# legal_provisions

document_id: cba-2016
provision_ref: s30
chapter: PART 5 - APPROVAL OF APPROVED MEMBERS
section: 30
title: Cancellation of approval or deemed approval
content:
30. —(1) An approved member of a licensed credit bureau may apply to the Authority to cancel its approval or deemed approval if the approved member intends to cease any of the following activities: ( a ) providing to the licensed credit bureau any customer information of that or any other approved member of the licensed credit bureau; ( b ) requesting from the licensed credit bureau any customer information (including a credit report about the member’s customer) of that or any other approved member of the licensed credit bureau; ( c ) using any customer information (including any such information in a credit report) of that or any other approved member of the licensed credit bureau that the approved member has received from the licensed credit bureau. (2) The Authority may upon considering the application, cancel the approval or deemed approval of an approved member of a licensed credit bureau if the Authority is satisfied that the approved member has ceased any of the activities mentioned in subsection (1). (3) An approved member of a licensed credit bureau whose approval or deemed approval is cancelled ceases to be an approved member of the licensed credit bureau from the date on which the cancellation takes effect. (4) Where the approval or deemed approval of an approved member of a licensed credit bureau is cancelled, the former approved member — ( a ) must not use or disclose any customer information of that or any other approved member of the licensed credit bureau that the former approved member received from the licensed credit bureau, except as permitted by any other written law; and ( b ) must immediately inform the licensed credit bureau by written notice of the cancellation. (5) The Authority must publish a notice in the Gazette whenever it cancels the approval or deemed approval of an approved member of a licensed credit bureau. (6) Where the approval or deemed approval of an approved member of a licensed credit bureau is cancelled under subsection (2), the licensed credit bureau must, within 14 days after receiving the notice of the cancellation under subsection (4)( b ), remove the former approved member from the list of its approved members on its website. (7) Despite the cancellation of the approval or deemed approval of an approved member of a licensed credit bureau, and unless the Authority otherwise directs, sections 37, 49 and 50 continue to apply in relation to the former approved member in respect of matters that the former approved member received or that occurred before the cancellation as if the approval or deemed approval had not been cancelled. (8) Any former approved member of a licensed credit bureau that contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction 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. (9) Any licensed credit bureau that contravenes subsection (6) shall be guilty of an offence. (10) This section applies to corrected data received by a licensed credit bureau’s approved member or former approved member under section 18(3)( b )(ii) as it applies to customer information of any approved member of the licensed credit bureau received by the approved member or former approved member.


document_id: cba-2016
provision_ref: s31
chapter: PART 5 - APPROVAL OF APPROVED MEMBERS
section: 31
title: Revocation of approval or deemed approval
content:
31. —(1) The Authority may revoke the approval or deemed approval of an approved member of a licensed credit bureau if — ( a ) it appears to the Authority that the approved member is contravening or has contravened — (i) any provision of this Act; or (ii) any written notice issued by the Authority under this Act; ( b ) the approved member has provided under this Act any information or document to the Authority that is false or misleading; ( c ) it appears to the Authority that the approved member, or any of its officers or employees, has not performed its duties, or his or her duties, under this Act honestly or fairly; ( d ) the approved member fails to carry on or ceases any of the activities specified in section 30(1); or ( e ) it appears to the Authority that it would be contrary to the public interest for the approved member to continue being such an approved member. (2) Subject to subsection (3), the Authority must not revoke the approval or deemed approval of an approved member of a licensed credit bureau under subsection (1) without giving the approved member an opportunity to be heard. (3) The Authority may revoke the approval or deemed approval of an approved member of a licensed credit bureau without giving the approved member an opportunity to be heard on any of the following grounds: ( a ) the approved member is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere; ( b ) a receiver, a receiver and manager, a judicial manager or an equivalent person has been appointed, whether in Singapore or elsewhere, for or in respect of any property of the approved member; ( c ) the approved member has been convicted, whether in Singapore or elsewhere, of an offence involving fraud or dishonesty, or the conviction involved a finding that the approved member had acted fraudulently or dishonestly. (4) An approved member of a licensed credit bureau whose approval or deemed approval is revoked ceases to be an approved member of the licensed credit bureau from the date on which the revocation takes effect. (5) Where the approval or deemed approval of an approved member of a licensed credit bureau is revoked, the former approved member — ( a ) must not use or disclose any customer information of that or any other approved member of the licensed credit bureau that the former approved member received from the licensed credit bureau, except as permitted by any other written law; and ( b ) must immediately inform the licensed credit bureau by written notice of the revocation. (6) The Authority must publish a notice in the Gazette whenever it revokes the approval or deemed approval of an approved member of a licensed credit bureau. (7) Where the approval or deemed approval of an approved member of a licensed credit bureau is revoked under subsection (1), the licensed credit bureau must, within 14 days after receiving the notice of such revocation under subsection (5)( b ), remove the approved member from the list of its approved members on its website. (8) Despite the revocation of the approval or deemed approval of an approved member of a licensed credit bureau, and unless the Authority otherwise directs, sections 37, 49 and 50 continue to apply in relation to the former approved member in respect of matters that the former approved member received or that occurred before the revocation as if the approval or deemed approval had not been revoked. (9) Any former approved member of a licensed credit bureau that contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction 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) Any licensed credit bureau that contravenes subsection (7) shall be guilty of an offence. (11) This section applies to corrected data received by a licensed credit bureau’s approved member or former approved member under section 18(3)( b )(ii) as it applies to customer information of any approved member of the licensed credit bureau received by the approved member or former approved member.


document_id: cba-2016
provision_ref: s32
chapter: PART 5 - APPROVAL OF APPROVED MEMBERS
section: 32
title: Right of appeal in respect of refusal of approval or revocation of approved members
content:
32. —(1) A licensed credit bureau that is aggrieved — ( a ) by the refusal of the Authority to approve any of the licensed credit bureau’s members as an approved member or a class of its members as approved members of the licensed credit bureau; or ( b ) by the revocation by the Authority of its approval or deemed approval of an approved member of the licensed credit bureau, may, within 30 days after the refusal or the date on which the revocation takes effect, appeal in writing to the Minister. (2) A member of a licensed credit bureau that is aggrieved by the refusal of the Authority to approve it as an approved member of the licensed credit bureau may, within 30 days after the refusal, appeal in writing to the Minister. (3) A former approved member of a licensed credit bureau that is aggrieved by the revocation by the Authority of its approval or deemed approval as an approved member of the licensed credit bureau may, within 30 days after the revocation, appeal in writing to the Minister.


