsection (5), such legal costs and expenses rank in priority to any other claims as if these costs and expenses were due at the date of the constitution of the charge. [23/2005] (3) A charge on a flat constituted under subsection (1) continues in force until all the improvement contributions (including any interest and penalty thereon), and the necessary or incidental charges (including legal costs) incurred by the Town Council concerned before it exercised its power of sale under subsection (5) (as the case may be) secured by the charge have been paid. [23/2005] (4) Any charge on a flat constituted under subsection (1) is subject to — ( a ) all encumbrances registered or notified under the Land Titles Act 1993 in respect of that flat before the date of the constitution of the charge; ( b ) all moneys due under the lease of the flat to the Board (on its own account or on account of the Central Provident Fund Board), whether before, on or after the date of the constitution of the charge; and ( c ) all moneys due to the Central Provident Fund Board under the charge constituted under section 21 or 21B of the Central Provident Fund Act 1953, whether before, on or after the date of the constitution of the charge. [23/2005] (5) Upon the constitution of the charge on a flat under subsection (1), the Town Council concerned has the power of sale and all other powers relating or incidental thereto to sell and effectually transfer the title to the flat to any purchaser as if the Town Council is a registered mortgagee, even though the charge is not registered under the Land Titles Act 1993. [23/2005] (6) Subject to subsection (7), a Town Council must not proceed to sell any flat which is subject to a charge constituted under subsection (1) unless — ( a ) notice of the intended sale has been served or published in the prescribed manner; ( b ) at the end of 90 days after the date of such notice of the intended sale, the improvement contribution or any part thereof, and any necessary or incidental charges (including legal costs) incurred by the Town Council concerned before it exercised its power of sale under subsection (5), remain due and unpaid; ( c ) there is no legal action pending in court to restrain the Town Council from proceeding with the sale; and ( d ) the Town Council has obtained prior written approval from the Board as to the eligibility of the person intending to purchase the flat. [23/2005] (7) A Town Council must not proceed under subsection (5) to sell any flat in respect of which any improvement contribution (including any interest and penalty thereon) or any part thereof is due if there is upon the flat and liable to be seized and sold by the Town Council, by enforcement order for seizure and sale of property, any movable property belonging to the owner of the flat of a value estimated by the Town Council to be sufficient to realise the sum required to satisfy such unpaid improvement contribution. [Act 25 of 2021 wef 01/04/2022] [23/2005] (8) For the purpose of estimating the value of any movable property belonging to the owner of a flat under subsection (7), a Town Council may, by its employees or agents, and at any reasonable time after giving notice to any occupier of the flat, enter upon the flat to carry out such valuation. [23/2005] (9) Where a Town Council has sold any flat under subsection (5), neither the purchaser of the flat nor the Registrar of Titles are to be concerned to inquire into the regularity or validity of the sale or transfer. [23/2005] (10) For the purpose of registering a transfer of any flat sold under subsection (5), the Registrar of Titles may dispense with the production of the duplicate lease of the flat or the duplicate subsidiary certificate of title in respect of the flat, as the case may be. [23/2005] (11) Where a charge on a flat is constituted under subsection (1), the owner of the flat is, upon payment of all the improvement contributions (including any interest and penalty thereon) due, and any necessary or incidental charges (including legal costs) incurred by the Town Council concerned before it exercised its power of sale under subsection (5), entitled to — ( a ) a certificate of discharge executed and acknowledged by the Town Council as to the receipt of such payment; and ( b ) upon the execution of the certificate of discharge or, in the event of the Town Council refusing to execute the certificate of discharge, an order of court declaring that the flat is discharged from the charge, and the flat freed from the charge constituted under subsection (1). [24F [23/2005]


document_id: tca-1988
provision_ref: s35
chapter: PART 4A - LIFT UPGRADING WORKS
section: 35
title: Application of proceeds of sale of flat
content:
35. The moneys received by a Town Council in exercise of its power of sale under section 34(5), after discharging all prior encumbrances, must be held by it in trust to be applied — ( a ) firstly, in payment of all costs and expenses properly and reasonably incurred by the Town Council as incidental to the sale or any attempted sale, or otherwise; ( b ) secondly, in payment to the Central Provident Fund Board of all moneys secured by its charge constituted under section 21 or 21B of the Central Provident Fund Act 1953 and are mentioned in section 34(4); ( c ) thirdly, in payment to the Board of such moneys due under the lease of the flat to the Board as are mentioned in section 34(4); ( d ) fourthly, in payment to the Board of all moneys secured by its charge on the flat (if any) under section 82 of the Housing and Development Act 1959 for unpaid improvement contribution, and in payment to the Town Council of all moneys secured by its charge on the flat (if any), in the order of their priority; ( e ) fifthly, in discharge, equally and without preference, of — (i) the conservancy and service charges and interest accrued and due to the Town Council at the date of the sale; and (ii) any improvement contribution (including any interest and penalty thereon) accrued and due to the Town Council at the date of the sale, whether or not secured by any charge under section 32; ( f ) sixthly, in discharge of any improvement contribution (including any interest and penalty thereon) accrued and due to the Board at the date of the sale, which is not secured by any charge under section 78 of the Housing and Development Act 1959; ( g ) seventhly, in payment of subsequent mortgages and charges (if any) in the order of their priority; and ( h ) finally, the residue of such moneys so received must be paid to the person who appears from the land‑register kept under the Land Titles Act 1993 to be entitled to the flat sold or to be authorised to give receipts for the proceeds of the sale thereof. [24G [23/2005]


document_id: tca-1988
provision_ref: s36
chapter: PART 4A - LIFT UPGRADING WORKS
section: 36
title: Recovery of payments due to Town Council
content:
36. Any improvement contribution, interest and penalty payable to a Town Council under this Part may be recovered by the Town Council by an action for a debt in any court of competent authority. [24H [23/2005; 33/2018]


document_id: tca-1988
provision_ref: s37
chapter: PART 4A - LIFT UPGRADING WORKS
section: 37
title: Power of Minister to make rules
content:
37. —(1) The Minister may make rules for giving effect to the provisions of this Part and for the due administration thereof and, in particular, for or with respect to all or any of the following matters: ( a ) prescribing the manner and procedure for obtaining at a poll, the opinion of owners of flats for lift upgrading works; ( b ) prescribing the voting value of votes by owners of flats, including different voting values in respect of different classes of owners; ( c ) prescribing the manner for recovering the improvement contribution from owners of the flats; ( d ) prescribing the interest and penalty to be paid by any person for the late payment of any improvement contribution; ( e ) prescribing any expenditure limits for lift upgrading works; ( f ) prescribing anything that may be prescribed. [23/2005] (2) The Minister may, in making any such rules, provide that — ( a ) any contravention of, or failure or neglect to comply with, any provision of the rules shall be an offence punishable with a fine not exceeding $5,000; and ( b ) where an offence under the rules committed by a Town Council is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, its chairperson or secretary, or any individual who was purporting to act in any such capacity, that chairperson, secretary or individual (as the case may be) as well as the Town Council shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. [24I [23/2005]


document_id: tca-1988
provision_ref: s38
chapter: PART 4A - LIFT UPGRADING WORKS
section: 38
title: Saving of other rights of Town Council
content:
38. —(1) Nothing in this Part is to be construed to affect the right of a Town Council to enforce any breach of covenant, condition or undertaking under any licence, lease, tenancy or mortgage or any other agreement in respect of any flat within its Town. [23/2005] (2) No such right of a Town Council is to be deemed prejudiced by reason only of the Town Council’s exercise of any power or performance of any act under this Part. [24J [23/2005]


document_id: tca-1988
provision_ref: s39
chapter: PART 5 - PROCEEDINGS OF TOWN COUNCIL
section: 39
title: Standing orders
content:
39. A Town Council may make standing orders for regulating its procedure and, in particular, the standing orders may make such provision for the preservation of order at meetings as the Town Council may consider necessary. [25


document_id: tca-1988
provision_ref: s40
chapter: PART 5 - PROCEEDINGS OF TOWN COUNCIL
section: 40
title: Meetings
content:
40. —(1) A Town Council must meet at such times as may be laid down in its standing orders and may adjourn from time to time. (2) The chairperson may at any time summon a meeting of the Town Council. (3) The chairperson must, on a requisition signed by at least two‑thirds of the members of the Town Council to that effect, summon a meeting of the Town Council within 7 days of receiving the requisition. (4) The secretary must give notice of a meeting to each member of the Town Council at least 2 clear days before the day of the meeting, except in the case of an emergency meeting when as long a notice as possible must be given. (5) Accidental omission to give a notice to any member of the Town Council under subsection (4) does not affect the validity of a meeting. [26


document_id: tca-1988
provision_ref: s41
chapter: PART 5 - PROCEEDINGS OF TOWN COUNCIL
section: 41
title: Minutes
content:
41. —(1) Minutes of the proceedings of a Town Council and a committee thereof must be kept and authenticated in accordance with standing orders. (2) Until the contrary is proved, a meeting of a Town Council or a committee thereof, in respect of the proceedings of which a minute has been kept and authenticated in accordance with its standing orders, is deemed to have been duly convened and held and all the members present at the meeting are deemed to have been duly qualified. (3) Where the proceedings are proceedings of a committee, the committee is deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes. [27


document_id: tca-1988
provision_ref: s42
chapter: PART 5 - PROCEEDINGS OF TOWN COUNCIL
section: 42
title: Acts of Town Council
content:
42. —(1) All questions coming or arising before a meeting of a Town Council or a committee thereof must be decided by a majority of the members present and voting thereon. (2) Nothing in subsection (1) limits the discretion of a Town Council or a committee thereof to determine any matter by circulating papers. (3) Any papers so circulated may assume the agreement of the Town Council or the committee to any matter unless a member notifies his or her disagreement within such time as may be specified in such papers. [28


document_id: tca-1988
provision_ref: s43
chapter: PART 5 - PROCEEDINGS OF TOWN COUNCIL
section: 43
title: Quorum
content:
43. —(1) At any meeting of a Town Council, one-third of the number of members constitutes a quorum. (2) The quorum for any committee of a Town Council must be laid down in the standing orders of the Town Council. [29


document_id: tca-1988
provision_ref: s44
chapter: PART 5 - PROCEEDINGS OF TOWN COUNCIL
section: 44
title: Validity of acts of Town Council
content:
44. The proceedings of a Town Council or a committee thereof are not invalidated by any vacancy among its number or by any defect in the appointment or qualification of any member thereof. [30