document_id: cba-2016
provision_ref: s33
chapter: PART 6 - DUTIES OF APPROVED MEMBERS OF
section: 33
title: Duty to maintain confidentiality of customer information
content:
33. —(1) Except for a purpose mentioned in subsection (2), an approved member of a licensed credit bureau and any of the member’s officers must not — ( a ) request from the licensed credit bureau, any customer information (including a credit report of the member’s customer) of that or any other approved member of the licensed credit bureau; or ( b ) use any customer information (including any such information in a credit report) of that or any other approved member of the licensed credit bureau received from the licensed credit bureau. (2) The purposes in subsection (1) are — ( a ) where the customer information is strictly necessary to assess the creditworthiness of a customer of the approved member; or ( b ) any other purpose that the Authority may permit, by written notice. (3) An approved member of a licensed credit bureau, and any of the member’s officers, must not disclose to the licensed credit bureau, any customer information of that or any other approved member of the licensed credit bureau except — ( a ) where the customer information is strictly necessary to create a credit report; ( b ) to enable the licensed credit bureau to make a disclosure under section 13(2)( b ); ( c ) to enable the licensed credit bureau to make a disclosure under section 16; or ( d ) for any other purpose that the Authority may permit by written notice and in accordance with such conditions as may be specified in the notice. (4) An approved member of a licensed credit bureau, and any of the member’s officers, must not disclose to any other person customer information of any other approved member of the licensed credit bureau that the firstmentioned approved member has received from the licensed credit bureau except — ( a ) to the customer to which the information relates; ( b ) where the disclosure is by any of the approved member’s officers, such disclosure is to the approved member; ( c ) to that licensed credit bureau; or ( d ) to any other person if the disclosure is permitted by the Authority by written notice and in accordance with such conditions as may be specified in the notice. (5) Despite subsections (3) and (4)( c ), an approved member of a licensed credit bureau, and the approved member’s officers, must not disclose to the licensed credit bureau, any customer information of that or any other approved member of the licensed credit bureau, if the licensed credit bureau’s licence — ( a ) has lapsed; ( b ) is revoked; or ( c ) is suspended. (6) The Authority may at any time add to, vary or revoke any condition imposed under this section. (7) Despite subsections (3) and (4)( c ), an approved member of a licensed credit bureau and the approved member’s officers must not disclose any of its deposit information to the licensed credit bureau. (8) To avoid doubt, subsections (3), (4), (5) and (7) do not affect the rights of disclosure that the approved member or any of its officers has under any other written law, including the Banking Act 1970. (9) Any person that contravenes subsection (1), (3), (4), (5), (7) or any condition imposed under subsection (6) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both; or ( b ) in any other case, to a fine not exceeding $250,000. (10) In this section, unless the context otherwise requires — ( a ) where customer information of an approved member of a licensed credit bureau may be disclosed under subsection (3) or (4) to any person that is a body corporate, the customer information may be disclosed to such officers of the body corporate as may be necessary for the purpose for which the disclosure is authorised under that subsection; and ( b ) the obligation of any officer of the approved member not to disclose any customer information of any approved member of the licensed credit bureau mentioned in subsection (3), (4), (5) and (7) continues after the termination or cessation of his or her appointment, employment, engagement or other capacity or office in which he or she has been provided the customer information. (11) In this section, “officer” has the meaning given by section 2(1) of the Banking Act 1970. (12) This section applies to corrected data received by the approved member from the licensed credit bureau under section 18(3)( b )(ii) as it applies to customer information of any approved member of the licensed credit bureau received by the approved member from the licensed credit bureau.


document_id: cba-2016
provision_ref: s34
chapter: PART 6 - DUTIES OF APPROVED MEMBERS OF
section: 34
title: Duty to maintain security and integrity of data
content:
34. —(1) An approved member of a licensed credit bureau must — ( a ) ensure the integrity of any data it provides to the licensed credit bureau; ( b ) protect any data received from the licensed credit bureau by making reasonable security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks; and ( c ) dispose of any data received from the licensed credit bureau if — (i) the purpose for which that data was provided is no longer being served by retention of the data; and (ii) retention is no longer necessary for the approved member’s legal or business purposes. (2) Any person that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction 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.


document_id: cba-2016
provision_ref: s35
chapter: PART 6 - DUTIES OF APPROVED MEMBERS OF
section: 35
title: Duty to correct data
content:
35. —(1) A data subject may request an approved member of a licensed credit bureau to correct an error or omission in any data of the data subject that — ( a ) has been processed by the licensed credit bureau; and ( b ) is in the possession or under the control of the approved member. (2) Upon receiving a request under subsection (1), the approved member must — ( a ) as soon as practicable after receiving the request, inform the licensed credit bureau of the request; ( b ) within such period as the Authority may specify by written notice to the approved member or the class of approved members to which that member belongs, conduct and complete an investigation to ascertain the integrity of the data; and ( c ) unless the approved member is satisfied on reasonable grounds that a correction should not be made, within such period as the Authority may specify by written notice to it — (i) correct the data in its possession or under its control; and (ii) inform the licensed credit bureau in writing of its assessment that a correction to the data should be made. (3) Where a licensed credit bureau has been informed by its approved member under subsection (2)( c )(ii) that a correction to the data should be made, the licensed credit bureau must, within such period as the Authority may specify by written notice to it — ( a ) correct the data that is in the possession or under the control of the licensed credit bureau; and ( b ) send the corrected data to every approved member of the licensed credit bureau to which the licensed credit bureau disclosed the data within a year before the date the correction was made. (4) Any person that contravenes subsection (2) or (3) shall be guilty of an offence and shall be liable on conviction 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.


document_id: cba-2016
provision_ref: s36
chapter: PART 6 - DUTIES OF APPROVED MEMBERS OF
section: 36
title: Duty to submit data to licensed credit bureau
content:
36. —(1) The Authority may, by written notice, require an approved member of a licensed credit bureau to provide to the licensed credit bureau, such data relating to the licensed credit bureau’s credit reporting business within such period and in such manner as the Authority may specify in the notice. (2) Any person that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: cba-2016
provision_ref: s37
chapter: PART 6 - DUTIES OF APPROVED MEMBERS OF
section: 37
title: Duty to provide information to Authority
content:
37. —(1) Subject to subsection (4), the Authority may, by written notice, require an approved member of a licensed credit bureau, or any person acting on behalf of the approved member, to provide to the Authority, information relating to — ( a ) the approved member’s membership of the licensed credit bureau; and ( b ) the approved member’s activities as an approved member of the licensed credit bureau, within such period as the Authority may specify in the notice. (2) Without limiting subsection (1), the Authority may in the notice require the approved member to provide, whether in the form of a return to be provided on a periodic basis or otherwise — ( a ) information relating to its involvement as an approved member of the licensed credit bureau; ( b ) information relating to the confidentiality, security or integrity of any data provided to the licensed credit bureau; and ( c ) any other information that the Authority may require for the purposes of this Act. (3) Subject to subsection (4) — ( a ) a requirement imposed by the Authority under this section has effect despite any obligation as to secrecy or other restrictions upon the disclosure of information imposed by any rule of law or contract; and ( b ) a person that complies with a requirement imposed by the Authority under this section is not to be treated as being in breach of any restriction on the disclosure of the information imposed by any rule of law or contract. (4) Nothing in this section requires a person to disclose any information subject to legal privilege. (5) Any person that fails to comply with a notice issued under subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: cba-2016
provision_ref: s38
chapter: PART 6 - DUTIES OF APPROVED MEMBERS OF
section: 38
title: Duty to provide information in credit facility document
content:
38. —(1) The Authority may, by written notice to an approved member or a class of approved members of a licensed credit bureau, require the approved member or the member within that class to include any information specified by the Authority in any credit facility document that the approved member provides to its customer. (2) Without limiting subsection (1), the notice in subsection (1) may require the approved member to specify in the credit facility document that the customer is entitled, if the customer is the data subject of a credit report by the licensed credit bureau, to — ( a ) request a copy of the credit report from the licensed credit bureau; and ( b ) receive the copy of the credit report from the licensed credit bureau free of charge to the customer if the customer is an individual, but subject to the requirements of section 17(3). (3) Any person that fails to comply with a notice given under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000. (4) In this section, “credit facility document” means any application form, approval letter, rejection letter or any other document in relation to an application for a credit facility.