document_id: tca-1988
provision_ref: s45
chapter: PART 5 - PROCEEDINGS OF TOWN COUNCIL
section: 45
title: Committees
content:
45. —(1) A Town Council may, by resolution, appoint such number of committees as it thinks fit for purposes which, in the opinion of the Town Council, would be better regulated and managed by means of such committees. [17/2017] (2) Subject to subsections (3) and (4), a committee appointed by a Town Council under this section may consist of such number of individuals as the Town Council thinks fit, and may include individuals who are not members. [17/2017] (3) At least one-third of the members of each committee formed under this section must be members of the Town Council, and the chairperson of a committee must be a member of the Town Council if the committee is formed under this section by a Town Council for any of the following matters: ( a ) internal audit; ( b ) finance; ( c ) procurement of goods or services; ( d ) publicity and public relations; ( e ) estate management. [17/2017] (4) An individual is disqualified from being appointed as a committee member under this section, and must cease to be such a committee member, if the individual — ( a ) is appointed under section 52(1) as the auditor of the Town Council; ( b ) is or becomes the managing agent of the Town Council; or ( c ) is in a position to exercise a significant influence over or with respect to the management or operation of the business of the managing agent of the Town Council. [17/2017] (5) Every individual who is appointed as a committee member under this section must, as soon as practicable after assuming the appointment, complete a declaration of acceptance of that appointment in the form prescribed by rules under section 82 and deliver the declaration to the Minister. [17/2017] (6) Each member of a committee formed under this section has one vote at meetings of the committee. [17/2017] (7) In addition to his or her general vote, the chairperson, or member of a committee presiding at a meeting, of the committee has, in the case of an equality of votes, a casting vote. [17/2017] (8) Subject to this Act and any restriction in a resolution under subsection (1), a committee formed under this section may regulate its own proceedings and business as it thinks fit. [31 [17/2017]


document_id: tca-1988
provision_ref: s46
chapter: PART 5 - PROCEEDINGS OF TOWN COUNCIL
section: 46
title: Delegation of powers
content:
46. —(1) A Town Council may, subject to such conditions or restrictions as it thinks fit, delegate to any member of the Town Council, or to any committee of the Town Council or to any member thereof, all or any of the powers, functions and duties by this Act (except a restricted power), and any power, function or duty so delegated may be exercised or performed by such member or committee in the name and on behalf of the Town Council. [17/2017] (2) A Town Council may, subject to such conditions or restrictions as it thinks fit, delegate to any employee thereof or any agent all or any of the powers, functions and duties by this Act (except a restricted power), and any power, function or duty so delegated may be exercised or performed by such employee or agent in the name and on behalf of the Town Council. [17/2017] (3) A Town Council may continue to exercise any power conferred upon it, or perform any function or duty under this Act, despite the delegation of such power, function or duty under this section. [17/2017] (4) Any delegation of power, function or duty under this section by a Town Council must not be inconsistent with the Financial Rules. (5) In this section, a restricted power is the power of a Town Council under this Act to make by-laws, and the power of delegation conferred by this section. [32 [17/2017]


document_id: tca-1988
provision_ref: s47
chapter: PART 6 - FINANCIAL PROVISIONS
section: 47
title: Constitution of Town Council Fund
content:
47. —(1) For the purposes of improving, managing and maintaining the common property of the residential and commercial property in the housing estates of the Board, a Town Council must establish and maintain separate funds for improvements to and the management and maintenance of residential property and of commercial property; and such funds together constitute the Town Council Fund and are, with all property which is or may become vested in the Town Council, under the direction and control of the Town Council subject to the provisions of this Act. (2) All moneys received by a Town Council by virtue of this Act or any other Act must be paid into the Town Council Fund and all liabilities falling to be discharged by a Town Council must be discharged out of that Fund. (3) All moneys of the Town Council Fund that are not immediately required must be paid into the appropriate fund established under subsection (1) to which the moneys relate and be applicable only to meet such expenses and liabilities as are properly attributable to that fund. (4) A Town Council must establish and maintain, as part of the Town Council Fund, separate sinking funds, each for residential property and for commercial property in the housing estates of the Board within the Town, to meet the expenditure and liabilities mentioned in subsection (8)( a ). [17/2017] (5) From 1 April 2017, every Town Council must also establish and maintain, as part of the Town Council Fund, a sinking fund called a lift replacement fund, each for residential property and for commercial property in the housing estates of the Board within the Town — ( a ) to meet the cost of — (i) any capital expenditure (including works, plant, equipment, appliances and insurance premiums) related to the replacement of lifts in those residential property or commercial property; or (ii) lift upgrading works under Part 4A in those residential property or commercial property; and ( b ) to pay any principal or interest on moneys borrowed or raised by the Town Council for any capital expenditure mentioned in paragraph ( a ). [17/2017] (6) From 1 April 2017, every Town Council must pay into the lift replacement fund an amount out of moneys in the Town Council’s sinking funds established under subsection (4), being not less than an amount prescribed. [17/2017] (7) The Minister may, from time to time, prescribe the minimum amount of — ( a ) the conservancy and service charges which are paid, or are due and payable, or both, to a Town Council under section 53; and ( b ) any grants-in-aid made to a Town Council under section 56, to be paid or credited into the sinking funds and the lift replacement funds established under subsections (4) and (5), respectively, established for residential property and for commercial property. [17/2017] (8) A Town Council must not disburse any moneys — ( a ) from any sinking fund otherwise than for the purposes of meeting expenses or liabilities properly attributable to that sinking fund in respect of — (i) cyclical major repainting of any part of the common property of the residential property and commercial property in the housing estates of the Board within the Town; (ii) renewal or replacement of any roofing system, water tanks, pumps and water supply system, electrical supply system and lightning protection system existing for common use or purposes of residents of the residential or commercial property in the housing estates of the Board within the Town; (iii) major repairs and maintenance of the common property of the residential property and commercial property and boundary walls of the housing estates of the Board within the Town; (iv) improvement contributions due to the Board in respect of general upgrading works carried out under Part 4A of the Housing and Development Act 1959 on any part of the common property in the housing estates of the Board within the Town; (v) any other works which may be prescribed from time to time; or (vi) paying at the end of a financial year surpluses to any lift replacement fund as authorised by subsection (12) or by the Financial Rules; ( b ) from a lift replacement fund except for the purposes specified in subsection (5)( a ) and ( b ); or ( c ) from the Town Council Fund except for the purpose of — (i) exercising its powers or carrying out its duties and functions under this Act or any other Act; (ii) paying any fine imposed on the Town Council upon its conviction for any offence; or (iii) paying at the end of a financial year surpluses to any sinking fund or lift replacement fund as authorised by subsection (12) or by the Financial Rules. [23/2005; 17/2017] (9) Any Town Council which contravenes subsection (8)( a ), ( b ) or ( c ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [23/2005; 17/2017] (10) Despite anything in this section, a Town Council may, with the approval or on the direction of the Minister, disburse moneys from an operating fund of the Town Council — ( a ) to erect, install or plant (including landscaping) any facility; ( b ) to demolish and relocate any facility; or ( c ) to repair and maintain any facility erected, installed or planted, within the Town but outside of the common property of the residential and commercial property in the housing estates of the Board within the Town, provided that the owner of the property on which the facility is erected, installed or planted consents. [17/2017] (11) All payments to and out of the Town Council Fund must be made to and by the secretary who is responsible therefor to the Town Council. (12) If at the end of a financial year of a Town Council, there is a surplus in an operating fund of the Town Council, or a surplus in a sinking fund of the Town Council established under subsection (4), the Town Council may do the following, whichever is applicable: ( a ) transfer the whole or part of the surplus in the operating fund to a sinking fund established under subsection (4) or (5); ( b ) transfer the whole or part of the surplus in a sinking fund established under subsection (4) to a lift replacement fund established under subsection (5) to make good any deficit in the lift replacement fund. [17/2017] (13) Where an order is made under section 3(1) other than in consequence of any general election or by-election under the Parliamentary Elections Act 1954, and any residential or commercial property or any part of the common property thereof is transferred from the Town of one Town Council to the Town of another, the Town Councils may agree on the amount of the sinking fund relating to such property or such part to be transferred and paid to the Town Council to which the property or part is transferred; and in default of agreement the amount must be determined by the Minister whose decision is final. [17/2017] (14) In this section — “commercial property” means any commercial property which does not form part of any residential property and includes any market and food centre; “operating fund”, for a Town Council, means a fund that is established as part of the Town Council Fund of the Town Council but is not a sinking fund established by the Town Council under subsection (4) or (5). [33 [17/2017; 4/2021]


document_id: tca-1988
provision_ref: s48
chapter: PART 6 - FINANCIAL PROVISIONS
section: 48
title: Transfer of surpluses after Parliamentary election
content:
48. —(1) Despite any other provision of this Act, where — ( a ) a writ of election is issued in respect of any constituency the area of which forms wholly or partly the area of a Town or any constituency part of which forms the area of a Town; and ( b ) there is shown in the audited balance sheet for the last completed financial year of the Town Council for that Town immediately before the issue of that writ any excess of revenue over expenditure in any fund (other than a sinking fund) established by the Town Council under section 47, the Town Council must, as soon as practicable after the relevant date specified in subsection (2), transfer in accordance with this section the excess in every such fund (called in this Act its surpluses) to such sinking fund of that Town Council as may be prescribed. (2) The relevant date mentioned in subsection (1) is — ( a ) the date on which the results of the election in the constituency are published in accordance with the Parliamentary Elections Act 1954; or ( b ) where a writ of election is issued in respect of more than one such constituency, the latest date among the dates on which the results of the election in each such constituency are published in accordance with that Act. (3) Where there is an election in any or every whole constituency within a Town without any prior alteration to the boundaries of such constituency, the Town Council for the Town must, subject to subsection (7), transfer its surpluses in the following manner: ( a ) if the Member or Members elected and the previous Member or Members for the constituency stood in elections for the same political party — 80% of its surpluses relating to such area of the Town comprised in that constituency must be transferred to the prescribed sinking funds of the Town Council relating to that area; or ( b ) if the Member or Members elected and the previous Member or Members for the constituency stood in elections for different political parties — all its surpluses relating to such area of the Town comprised in that constituency must be transferred to the prescribed sinking funds of the Town Council relating to that area. (4) Where the boundaries of any constituency within a Town are altered under the Parliamentary Elections Act 1954 and there is an election in any or every new constituency so formed — ( a ) any order made under section 3 declaring the constituency to be or to form part of the Town, and any order made under section 4 establishing a Town Council for that Town, is not invalidated on account of such alteration in the boundaries but remains valid and of full force until expressly revoked or amended; and ( b ) except as otherwise provided in subsections (5), (6) and (7), the Town Council must transfer 80% of its surpluses to the prescribed sinking funds of the Town Council. (5) Where all or any of the constituencies within a Town have been amalgamated under the Parliamentary Elections Act 1954 to form a new constituency the total area of which, either alone or together with the other constituencies, remains identical to that of the Town, and there is an election in the new constituency, the Town Council for that Town must, subject to subsection (7), transfer its surpluses in the following manner: ( a ) if the Member or Members elected for the new constituency and the previous Members of the amalgamated former constituencies stood in elections for the same political party — 80% of its surpluses relating to such area of the Town comprised in that new constituency must be transferred to the prescribed sinking funds of the Town Council relating to that area; or ( b ) if the Member or Members elected for the new constituency and the previous Members of the amalgamated former constituencies stood in elections for different political parties — all its surpluses relating to such area of the Town comprised in that new constituency must be transferred to the prescribed sinking funds of the Town Council relating to that area. (6) Where all or any of the constituencies within a Town have been subdivided under the Parliamentary Elections Act 1954 to form new constituencies the total area of which, whether on their own or together with other constituencies, remains identical to that of the Town, and there is an election in any of the new constituencies, the Town Council must, subject to subsection (7), transfer its surpluses in the following manner: ( a ) if the Member or Members elected for any such new constituency and the previous Member or Members of the subdivided former constituency stood in elections for the same political party — 80% of its surpluses relating to such area of the Town comprised in that new constituency must be transferred to the prescribed sinking funds of the Town Council relating to that area; ( b ) if the Member or Members elected for any such new constituency and the previous Member or Members of the subdivided former constituency stood in elections for different political parties — all its surpluses relating to such area of the Town comprised in that new constituency must be transferred to the prescribed sinking funds of the Town Council relating to that area. (7) Nothing in this section requires a Town Council for a Town to transfer to any of its sinking funds any part of its surpluses which — ( a ) are fixed assets owned by the Town Council on the day immediately before a writ of election is issued in respect of any constituency within the Town; or ( b ) are necessary to meet any capital commitments made or entered into by that Town Council on or before that same day. (8) For the purposes of this section — ( a ) an independent candidate is regarded as standing in an election for a political party comprising himself or herself; and ( b ) independent candidates standing for election as a group are regarded as standing in an election for a political party comprising members of that group. (9) In this section — “election” and “group” have the respective meanings given by the Parliamentary Elections Act 1954; “independent candidate” means a person who does not stand in an election for any political party, whether individually or in a group; “Member” means an elected Member of Parliament; “previous Member”, in relation to a constituency where an election is held, means the Member elected at an election immediately preceding the firstmentioned election for — ( a ) the constituency; ( b ) any former constituency that the constituency was part of; or ( c ) any former constituency forming part of the constituency; “sinking fund” means a sinking fund established under section 47(4) or a lift replacement fund established under section 47(5); “writ of election” means a writ of election issued under section 24 of the Parliamentary Elections Act 1954. [34 [17/2017]