document_id: cba-2016
provision_ref: s39
chapter: PART 7 - CONTROL OF SUBSTANTIAL SHAREHOLDERS,
section: 39
title: Application and interpretation of sections 40 to 45
content:
39. —(1) This section and sections 40 to 45 apply to — ( a ) all individuals whether resident in Singapore or not and whether citizens of Singapore or not; and ( b ) all entities. (2) In sections 40 to 45, unless the context otherwise requires — “12% controller”, in relation to a licensed credit bureau, means a person, not being a 20% controller, that alone or together with the person’s associates — ( a ) has an interest in 12% or more of the shares in the licensed credit bureau; or ( b ) is in a position to control 12% or more of the votes in the licensed credit bureau; “20% controller”, in relation to a licensed credit bureau, means a person that, alone or together with the person’s associates — ( a ) has an interest in 20% or more of the shares in the licensed credit bureau; or ( b ) is in a position to control 20% or more of the votes in the licensed credit bureau; “arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied; “indirect controller”, in relation to a licensed credit bureau, means any person, whether acting alone or together with any other person, and whether with or without holding shares or controlling voting power in a licensed credit bureau — ( a ) in accordance with whose directions, instructions or wishes the directors of the licensed credit bureau are accustomed or under an obligation, whether formal or informal, to act; or ( b ) that is in a position to determine the policy of the licensed credit bureau, but excludes any person — ( c ) who is a director or other officer of the licensed credit bureau whose appointment has been approved by the Authority; or ( d ) in accordance with whose directions, instructions or wishes the directors of the licensed credit bureau are accustomed to act by reason only that they act on advice given by the person in the person’s professional capacity; “substantial shareholder” has the meaning given by section 81 of the Companies Act 1967; “voting share” has the meaning given by section 4(1) of the Companies Act 1967. (3) In this section and sections 40 to 45 — ( a ) a person has an interest in a share if — (i) the person has or is treated to have an interest in that share under section 7(1A), (1B), (2), (6), (7) to (10) of the Companies Act 1967; or (ii) the person otherwise has a legal or equitable interest in that share, except an interest disregarded under section 7(9) of the Companies Act 1967; ( b ) a reference to the control of a percentage of the votes in a licensed credit bureau is a reference to the control, whether direct or indirect, of that percentage of the total number of votes that might be cast in a general meeting of the licensed credit bureau; and ( c ) a person ( A ) is an associate of another person ( B ) if — (i) A is the spouse, a parent, remoter lineal ancestor or step‑parent, a son, daughter, remoter issue, stepson or stepdaughter or a brother or sister of B ; (ii) A is a body corporate that is, or a majority of the directors of which are, accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B ; (iii) A is a person that is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B ; (iv) A is a subsidiary of B ; (v) A is a body corporate in which B , whether alone or together with other associates of B as described in sub‑paragraphs (ii), (iii) and (iv), is in a position to control 20% or more of the votes in A ; or (vi) 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 or other interests in, or with respect to the exercise of their votes in relation to, the licensed credit bureau.


document_id: cba-2016
provision_ref: s40
chapter: PART 7 - CONTROL OF SUBSTANTIAL SHAREHOLDERS,
section: 40
title: Control of shareholding in licensed credit bureau
content:
40. —(1) A person must not become — ( a ) a substantial shareholder; ( b ) a 12% controller; ( c ) a 20% controller; or ( d ) an indirect controller, of a licensed credit bureau without first applying for and obtaining the approval of the Authority. (2) Subject to subsection (8), a person that, immediately before 31 May 2021, is — ( a ) a substantial shareholder; ( b ) a 12% controller; ( c ) a 20% controller; or ( d ) an indirect controller, of a licensed credit bureau must not continue to be such a shareholder or controller unless the person has, within 6 months after that date or such longer period as the Authority may allow, applied to the Authority for approval to continue to be such a shareholder or controller. (3) A person must not enter into any agreement or arrangement, whether oral or in writing and whether express or implied, to act together with any other person with respect to the acquisition, holding or disposal of, or the exercise of rights in relation to, their interests in voting shares of an aggregate of 5% or more of the total votes attached to all voting shares in a licensed credit bureau, without first applying for and obtaining the approval of the Authority. (4) Subject to subsection (8), a person that, at any time before 31 May 2021, has entered into any agreement or arrangement mentioned in subsection (3) must not continue to be a party to such an agreement or arrangement unless the person has, within 6 months after that date or any longer period that the Authority may allow, applied to the Authority for approval to continue to be a party to such an agreement or arrangement. (5) The Authority may approve an application made by any person under subsection (1), (2), (3) or (4) if the Authority is satisfied that — ( a ) having regard to the likely influence of the person, the licensed credit bureau will or will continue to conduct its business prudently and comply with the provisions of this Act; ( b ) the person is, in accordance with the Guidelines on Fit and Proper Criteria, a fit and proper person to be a substantial shareholder, a 12% controller, a 20% controller or an indirect controller of the licensed credit bureau; and ( c ) it is in the public interest to do so. (6) Any approval under subsection (5) may be granted to any person subject to such conditions as the Authority may impose, including but not limited to any condition — ( a ) restricting the person’s disposal or further acquisition of shares or voting power in the licensed credit bureau; or ( b ) restricting the person’s exercise of voting power in the licensed credit bureau, and the Authority may at any time add to, vary or revoke any condition imposed under this subsection. (7) Any condition imposed under subsection (6) has effect despite any provision of the Companies Act 1967 or anything contained in the licensed credit bureau’s constitution. (8) Where the Authority refuses an application made by any person under subsection (1), (2), (3) or (4), the person must, within such time as the Authority may specify, take such steps (as soon as practicable after the refusal) that are necessary — ( a ) in the case of subsection (1) or (2), to cease to be — (i) a substantial shareholder; (ii) a 12% controller; (iii) a 20% controller; or (iv) an indirect controller, of the licensed credit bureau, as the case may be; or ( b ) in the case of subsection (3) or (4), to cease to be a party to the agreement or arrangement.


document_id: cba-2016
provision_ref: s41
chapter: PART 7 - CONTROL OF SUBSTANTIAL SHAREHOLDERS,
section: 41
title: Objection to existing control of licensed credit bureau
content:
41. —(1) The Authority may serve a written notice of objection on any person mentioned in section 40(1), (2), (3) or (4) if the Authority is satisfied that — ( a ) any condition of approval imposed on the person under section 40(6) has not been complied with; ( b ) it is no longer in the public interest to allow the person to continue to be — (i) a party to the agreement or arrangement described in section 40(3) or (4); (ii) a substantial shareholder of the licensed credit bureau; (iii) a 12% controller of the licensed credit bureau; (iv) a 20% controller of the licensed credit bureau; or (v) an indirect controller of the licensed credit bureau, as the case may be; ( c ) the person has provided any false or misleading information or document in connection with an application under section 40(1), (2), (3) or (4); ( d ) the person is no longer a fit and proper person in accordance with the Guidelines on Fit and Proper Criteria; ( e ) having regard to the likely influence of the person, the licensed credit bureau is no longer likely to conduct its business prudently or to comply with the provisions of this Act; or ( f ) it would not have been satisfied as to any of the matters specified in section 40(5) had it been aware, at that time, of circumstances relevant to the person’s application under section 40(1), (2), (3) or (4). (2) Before serving a written notice of objection under subsection (1), the Authority must, unless the Authority decides that it is not practicable or desirable to do so, give the person — ( a ) a written notice of the Authority’s intention to serve the written notice of objection; and ( b ) specify a date by which the person may make written representations with regard to the proposed written notice of objection. (3) The Authority must consider any written representations it receives before the date mentioned in subsection (2)( b ) for the purpose of determining whether to issue a written notice of objection. (4) The Authority must, in any written notice of objection, specify a reasonable period within which the person that has been served the written notice of objection must — ( a ) take such steps as are necessary to ensure that the person ceases to be a party to the agreement or arrangement described in section 40(3) or (4), as the case may be; ( b ) cease to be — (i) a substantial shareholder; (ii) a 12% controller; (iii) a 20% controller; or (iv) an indirect controller, of the licensed credit bureau, as the case may be; or ( c ) comply with such direction as the Authority may make under section 42, and the person must comply with that notice.


document_id: cba-2016
provision_ref: s42
chapter: PART 7 - CONTROL OF SUBSTANTIAL SHAREHOLDERS,
section: 42
title: Power to make directions
content:
42. —(1) If the Authority is satisfied that a person has contravened section 40(1), (2), (3), (4) or (8) or has failed to comply with any condition imposed under section 40(6), or if the Authority has served a written notice of objection under section 41, the Authority may, by written notice — ( a ) direct the transfer or disposal of all or any of the shares in the licensed credit bureau held by the person or any of the person’s associates (called in this section the specified shares) within such time or subject to such conditions as the Authority considers appropriate; ( b ) restrict the transfer or disposal of the specified shares; or ( c ) make any other direction that the Authority considers appropriate. (2) In the case of any direction made under subsection (1)( a ) or restriction made under subsection (1)( b ), until a transfer or disposal is effected in accordance with the direction or until the restriction on the transfer or disposal is removed, as the case may be — ( a ) no voting rights may be exercised in respect of the specified shares unless the Authority expressly permits such rights to be exercised; ( b ) no shares of the licensed credit bureau may 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 ( c ) except in a liquidation of the licensed credit bureau, no payment may be made by the licensed credit bureau of any amount (whether by way of dividends or otherwise) in respect of the specified shares unless the Authority expressly authorises such payment. (3) Subsection (2) has effect despite any provision of the Companies Act 1967 or anything contained in the licensed credit bureau’s constitution.