document_id: tca-1988
provision_ref: s49
chapter: PART 6 - FINANCIAL PROVISIONS
section: 49
title: Accounts and records
content:
49. —(1) Every Town Council has a duty to ensure that there are kept in accordance with the Financial Rules — ( a ) proper accounts and records of the transactions and affairs of the Town Council; and ( b ) proper and separate accounts for each of the funds established under section 47(1), (4) and (5). [17/2017] (2) A Town Council has a duty to do all things necessary to — ( a ) ensure that all money payable to the Town Council is properly collected; ( b ) ensure that appropriate arrangements are implemented for the security of all money received by the Town Council; ( c ) ensure that all money expended by the Town Council is correctly spent and properly authorised; ( d ) ensure that adequate control is maintained over assets owned by or in the custody or control of the Town Council; ( e ) ensure that all liabilities incurred by the Town Council are properly authorised; and ( f ) ensure that its accounts and records are kept up-to-date and ready for inspection at any time by its auditor, an inspector or any other person authorised by or under this Act or any other written law to inspect those accounts and records. [35 [17/2017]


document_id: tca-1988
provision_ref: s50
chapter: PART 6 - FINANCIAL PROVISIONS
section: 50
title: Annual accounts
content:
50. —(1) A Town Council must, within 3 months after the close of each financial year, prepare and submit financial statements in such form as the Auditor-General may direct in respect of that year to the auditor. (2) The financial year of a Town Council begins on 1 April of each year and ends on 31 March of the succeeding year. (3) The first financial year of a Town Council begins on the date of its establishment and ends on 31 March of the succeeding year. [36


document_id: tca-1988
provision_ref: s51
chapter: PART 6 - FINANCIAL PROVISIONS
section: 51
title: Estimates
content:
51. —(1) Not later than one month before the end of each financial year, a Town Council must prepare, and display for public inspection in such places within the Town as it may direct, estimates of its revenue and expenditure for the next financial year together with a list of works which the Town Council proposes to undertake during the next financial year. (2) The estimates must set out, under separate headings, the sources of revenue and the distribution of expenditure. (3) Where several matters are dealt with under one heading, each such matter must be itemised and shown in a separate subheading relating to similar items. (4) The estimates may provide for — ( a ) expenditure of such sums as may be necessary to defray the cost of official ceremonies of the Town Council; and ( b ) payment of allowances and salaries to members of the Town Council. (5) The list of works must show in respect of each work — ( a ) the estimated total cost thereof; ( b ) the date on which the work is expected to be completed; and ( c ) the amount to be expended thereon during the next financial year. (6) A Town Council may from time to time revise the estimates and list of works prepared by it under subsection (1). [37


document_id: tca-1988
provision_ref: s52
chapter: PART 6 - FINANCIAL PROVISIONS
section: 52
title: Audit
content:
52. —(1) The accounts of a Town Council must be audited by the Auditor-General or such other auditor as may be appointed annually by the Town Council with the approval of the Minister after the Minister has consulted the Auditor-General. [17/2017] (2) A person is not qualified for appointment as an auditor under subsection (1) unless the person is a public accountant within the meaning of the Companies Act 1967. (3) The remuneration of the auditor must be paid out of the Town Council Fund. (4) The auditor must, as soon as practicable after the accounts have been submitted for audit by a Town Council, send a report of the auditor’s audit to the Town Council. (5) The auditor must in the auditor’s report state — ( a ) whether the financial statements show fairly the financial transactions and the state of affairs of the Town Council; ( b ) whether proper accounting and other records have been kept, including records of all assets of the Town Council whether purchased, donated or otherwise; ( c ) whether the receipts, expenditure, investment of moneys, and the acquisition and disposal of assets by the Town Council during the financial year have been in accordance with this Act; and ( d ) such other matters arising from the audit as the auditor considers should be reported. (6) The auditor may at any other time submit such periodical and special reports to the Minister and the Town Council upon any matter arising out of the performance of the auditor’s audit as may appear to the auditor to be necessary. (7) The auditor or any person authorised by the auditor is entitled at all reasonable times to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of a Town Council. (8) The auditor or a person authorised by the auditor may make copies of or extracts from any such accounting and other records. (9) The auditor may require any person to provide the auditor with such information in the possession of that person or to which that person has access as the auditor considers necessary for the purposes of the auditor’s functions under this Act. (10) Any person who fails, without any reasonable cause, to comply with any requirement of the auditor under subsection (9) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (11) The following must be given by a Town Council to the Minister within 6 months after the close of the financial year to which the accounts and financial statements relate, or such longer period as the Minister may in any particular case allow: ( a ) a copy of the audited accounts and financial statements of the Town Council, signed by the chairperson of and the secretary to the Town Council; ( b ) a copy of the report made by the auditor. [17/2017] (12) The Minister must, as soon as practicable, cause a copy of the audited accounts and financial statements and of the auditor’s report mentioned in subsection (11) to be presented to Parliament. [17/2017] (13) Where the Auditor-General is not the auditor of a Town Council, a copy of the audited financial statements and any report made by the auditor must be forwarded to the Auditor-General at the same time they are submitted to the Minister under subsection (11). [17/2017] (14) Within 30 days after a copy of the audited accounts and financial statements of a Town Council, and a copy of the auditor’s report, mentioned in subsection (11) are presented to Parliament, the Town Council must — ( a ) display them for public inspection in such places within the Town as the Town Council may direct; and ( b ) publish them at an online location accessible to residents of the housing estates within the Town. [17/2017] (15) A Town Council which, without reasonable excuse, is persistently in default in relation to the requirement imposed by subsection (11), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [17/2017] (16) A Town Council must, as soon as practicable after the end of each financial year, submit to the Minister an annual report on the activities of the Town Council during that financial year and the Minister must cause a copy of every such report to be presented to Parliament. [38


document_id: tca-1988
provision_ref: s53
chapter: PART 6 - FINANCIAL PROVISIONS
section: 53
title: Conservancy and service charges
content:
53. —(1) For the purposes of carrying out its duties and functions under this Act or any other Act, a Town Council may in each month levy conservancy and service charges at such rates as it may determine in accordance with its by-laws in respect of every flat in any residential or commercial property and every stall in any market or food centre of the Board within the Town. (2) Charges levied by a Town Council under subsection (1) are payable, subject to this section, by the owner or tenant of every such flat or stall, as the case may be. (3) In respect of any charges levied under subsection (1) and the interest thereon, the owner of a flat is liable, jointly and severally with any person who was liable to pay the charges and interest when the charges become due and payable, to pay the charges and interest to the Town Council. (4) A person who has ceased to be the owner of the flat is only liable to pay the charges which were unpaid at the time the person ceased to be the owner and the interest accruing on the unpaid charges until such time as they are paid. (5) Any charges levied under subsection (1) — ( a ) become due and payable to a Town Council in accordance with the by-laws of the Town Council; and ( b ) if not paid within the month when the charges become due and payable to a Town Council, bear interest at such rate as the Town Council thinks fit and such interest accrues from the expiry of the month after the date when the charges become due and payable unless the Town Council determines either generally or in a particular case that any unpaid charges bear no interest, and any interest so paid forms part of the fund to which the charges belong. (6) Where any charges and interest thereon levied under this section are not paid within the month when they become due and payable, a Town Council may serve a written demand on an owner or a tenant of the flat or stall in respect of which the charges are levied. (7) Any owner or tenant of a flat or stall who fails to pay any charges or interest due and owing to a Town Council within 14 days from the date the written demand mentioned in subsection (6) is served on the owner or tenant shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (8) The court before which the conviction is had may, in addition to such fine, order the owner or tenant to pay to the Town Council the amount of any charges together with any interest due thereon or any interest certified by the Town Council to be due from the owner or tenant at the date of the owner’s or tenant’s conviction and such amount may be recovered according to the law for the time being in force for the recovery of fines. (9) Upon the expiry of the period provided under section 75(1) after the establishment of a Town Council for the Town and so long as a Town Council is established for the Town, any term in any lease made by the Board relating to the payment of conservancy and service charges by any owner or tenant of a flat in any residential or commercial property or by any tenant of a stall in any market or food centre of the Board within the Town has no effect and such charges are thereupon payable to the Town Council in accordance with this section. (10) Without limiting any particular power of a Town Council, any charges levied by the Town Council under this section may be — ( a ) varied by the Town Council from time to time; or ( b ) remitted or refunded in whole or in part. (11) A Town Council may under this section levy different rates of charges in respect of flats in any residential or commercial property or of stalls in any market or food centre of the Board in accordance with such criteria as it may determine. (12) Without limiting subsection (11), a Town Council may differentiate the rates of charges to take into account any grants‑in‑aid made under section 56 which are expressed to be for the benefit of any class of owners of flats. (13) Any written demand required by this section to be served on the owner or tenant of a flat or stall is deemed to be sufficiently served — ( a ) if the demand is delivered to the owner or tenant or is delivered at the flat or stall to some adult member or employee of his or her family; ( b ) if it is sent to the owner or tenant by registered post to his or her flat or his or her usual or last known place of abode or business; or ( c ) if it is affixed to some conspicuous part of his or her flat. (14) In this section, “owner”, in relation to a flat or stall, includes — ( a ) the person for the time being receiving the rent of the flat, whether as agent, trustee or receiver, or who would receive the rent if the flat were let to a tenant; ( b ) the personal representative of the estate of an owner or a tenant who is deceased; ( c ) the Board in respect of any flat in any residential or commercial property or any stall in any market or food centre of the Board which is not leased out by the Board at the time the charges are levied; and ( d ) the person whose name is included in the Valuation List mentioned in the Property Tax Act 1960 as the owner of the flat for the purposes of that Act. [39 [23/2005]