document_id: cba-2016
provision_ref: s43
chapter: PART 7 - CONTROL OF SUBSTANTIAL SHAREHOLDERS,
section: 43
title: Power of Authority to obtain information
content:
43. —(1) The Authority may, by written notice, direct a licensed credit bureau to obtain from any of its shareholders, and to provide to the Authority, any information relating to the shareholder that the Authority may require for the purpose of — ( a ) ascertaining or investigating into the control of shareholding or voting power in the licensed credit bureau; or ( b ) exercising any power or function under section 40, 41, 42, 44 or 45. (2) Without limiting subsection (1), the notice in subsection (1) may require the licensed credit bureau to obtain and provide the following information: ( a ) whether the shareholder has an interest in any share in the licensed credit bureau as beneficial owner or as trustee; ( b ) if the shareholder holds the interest in the share as trustee, to indicate as far as that shareholder is able to — (i) the person for whom that shareholder holds the interest (either by name or by other particulars sufficient to enable that person to be identified); and (ii) the nature of that person’s interest. (3) The Authority may, by written notice, require any shareholder ( X ) of a licensed credit bureau, or any person ( Y ) that appears from information provided to the Authority under subsection (1) or this subsection to have an interest in any share in the licensed credit bureau, to provide to the Authority any information relating to X or Y (as the case may be) that the Authority may require for the purpose of — ( a ) ascertaining or investigating into the control of shareholding or voting power in the licensed credit bureau; or ( b ) exercising any power or function under section 40, 41, 42, 44 or 45. (4) Without limiting subsection (3), the notice in subsection (3) may require X or Y to provide the following information: ( a ) whether X or Y holds that interest as beneficial owner or as trustee; ( b ) if X or Y holds the interest as trustee, to indicate as far as X or Y can — (i) the person ( Z ) for whom X or Y holds the interest (either by name or by other particulars sufficient to enable that person to be identified); and (ii) the nature of Z ’s interest; ( c ) whether any share or any voting right attached to the share is the subject of an agreement or arrangement described in section 39(3)( c )(vi) or 40(3) or (4), and if so, to give particulars of the agreement or arrangement and the parties to it.


document_id: cba-2016
provision_ref: s44
chapter: PART 7 - CONTROL OF SUBSTANTIAL SHAREHOLDERS,
section: 44
title: Power to exempt
content:
44. —(1) The Authority may, by order in the Gazette , exempt — ( a ) any person or class of persons; or ( b ) any class or description of shares or interests in shares, from section 40, subject to such conditions as may be specified in the order. (2) Without limiting subsection (1), the conditions may include — ( a ) restricting the person’s or class of persons’ disposal or further acquisition of shares or voting power in the licensed credit bureau; or ( b ) restricting the person’s or class of persons’ exercise of voting power in the licensed credit bureau, and the Authority may at any time add to, vary or revoke any condition imposed under this section.


document_id: cba-2016
provision_ref: s45
chapter: PART 7 - CONTROL OF SUBSTANTIAL SHAREHOLDERS,
section: 45
title: Offences, penalties and defences
content:
45. —(1) Any person that contravenes section 40(1)( a ) or ( b ), (2)( a ) or ( b ), (3), (4), (8)( a )(i) or (ii), or ( b ) 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 and, in the case of a continuing offence (if applicable), 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 (if applicable), to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction. (2) Any person that — ( a ) contravenes section 40(1)( c ) or ( d ), (2)( c ) or ( d ), (8)( a )(iii) or (iv) or 42(2); ( b ) fails to comply with — (i) any notice given under section 41(4), 42(1) or 43; or (ii) any condition imposed under section 40(6); or ( c ) in purported compliance with a notice under section 43, knowingly or recklessly provides any information or document that is false or misleading in a material particular, shall be guilty of an offence. (3) Any person convicted of an offence under subsection (2) 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 (if applicable), 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 (if applicable), to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction. (4) Where a person is charged with an offence in respect of a contravention of section 40(1), (2), (3), (4) or (8), it is a defence for the person to prove that — ( a ) the person was not aware that the person had contravened section 40(1), (2), (3), (4) or (8), as the case may be; and ( b ) within 14 days after becoming aware of the contravention, the person — (i) notified the Authority of the contravention; and (ii) within such time as may be determined by the Authority, took such action in relation to the person’s shareholding or control of the voting power in the licensed credit bureau as the Authority may direct. (5) Where a person is charged with an offence in respect of a contravention of section 40(1), it is also a defence for the person to prove that, even though the person was aware of the contravention — ( a ) the contravention occurred as a result of an increase in the shareholding as described in section 39(3)( a ) of, or in the voting power controlled by, any of the person’s associates described in section 39(3)( c )(i); ( b ) the person had no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of shares or other interests in, or under which they act together in exercising their voting power in relation to, the licensed credit bureau; and ( c ) within 14 days after the date of the contravention, the person — (i) notified the Authority of the contravention; and (ii) within such time as may be determined by the Authority, took such action in relation to the person’s shareholding or control of the voting power in the licensed credit bureau as the Authority may direct. (6) Except as provided in subsections (4) and (5), it is not a defence for a person charged with an offence in respect of a contravention of section 40(1), (2), (3), (4) or (8) to prove that the person did not intend to or did not knowingly contravene that provision.


document_id: cba-2016
provision_ref: s46
chapter: PART 7 - CONTROL OF SUBSTANTIAL SHAREHOLDERS,
section: 46
title: Approval and removal of chief executive officer and directors of licensed credit bureau
content:
46. —(1) Subject to subsection (3), a licensed credit bureau must not appoint an individual as its chief executive officer or director unless it has applied for and obtained the approval of the Authority. (2) Without affecting any other matter that the Authority may consider relevant, the Authority may — ( a ) in determining whether to grant its approval under paragraph ( b ), have regard to such criteria as may be specified by written notice to the licensed credit bureau; and ( b ) approve or refuse the application. (3) Where a licensed credit bureau has obtained the approval of the Authority to appoint an individual as its chief executive officer or director under subsection (2)( b ), the individual may, without the approval of the Authority, be re‑appointed as chief executive officer or director (as the case may be) of the licensed credit bureau immediately upon the expiry of the individual’s term of appointment. (4) Subject to subsection (5), the Authority must not refuse an application for approval of an individual under subsection (1) without giving the licensed credit bureau an opportunity to be heard. (5) The Authority may refuse an application for approval of an individual under subsection (1) without giving the licensed credit bureau an opportunity to be heard in any of the following circumstances: ( a ) if the individual has been convicted, whether in Singapore or elsewhere, of an offence committed before, on or after 31 May 2021, being an offence — (i) involving fraud or dishonesty; (ii) the conviction for which involved a finding that he or she had acted fraudulently or dishonestly; or (iii) that is specified in the Third Schedule to the Registration of Criminals Act 1949; ( b ) if the individual is an undischarged bankrupt, whether in Singapore or elsewhere; ( c ) if the individual has had an enforcement order against him or her in respect of a judgment debt returned unsatisfied in whole or in part; [Act 25 of 2021 wef 01/04/2022] ( d ) if the individual has, whether in Singapore or elsewhere, entered into a compromise or scheme of arrangement with his or her creditors, being a compromise or scheme of arrangement that is still in operation; ( e ) if the individual has had a prohibition order made against him or her that is still in force; [Act 18 of 2022 wef 31/07/2024] ( f ) if the individual has been a director of, or directly concerned in the management of, a regulated financial institution, whether in Singapore or elsewhere — (i) that is being or has been wound up by a court; or (ii) the approval, authorisation, designation, recognition, registration or licence of which has been withdrawn, cancelled or revoked by the Authority or, in the case of a regulated financial institution in a foreign country or territory, by the regulatory authority in that foreign country or territory. (6) Where the Authority refuses an application for approval under subsection (2)( b ), the Authority need not give the individual who was proposed to be appointed an opportunity to be heard. (7) Despite the provisions of any other written law, where the Authority is satisfied that a chief executive officer or director of a licensed credit bureau is not a fit and proper person to act as such chief executive officer or director, the Authority may, by written notice, direct the licensed credit bureau to remove — ( a ) the chief executive officer from employment with the licensed credit bureau; or ( b ) the director as a director of the licensed credit bureau, within such period as the Authority may specify in the notice. (8) Without affecting any other matter that the Authority may deem relevant, in assessing whether to direct a licensed credit bureau to remove its chief executive officer or director under subsection (7), the Authority may consider whether the chief executive officer or director — ( a ) has wilfully contravened or wilfully caused the licensed credit bureau to contravene any provision of this Act; ( b ) has, without reasonable excuse, failed to secure the compliance of the licensed credit bureau with this Act, the Monetary Authority of Singapore Act 1970 or any of the written laws set out in the Schedule to that Act; ( c ) has failed to discharge any of the duties of his or her office or employment; or ( d ) needs to be removed in the public interest. (9) Before directing a licensed credit bureau to remove its chief executive officer or director under subsection (7), the Authority must give the licensed credit bureau and the individual concerned an opportunity to be heard. (10) Without affecting the Authority’s power to impose conditions under section 7, the Authority may at any time, by written notice to a licensed credit bureau, impose a condition requiring the licensed credit bureau to notify the Authority of a change to any specified attribute (such as residence and nature of appointment) of its chief executive officer or director, and vary any such condition. (11) Any licensed credit bureau that, without reasonable excuse — ( a ) contravenes subsection (1); ( b ) fails to comply with a direction under subsection (7); or ( c ) contravenes any condition imposed under subsection (10), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. (12) In this section, unless the context otherwise requires — “prohibition order” means — ( a ) a prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022; ( b ) a prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022, and as continued by section 217(2) of the Financial Services and Markets Act 2022; ( c ) an order made under section 74(1) of the Insurance Act 1966 as in force immediately before the date of commencement of section 204(1) to (4) of the Financial Services and Markets Act 2022; ( d ) an order made under section 74(1) of the Insurance Act 1966 as in force immediately before the date of commencement of section 204(1) to (4) of the Financial Services and Markets Act 2022, and as continued by section 218(2) of the Financial Services and Markets Act 2022; ( e ) a prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022; ( f ) a prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022, and as continued by section 220(3) of the Financial Services and Markets Act 2022; or ( g ) a prohibition order made under section 7(1) of the Financial Services and Markets Act 2022; [Act 18 of 2022 wef 31/07/2024] “regulated financial institution” means a person that carries on a business, the conduct of which is regulated or authorised by the Authority or, if it is carried on in Singapore, would be regulated or authorised by the Authority; “regulatory authority”, in relation to a foreign country or territory, means an authority of the foreign country or territory exercising any function that corresponds to a regulatory function of the Authority under this Act, the Monetary Authority of Singapore Act 1970 or any of the written laws set out in the Schedule to that Act.


document_id: cba-2016
provision_ref: s47
chapter: PART 7 - CONTROL OF SUBSTANTIAL SHAREHOLDERS,
section: 47
title: Appeals
content:
47. —(1) Any person that is aggrieved by a decision of the Authority under section 40, 41 or 42 may, within 30 days after receiving the decision of the Authority, appeal in writing to the Minister. (2) A licensed credit bureau that is aggrieved by the decision of the Authority under section 46(2)( b ) may, within 30 days after receiving the decision of the Authority, appeal in writing to the Minister. (3) A licensed credit bureau, or any chief executive officer or director of the licensed credit bureau, that is aggrieved by a direction of the Authority under section 46(7) may, within 30 days after receiving the direction, appeal in writing to the Minister.


document_id: cba-2016
provision_ref: s48
chapter: PART 8 - INSPECTIONS AND INVESTIGATIONS
section: 48
title: Inspection by Authority
content:
48. —(1) The Authority may from time to time inspect, under conditions of secrecy, the books of a licensed credit bureau. (2) For the purposes of an inspection under this section — ( a ) a licensed credit bureau in possession of its books must produce the books to the Authority and give such information or facilities as the Authority may require; ( b ) a licensed credit bureau must procure any person that is in possession of its books to produce the books to the Authority and give such information or facilities as the Authority may require; and ( c ) the Authority may — (i) make copies of, or take possession of, any such books; (ii) use, or permit the use of, any such books for the purposes of any proceedings under this Act; and (iii) subject to subsection (4), retain possession of any such books for so long as is necessary — (A) for the purposes of exercising a power conferred by this section; (B) for a decision to be made on whether or not proceedings should be commenced under this Act in relation to such books; or (C) for such proceedings to be commenced and carried on. (3) A person is not entitled, as against the Authority, to claim a lien on any of the books, but such a lien is not otherwise prejudiced. (4) While the books are in the possession of the Authority, the Authority — ( a ) must permit another person to inspect at all reasonable times such (if any) of the books as the other person would be entitled to inspect if they were not in the possession of the Authority; and ( b ) may permit another person to inspect any of the books. (5) The Authority may require a person that produced any book to the Authority to explain, to the best of the person’s knowledge and belief, any matter about the compilation of the book or to which the book relates. (6) Any person that fails, without reasonable excuse, to comply with subsection (2)( a ) or ( b ) or a requirement of the Authority under 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 $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: cba-2016
provision_ref: s49
chapter: PART 8 - INSPECTIONS AND INVESTIGATIONS
section: 49
title: Investigation by Authority
content:
49. —(1) The Authority may conduct such investigation as it considers necessary or expedient for any of the following purposes: ( a ) to determine whether — (i) a licensed credit bureau is carrying on its business in a manner likely to be detrimental to the interests of its approved members or customers of its approved members; (ii) a licensed credit bureau is conducting its credit reporting business in a proper manner; or (iii) an approved member of a licensed credit bureau is conducting its activities as an approved member in a proper manner; ( b ) to investigate an alleged or suspected offence or contravention of any provision of this Act; ( c ) to ensure compliance with this Act or any written notice issued by the Authority under this Act. (2) For the purposes of subsection (1), the Authority may — ( a ) by written notice, require any person to provide information or to produce books relating to any matter under investigation, and the person must immediately comply with that requirement; ( b ) make copies of, or take possession of, any such books; ( c ) use, or permit the use of, any such books for the purposes of any proceedings under this Act; and ( d ) subject to subsection (4), retain possession of any such books for so long as is necessary — (i) for the purposes of exercising a power conferred by this section; (ii) for a decision to be made on whether or not proceedings should be commenced under this Act in relation to such books; or (iii) for such proceedings to be commenced and carried on. (3) A person is not entitled, as against the Authority, to claim a lien on any of the books, but such a lien is not otherwise prejudiced. (4) While the books are in the possession of the Authority, the Authority — ( a ) must permit another person to inspect at all reasonable times such (if any) of the books as the other person would be entitled to inspect if they were not in the possession of the Authority; and ( b ) may permit another person to inspect any of the books. (5) The Authority may require a person that produced any book to the Authority to explain, to the best of the person’s knowledge and belief, any matter about the compilation of the book or to which the book relates. (6) The Authority may exercise any of its powers for the purposes of conducting an investigation under this section despite the provisions of any prescribed written law (or any requirement imposed under the prescribed written law) or any rule of law. (7) A requirement imposed by the Authority in the exercise of its powers under this section has effect despite any obligation as to secrecy or other restrictions upon the disclosure of information imposed by any prescribed written law (or any requirement imposed under the prescribed written law), rule of law, contract or rule of professional conduct. (8) Any person that complies with a requirement imposed by the Authority in the exercise of its powers under this section is not to be treated as being in breach of any restriction on the disclosure of the information imposed by any prescribed written law (or any requirement imposed under the prescribed written law), rule of law, contract or rule of professional conduct. (9) No civil or criminal action lies against any person for — ( a ) providing information or producing books to the Authority if the person provided the information or produced the books in good faith in compliance with a requirement imposed by the Authority under this section; or ( b ) doing or omitting to do any act, if the person did or omitted to do the act in good faith and as a result of complying with a requirement imposed by the Authority under this section. (10) Any person that fails, without reasonable excuse, to comply with subsection (2)( a ) or a requirement of the Authority under 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 $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. (11) In this section, “prescribed written law” means this Act, or any of the following written laws and any subsidiary legislation made under this Act or those written laws: ( a ) Banking Act 1970; ( b ) Deposit Insurance and Policy Owners’ Protection Schemes Act 2011; ( c ) Finance Companies Act 1967; ( d ) Financial Advisers Act 2001; ( da ) Financial Services and Markets Act 2022; [Act 18 of 2022 wef 28/04/2023] ( e ) Insurance Act 1966; ( f ) Monetary Authority of Singapore Act 1970; ( g ) Payment Services Act 2019; ( h ) Securities and Futures Act 2001; ( i ) Trust Companies Act 2005; ( j ) any other written law that the Authority may prescribe. [2/2019]