document_id: tca-1988
provision_ref: s54
chapter: PART 6 - FINANCIAL PROVISIONS
section: 54
title: Power to borrow
content:
54. A Town Council may raise any loan, chargeable upon and payable out of the revenues and assets of the Town Council, of such sums of money as may be required for — ( a ) the purposes of meeting expenses or liabilities in respect of any works specified in section 47(5)( a ) or (8)( a ); ( b ) the repayment of any loan previously raised for any such purposes; and ( c ) such other purposes as may be prescribed. [40 [17/2017]


document_id: tca-1988
provision_ref: s55
chapter: PART 6 - FINANCIAL PROVISIONS
section: 55
title: Power of investment
content:
55. A Town Council may invest its funds in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [41 [45/2004]


document_id: tca-1988
provision_ref: s56
chapter: PART 6 - FINANCIAL PROVISIONS
section: 56
title: Grants
content:
56. For the purposes of enabling a Town Council to carry out its functions under this Act or any other Act, the Minister may from time to time make grants‑in‑aid to the Town Council of such sums of money and subject to such conditions as the Minister may determine out of moneys to be provided by Parliament. [42


document_id: tca-1988
provision_ref: s57
chapter: PART 6 - FINANCIAL PROVISIONS
section: 57
title: Financial Rules
content:
57. —(1) The Minister may make rules to be called Financial Rules, not inconsistent with the provisions of this Act, for carrying out the provisions of this Part by a Town Council and, in particular, such rules may provide for — ( a ) the collection, receipt, custody, issue, expenditure, due accounting for, care and management of all moneys of a Town Council and the guidance of all persons concerned therein; ( b ) the more effectual record, examination, inspection and check of all receipts and expenditure and the keeping of all necessary books and accounts; ( c ) the forms for all accounts, books and other documents required under the provisions of this Act or the rules made under this Act; ( d ) the purchase, safe custody, issue, sale or other disposal or writing‑off of stores and other property of a Town Council, and the proper accounting for, and stocktaking of, such stores and property; ( e ) the preparation of estimates of revenue and expenditure; ( f ) the making of advances to officers of a Town Council and other persons and the rates and limits of such advances and the rates of interest thereon; ( g ) a requirement that a Town Council must prepare and keep up‑to‑date a long-term financial plan that relates to a period to be prescribed and containing prescribed information about the Town Council’s proposals for the repair, maintenance, management and improvement of common property within its Town for each financial year of the period to which the plan relates; ( h ) requirements for a Town Council which is or is likely to become insolvent, or which is or is likely to become unable to pay its debts (within the meaning as prescribed) — (i) to report to the Minister of that fact; and (ii) to do or not to do any act or thing prescribed (which may include preparing a debt repayment plan and appointing one or more advisers to advise the Town Council on the proper management of its business); ( i ) the circumstances under which a surplus in — (i) an operating fund established for residential property in the housing estates of the Board within a Town may be transferred to an operating fund established for commercial property in those housing estates, and vice versa; (ii) a sinking fund established under section 47(4) for residential property in the housing estates of the Board within a Town may be transferred to a sinking fund established under that provision for commercial property in those housing estates, and vice versa; or (iii) a lift replacement fund established under section 47(5) for residential property in the housing estates of the Board within a Town may be transferred to a lift replacement fund established under that provision for commercial property in those housing estates, and vice versa; and ( j ) the apportioning of moneys in the Town Council Fund for the purposes of section 48. [17/2017] (2) In addition, the Financial Rules may — ( a ) provide that any contravention of any provision of the Financial Rules shall be an offence punishable with a fine not exceeding $5,000; and ( b ) provide for such saving, transitional and other consequential, incidental and supplemental provisions as the Minister considers necessary or expedient. [43 [17/2017]