document_id: cba-2016
provision_ref: s50
chapter: PART 8 - INSPECTIONS AND INVESTIGATIONS
section: 50
title: Confidentiality of inspection and investigation reports
content:
50. —(1) Subject to subsection (2), where the Authority has — ( a ) produced a written report — (i) upon an inspection under section 48 in respect of a licensed credit bureau; or (ii) in respect of any investigation under section 49; and ( b ) provided the report to the licensed credit bureau or the person under investigation (called in this section the bureau or person, as the case may be), the bureau or person, or any of the bureau’s or person’s officers or auditors, must not disclose the report to any other person. (2) The report mentioned in subsection (1) may be disclosed — ( a ) by the bureau or person to the bureau’s or person’s officer or auditor solely in connection with the performance of the duties of the officer or auditor in the bureau or person; ( b ) by any officer or auditor of the bureau or person to any other officer or auditor of the bureau or person, solely in connection with the performance of their duties in the bureau or person; or ( c ) to any other person that the Authority may approve in writing. (3) In granting written approval for any disclosure under subsection (2)( c ), the Authority may impose such conditions or restrictions as the Authority thinks fit on the bureau or person, any of the bureau’s or person’s officers or auditors, or the person to whom disclosure is approved, and the bureau or person, officer, auditor or the person to whom disclosure is approved must comply with the condition or restriction. (4) The obligations of an officer or auditor mentioned in subsections (1) and (3) continue after the termination or cessation of the person’s employment with or appointment by the bureau or person. (5) Any person that contravenes subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; or ( b ) in any other case, to a fine not exceeding $100,000. (6) Any person to whom the report is disclosed and that knows or has reasonable grounds for believing, at the time of the disclosure, that the report was disclosed to the person in contravention of subsection (1) shall be guilty of an offence unless the person proves that — ( a ) the disclosure was made contrary to the person’s desire; ( b ) where the disclosure was made in any written form, the person has, as soon as practicable after receiving the report, surrendered or taken all reasonable steps to surrender the report and all copies of the report to the Authority; and ( c ) where the disclosure was made in an electronic form, the person has, as soon as practicable after receiving the report, taken all reasonable steps to ensure that all electronic copies of the report have been deleted and that the report and all copies of the report in other forms have been surrendered to the Authority. (7) Any person convicted of an offence under subsection (6) shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; or ( b ) in any other case, to a fine not exceeding $100,000.


document_id: cba-2016
provision_ref: s51
chapter: PART 8 - INSPECTIONS AND INVESTIGATIONS
section: 51
title: Self‑incrimination
content:
51. —(1) A person is not excused from disclosing information to the Authority pursuant to a requirement made of the person under this Part on the grounds that the disclosure of the information might tend to incriminate the person. (2) Where a person claims, before making a statement disclosing information that the person is required to disclose by such requirement, that the statement might tend to incriminate the person, that statement is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence under section 64(1) or (2).


document_id: cba-2016
provision_ref: s52
chapter: PART 8 - INSPECTIONS AND INVESTIGATIONS
section: 52
title: Saving for advocates and solicitors
content:
52. —(1) Nothing in this Part — ( a ) compels an advocate and solicitor to disclose or produce privileged communication, or a document or other material containing privileged communication, made by or to him or her in that capacity; or ( b ) authorises the taking of any such document or other material that is in his or her possession. (2) An advocate and solicitor who refuses to disclose the information or produce the document or other material mentioned in subsection (1) must nevertheless give the name and address (if he or she knows them) of the person to whom, or by or on behalf of whom, that privileged communication was made. (3) Any advocate and solicitor who contravenes subsection (2) shall be guilty of an offence.


document_id: cba-2016
provision_ref: s53
chapter: PART 9 - AUTHORITY’S CONTROL OVER LICENSED
section: 53
title: Interpretation of this Part
content:
53. In this Part, unless the context otherwise requires — “business” includes affairs and property; “office‑holder”, in relation to a licensed credit bureau, means any person acting as the liquidator, provisional liquidator, receiver, receiver and manager, judicial manager or an equivalent person of the licensed credit bureau; “relevant business”, in relation to a licensed credit bureau, means any of its business — ( a ) in relation to which a statutory adviser has been appointed under section 54(2)( b ); ( b ) in relation to which a statutory manager has been appointed under section 54(2)( c ); or ( c ) that the Authority has assumed control of under section 54(2)( c ); “statutory adviser” means a statutory adviser appointed under section 54(2)( b ); “statutory manager” means a statutory manager appointed under section 54(2)( c ).


document_id: cba-2016
provision_ref: s54
chapter: PART 9 - AUTHORITY’S CONTROL OVER LICENSED
section: 54
title: Action by Authority if licensed credit bureau is unable to meet obligations, etc.
content:
54. —(1) The Authority may exercise one or more of the powers specified in subsection (2) as appears to it to be necessary, where — ( a ) a licensed credit bureau informs the Authority that it is or is likely to become insolvent, or that it is or is likely to become unable to meet its obligations, or that it has suspended or is about to suspend payments; ( b ) a licensed credit bureau is insolvent, becomes unable to meet its obligations, or suspends payments; ( c ) the Authority is of the opinion that the licensed credit bureau — (i) is carrying on its business in a manner likely to be detrimental to the confidentiality, security or integrity of any data held by the licensed credit bureau; (ii) is or is likely to become insolvent, or that it is or is likely to become unable to meet its obligations, or that it has suspended or is about to suspend payments; (iii) has contravened any of the provisions of this Act; or (iv) has failed to comply with any condition attached to its licence; or ( d ) the Authority considers it in the public interest to do so. (2) Subject to subsection (1), the Authority may — ( a ) require the licensed credit bureau to immediately take any action or to do or not to do any act in relation to its business as the Authority may consider necessary; ( b ) appoint one or more persons as statutory adviser, on such terms as the Authority may specify, to advise the licensed credit bureau on the proper management of such of the licensed credit bureau’s business as the Authority may determine; or ( c ) assume control of and manage such of the licensed credit bureau’s business as the Authority may determine, or appoint one or more persons as statutory manager to do so on such terms as the Authority may specify. (3) Where the Authority appoints 2 or more persons as statutory manager of a licensed credit bureau, the Authority must specify, in the terms of the appointment, which of the duties, functions and powers of the statutory manager — ( a ) may be discharged or exercised by such persons jointly and severally; ( b ) must be discharged or exercised by such persons jointly; and ( c ) must be discharged or exercised by a specified person of such persons. (4) Where the Authority has exercised any power under subsection (2), it may, at any time and without affecting its powers under section 11(2) or (3), do one or more of the following: ( a ) vary or revoke any requirement of, any appointment made by, or any action taken by the Authority under subsection (2) in the exercise of such power, on such terms as it may specify; ( b ) exercise any of the powers under subsection (2); ( c ) add to, vary or revoke any term the Authority has specified under this section. (5) A statutory manager or a statutory adviser incurs no liability for anything done (including any statement made) or omitted to be done with reasonable care and in good faith in the course of or in connection with — ( a ) the exercise or purported exercise of any power under this Act; ( b ) the performance or purported performance of any function or duty under this Act; or ( c ) the compliance or purported compliance with this Act.


document_id: cba-2016
provision_ref: s55
chapter: PART 9 - AUTHORITY’S CONTROL OVER LICENSED
section: 55
title: Assumption of control
content:
55. —(1) Upon assuming control of any business of a licensed credit bureau under section 54(2)( c ), the Authority or statutory manager (as the case may be) must take custody or control of the relevant business. (2) During the period when the Authority or statutory manager is in control of a licensed credit bureau’s relevant business, the Authority or statutory manager — ( a ) must manage the relevant business in the name of and on behalf of the licensed credit bureau; and ( b ) is treated as an agent of the licensed credit bureau. (3) In managing the licensed credit bureau’s relevant business, the Authority or statutory manager — ( a ) must ensure that the operations of the licensed credit bureau are conducted without compromising the confidentiality, security or integrity of any data held by the licensed credit bureau; and ( b ) has all the duties, powers and functions of the members of the board of directors of the licensed credit bureau (collectively and individually) under — (i) this Act; (ii) the Companies Act 1967; and (iii) the licensed credit bureau’s constitution, including powers of delegation, in relation to the relevant business. (4) Despite subsection (3), the Authority or statutory manager is not required to call any meeting of the licensed credit bureau under the Companies Act 1967 or the licensed credit bureau’s constitution. (5) Despite any written law or rule of law — ( a ) upon the Authority or statutory manager assuming control of any business of a licensed credit bureau under section 54(2)( c ), any appointment of an individual as chief executive officer or director of the licensed credit bureau that was in force immediately before the assumption of control is treated as revoked, unless the Authority gives its approval, by written notice to the individual and the licensed credit bureau, for the individual to remain in the appointment; and ( b ) during the period when the Authority or statutory manager is in control of the licensed credit bureau’s relevant business, an individual must not be appointed as chief executive officer or director of the licensed credit bureau, except with the approval of the Authority. (6) Where the Authority has given its approval under subsection (5) for an individual to remain in the appointment of, or to be appointed as, chief executive officer or director of a licensed credit bureau, the Authority may at any time, by written notice to the individual, revoke its approval and such appointment is treated as revoked on the date specified in the notice. (7) Despite any written law or rule of law, if any individual whose appointment as chief executive officer or director of a licensed credit bureau is revoked under subsection (5) or (6), acts or purports to act after the revocation as chief executive officer or director of the licensed credit bureau during the period when the Authority or statutory manager is in control of the licensed credit bureau’s relevant business under section 54(2)( c ) — ( a ) the act or purported act of the individual is invalid and of no effect; and ( b ) the individual shall be guilty of an offence. (8) Despite any written law or rule of law, if any individual who is appointed as chief executive officer or director of a licensed credit bureau in contravention of subsection (5) acts or purports to act as chief executive officer or director of the licensed credit bureau during the period when the Authority or statutory manager is in control of the licensed credit bureau’s relevant business under section 54(2)( c ) — ( a ) the act or purported act of the individual is invalid and of no effect; and ( b ) the individual shall be guilty of an offence. (9) During the period when the Authority or statutory manager is in control of a licensed credit bureau’s relevant business — ( a ) if there is any conflict or inconsistency between — (i) a direction or decision given by the Authority or statutory manager (including a direction or decision given to a person or body of persons mentioned in sub‑paragraph (ii)); and (ii) a direction or decision given by any chief executive officer, director, member, executive officer, employee, agent, office‑holder, or the board of directors, of the licensed credit bureau, or any trustee for the licensed credit bureau, the direction or decision mentioned in sub‑paragraph (i) prevails over the direction or decision mentioned in sub‑paragraph (ii) to the extent of the conflict or inconsistency; and ( b ) a person must not exercise any voting or other right attached to any share in the licensed credit bureau in any manner that may defeat or interfere with any duty, power or function of the Authority or statutory manager, and any such act or purported act is invalid and of no effect. (10) Any individual who is guilty of an offence under subsection (7) or (8) shall be liable on conviction 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.


document_id: cba-2016
provision_ref: s56
chapter: PART 9 - AUTHORITY’S CONTROL OVER LICENSED
section: 56
title: Other provisions concerning control
content:
56. —(1) The Authority must cease to be in control of a licensed credit bureau’s relevant business when the Authority is satisfied that the reasons for its assumption of control of the relevant business have ceased to exist. (2) A statutory manager is treated to have assumed control of a licensed credit bureau’s relevant business on the date of the statutory manager’s appointment as a statutory manager. (3) Without limiting section 54(4)( a ), the Authority may at any time revoke the appointment of a statutory manager in relation to a licensed credit bureau’s relevant business — ( a ) if the Authority is satisfied that the reasons for the appointment have ceased to exist; ( b ) if the confidentiality, security or integrity of any data held by the licensed credit bureau is compromised; or ( c ) on any other ground. (4) The statutory manager must cease to be in control of the relevant business upon revocation of its appointment under subsection (3) or section 54(4)( a ). (5) The Authority must publish in the Gazette the date, and any other particulars that it thinks fit, of — ( a ) its assuming control of a licensed credit bureau’s relevant business; ( b ) the cessation of its control of a licensed credit bureau’s relevant business; ( c ) the appointment of a statutory manager in relation to a licensed credit bureau’s relevant business; and ( d ) the revocation of a statutory manager’s appointment in relation to a licensed credit bureau’s relevant business.


document_id: cba-2016
provision_ref: s57
chapter: PART 9 - AUTHORITY’S CONTROL OVER LICENSED
section: 57
title: Responsibilities of directors, officers, etc., of licensed credit bureau
content:
57. —(1) During the period when the Authority or statutory manager is in control of a licensed credit bureau’s relevant business — ( a ) the General Division of the High Court may, on an application of the Authority or statutory manager, direct any former or current relevant person of the licensed credit bureau to pay, deliver, convey, surrender or transfer to the Authority or statutory manager, within such period as the General Division of the High Court may specify, any property or book of the licensed credit bureau that — (i) forms part of or relates to the business of the licensed credit bureau; and (ii) is in the person’s possession or control; and ( b ) any former or current relevant person of the licensed credit bureau must provide the Authority or statutory manager such information as the Authority or statutory manager may require to — (i) discharge its duties or functions; or (ii) exercise its powers, in relation to the licensed credit bureau, within such time and in such manner as the Authority or statutory manager may specify. [40/2019] (2) Any person who — ( a ) without reasonable excuse, fails to comply with subsection (1)( b ); or ( b ) in purported compliance with subsection (1)( b ), knowingly or recklessly provides any information or document that is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction 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 (if applicable), to a further fine not exceeding $12,500 for every day or part of a day during which the offence continues after conviction. (3) In this section, “relevant person”, in relation to a licensed credit bureau, means a chief executive officer, director, executive officer, employee, agent, banker, auditor or office‑holder of, or trustee for, the licensed credit bureau.


document_id: cba-2016
provision_ref: s58
chapter: PART 9 - AUTHORITY’S CONTROL OVER LICENSED
section: 58
title: Remuneration and expenses of Authority and others in certain cases
content:
58. The Authority may at any time fix the remuneration and expenses to be paid by a licensed credit bureau — ( a ) to a statutory adviser or statutory manager appointed in relation to the licensed credit bureau, whether or not the appointment has been revoked; and ( b ) where the Authority has assumed control of any business of a licensed credit bureau under section 54(2)( c ), to the Authority and any person appointed by the Authority under section 5 in relation to its assumption of control of such business, whether or not the Authority has ceased to be in control of such business.