document_id: tca-1988
provision_ref: s58
chapter: PART 6A - INSPECTION AND OFFICIAL MANAGEMENT
section: 58
title: Compliance reviews
content:
58. —(1) The Minister may establish a program of compliance reviews for Town Councils, the purpose of which is to ensure that the Town Councils conduct their business in accordance with this Act, the Financial Rules and rules made under section 82. [17/2017] (2) A compliance review is to be carried out by an inspector, or 2 or more inspectors, assigned to the review by the Minister. [17/2017] (3) The inspector or inspectors assigned under subsection (2) to carry out a compliance review of a Town Council must report to the Minister and the Town Council on the results of the compliance review. [17/2017] (4) The results of a compliance review of a Town Council must be given to the Town Council, and may contain recommendations for administrative or regulatory change. [17/2017] (5) The members, secretary, employees, key officers and committee members of a Town Council, or a managing agent of a Town Council and its employees (as the case may be) must, at the request of an inspector assigned to carry out a compliance review of the Town Council — ( a ) do anything reasonably necessary to facilitate the exercise of powers of the inspector under this section; ( b ) answer questions relevant to the compliance review asked by the inspector; ( c ) produce specified records or documentary material relevant to the compliance review; ( d ) give other assistance the inspector reasonably requires; or ( e ) do any combination of paragraphs ( a ) to ( d ). [17/2017] (6) An inspector conducting a compliance review of a Town Council may by notice require any person mentioned in subsection (5) — ( a ) to produce accounts and statements in writing with respect to any matter in question at the compliance review, being a matter on which that person has or can reasonably obtain information; ( b ) to return answers in writing to any questions or inquiries addressed to the person on any matter mentioned in paragraph ( a ); ( c ) to produce copies of documents in the person’s custody or under the person’s control which relate to any matter in question at the compliance review; ( d ) to attend at a specified time and place and give evidence or produce any such documents; or ( e ) to verify by statutory declaration any such accounts, documents, statements or answers produced, returned or given under paragraph ( a ), ( b ), ( c ) or ( d ), as the case may be. [43A [17/2017]


document_id: tca-1988
provision_ref: s59
chapter: PART 6A - INSPECTION AND OFFICIAL MANAGEMENT
section: 59
title: Investigations
content:
59. —(1) The Minister may direct an investigation under this Part into the affairs of a Town Council if — ( a ) there are reasonable grounds to suspect a material irregularity in or affecting the conduct of the Town Council’s affairs; or ( b ) any document or information the production of which has been required of a person under section 58 has not been produced in compliance with that requirement, and the inspector concerned has reasonable grounds to believe that the person will not produce the document or information in compliance with that requirement. [17/2017] (2) An investigation under subsection (1) is to be carried out by an inspector, or 2 or more inspectors, assigned to the investigation by the Minister. [17/2017] (3) The inspector or inspectors assigned under subsection (2) to carry out an investigation of a Town Council must report to the Minister and the Town Council on the results of the investigation. [43B [17/2017]


document_id: tca-1988
provision_ref: s60
chapter: PART 6A - INSPECTION AND OFFICIAL MANAGEMENT
section: 60
title: Powers of inspectors in investigations
content:
60. —(1) For the purposes of an investigation of a Town Council, an inspector assigned to carry out the investigation has right of access at any reasonable time in the day, and after giving 6 hours’ prior notice of the exercise of the right to access at any other time, to — ( a ) the premises of the Town Council concerned; and ( b ) the records or other documents of the Town Council, whether or not on the premises of the Town Council concerned. [17/2017] (2) The members, secretary, employees, officers and committee members of a Town Council, or a managing agent of a Town Council and its employees (as the case may be) must, at the request of an inspector — ( a ) do anything reasonably necessary to facilitate the exercise of powers of the inspector under this section; ( b ) answer questions relevant to the investigation asked by the inspector; ( c ) produce specified records or documents relevant to the investigation; ( d ) give other assistance the inspector reasonably requires; or ( e ) do any combination of paragraphs ( a ) to ( d ). [17/2017] (3) For the purposes of an investigation of a Town Council, an inspector assigned to carry out the investigation may, by notice, require — ( a ) a person to produce, within a reasonable time allowed in the notice, written answers to specified questions or other specified written information, which are within the knowledge of that person or in the person’s custody or under the person’s control; ( b ) a person within Singapore who appears to be acquainted with the circumstances of the investigation to attend before the inspector at a specified time and place for examination on a subject stated in the notice; or ( c ) a person to produce, within a reasonable time allowed in the notice, specified records or documents or records or documents of a specified kind, which are within the custody or under the control of that person. [17/2017] (4) The power to require a person to produce any record, document or information under subsection (2) or (3) 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 record, document or information; ( b ) if the record, document or information is not produced, 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 inspector in legible form. [17/2017] (5) A person required by notice under subsection (3) to produce written answers to questions or other written information must, if the notice requires, verify the answers or information by statutory declaration. [17/2017] (6) A person who, in response to a notice under subsection (3), attends for examination before an inspector — ( a ) must, if the inspector so requires, take an oath or make an affirmation (which may be administered by the inspector) to answer truthfully all questions put to the person by the inspector; and ( b ) must answer questions put to the person at the examination. [17/2017] (7) Any statement made by a person at an examination before an inspector must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted in a language that the person understands; and ( d ) after correction (if necessary) be signed by that person. [17/2017] (8) If an inspector considers it necessary to do so for the purpose of obtaining evidence of the contravention of any provision of this Act, the inspector may seize any equipment, record, document, information or other thing. [17/2017] (9) An inspector may, at any time after the expiry of the period specified in the notice mentioned in subsection (3), enter any building or place where the inspector has reason to believe that any record, document or information, in respect of which the inspector has given the notice, may be found, and seize or take extracts or copies of any such record, document or information. [17/2017] (10) An inspector is entitled without payment to keep any record, document or information, or any copy or extract of it, produced to the inspector under subsection (2) or (3) or obtained under subsection (8) or (9). [43C [17/2017]