document_id: cba-2016
provision_ref: s59
chapter: PART 9 - AUTHORITY’S CONTROL OVER LICENSED
section: 59
title: Matters requiring approval of Authority
content:
59. —(1) A licensed credit bureau must apply in writing for approval from the Authority before — ( a ) carrying on any business other than credit reporting business; ( b ) any change in — (i) the licensed credit bureau’s name; (ii) the licensed credit bureau’s constitution; (iii) the licensed credit bureau’s shareholding; (iv) the reciprocity arrangement or equivalent operating rules between the licensed credit bureau and any of its approved members; (v) the format of a credit report and specifications of the data to be processed; (vi) the scope, definition, classification and retention period of data collected, used or disclosed by the licensed credit bureau; (vii) the credit scoring methodology, credit scoring model validation method, analysis and reporting of credit scoring used by the licensed credit bureau; (viii) any other products or services offered by the licensed credit bureau; or (ix) any matter that may impact or potentially impact the confidentiality, security or integrity of any data held by the licensed credit bureau; or ( c ) any addition to, removal of or amendment to the terms or rules of membership of the licensed credit bureau. (2) The Authority may — ( a ) grant its approval, with or without conditions; and ( b ) at any time vary or revoke any condition of approval in paragraph ( a ), or impose conditions or additional conditions in respect of any approval granted under paragraph ( a ). (3) Any person that contravenes subsection (1) or any condition imposed by the Authority under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: cba-2016
provision_ref: s60
chapter: PART 10 - OFFENCES
section: 60
title: Offences by corporations
content:
60. —(1) Where, in a proceeding for an offence under this Act, 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. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation, or a member of a corporation whose affairs are managed by its members; or (ii) an individual who is involved in the management of the corporation and is 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 (if this is not already an offence under section 62(1)) be guilty of the same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (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. (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. (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (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 any such 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.


document_id: cba-2016
provision_ref: s61
chapter: PART 10 - OFFENCES
section: 61
title: Offences by unincorporated associations or partnerships
content:
61. —(1) Where, in a proceeding for an offence under this Act, 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 of the 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. (2) Where an unincorporated association or a partnership commits an offence under this Act, 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 who is involved in the management of the unincorporated association or partnership and is in a position to influence the conduct of the unincorporated association or partnership (as the case may be) 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 (as the case may be), and shall be liable on conviction to be punished accordingly. (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. (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. (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, and applies whether or not the unincorporated association or partnership is convicted of the offence. (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 any such 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.


document_id: cba-2016
provision_ref: s62
chapter: PART 10 - OFFENCES
section: 62
title: Offences by officers
content:
62. —(1) Any officer of a licensed credit bureau whose duty is or includes ensuring that the licensed credit bureau complies with a provision of this Act, who fails to take all reasonable steps to secure such compliance, 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 2 years or to both. (2) Any officer of a licensed credit bureau whose duty is or includes submitting information to the Authority or any other person under this Act, who fails to take all reasonable steps to ensure the accuracy and correctness of any information so submitted, shall (if such failure is not already an offence under section 64(1) or (2)) 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 2 years or to both. (3) In any proceedings against an officer under subsection (1) or (2), it is a defence for the officer to prove that he or she had reasonable grounds for believing that — ( a ) another individual was charged with the duty of — (i) securing compliance with the requirements of this Act; or (ii) ensuring that the information submitted was accurate, as the case may be; and ( b ) that individual was competent, and in a position, to discharge that duty. (4) An officer is not to be sentenced to imprisonment for any offence under subsection (1) or (2) unless, in the opinion of the court, he or she committed the offence wilfully.


document_id: cba-2016
provision_ref: s63
chapter: PART 10 - OFFENCES
section: 63
title: Falsification of records by officers, etc.
content:
63. —(1) Any officer, auditor, employee or agent of a licensed credit bureau who — ( a ) wilfully makes, or causes to be made, a false entry in any book, or in any report, slip, document or statement of the business, affairs, transactions, conditions or assets of that licensed credit bureau; ( b ) wilfully omits to make an entry in any book, or in any report, slip, document or statement of the business, affairs, transactions, conditions or assets of that licensed credit bureau, or wilfully causes any such entry to be omitted; or ( c ) wilfully alters, extracts, conceals or destroys an entry in any book, or in any report, slip, document or statement of the business, affairs, transactions, conditions or assets of that licensed credit bureau, or wilfully causes any such entry to be altered, extracted, concealed or destroyed, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both. (2) In subsection (1), “officer” includes a person purporting to act in the capacity of an officer.


document_id: cba-2016
provision_ref: s64
chapter: PART 10 - OFFENCES
section: 64
title: Duty to use reasonable care not to provide false information to Authority
content:
64. —(1) Any individual who provides the Authority with any information under or for the purposes of any provision of this Act must use reasonable care to ensure that the information is not false or misleading in any material particular. (2) Any individual who — ( a ) signs any document lodged with the Authority; or ( b ) lodges with the Authority any document by electronic means using any identification or identifying code, password or other authentication method or procedure assigned to him or her by the Authority, must use reasonable care to ensure that the document is not false or misleading in any material particular. (3) Any individual who contravenes subsection (1) or (2) shall (if the provision of such information, or the signing or lodging of such document, that is false or misleading in a material particular is not already an offence under any other provision of this Act) be guilty of an offence and shall be liable on conviction to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: cba-2016
provision_ref: s65
chapter: PART 10 - OFFENCES
section: 65
title: General penalty
content:
65. Any person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $50,000; or ( b ) in any other case, to a fine not exceeding $100,000.


document_id: cba-2016
provision_ref: s66
chapter: PART 10 - OFFENCES
section: 66
title: Composition of offences
content:
66. —(1) The Authority may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding half of the amount of the maximum fine prescribed for that offence. (2) The Authority may compound any offence under this Act (including an offence under a provision that has been repealed) that — ( a ) was compoundable under this section when the offence was committed; but ( b ) has ceased to be so compoundable, by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding half of the amount of the maximum fine prescribed for that offence at the time it was committed. (3) On payment of the sum of money mentioned in subsection (1) or (2), no further proceedings are to be taken against that person in respect of the offence. (4) All sums collected by the Authority under subsection (1) or (2) must be paid into the Consolidated Fund.


document_id: cba-2016
provision_ref: s67
chapter: PART 11 - APPEALS
section: 67
title: Appeals to Minister
content:
67. —(1) Where an appeal is made to the Minister under this Act, the Minister may — ( a ) confirm, vary or reverse the decision of the Authority on appeal; and ( b ) give any directions in the matter that the Minister thinks fit, and the decision of the Minister is final. (2) Where an appeal is made to the Minister under this Act, the Minister must, within 28 days after receiving the appeal — ( a ) constitute an Appeal Advisory Committee comprising at least 3 members of the Appeal Advisory Panel; and ( b ) refer the appeal to the Appeal Advisory Committee. (3) The Appeal Advisory Committee must submit to the Minister a written report on the appeal referred to it under subsection (2) and may make such recommendations as it thinks fit. (4) The Minister must consider the report submitted under subsection (3) in making his or her decision under subsection (1) but he or she is not bound by the recommendations in the report.


document_id: cba-2016
provision_ref: s68
chapter: PART 11 - APPEALS
section: 68
title: Appeal Advisory Committee
content:
68. —(1) For the purpose of enabling an Appeal Advisory Committee to be constituted under section 67, the Minister must appoint a panel (called in this Part the Appeal Advisory Panel) comprising such members from the financial services industry, and the public and private sectors, as the Minister may appoint. (2) A member of the Appeal Advisory Panel is to be appointed for a term of up to 2 years and is eligible for re‑appointment. (3) An Appeal Advisory Committee has the power, in the exercise of its functions, to inquire into any matter or thing related to the financial services industry and, for this purpose, may summon any person to give evidence on oath or affirmation or produce any document or material necessary for the purposes of the inquiry. (4) Nothing in subsection (3) — ( a ) compels an advocate and solicitor to disclose or produce privileged communication, or a document or other material containing privileged communication, made by or to him or her in that capacity; or ( b ) authorises the taking of any such document or other material that is in his or her possession. (5) An advocate and solicitor who refuses to produce any document or other material mentioned in subsection (4) must nevertheless give the name and address (if he or she knows them) of the person to whom, or by or on behalf of whom, the privileged communication was made. (6) For the purposes of this Act, every member of an Appeal Advisory Committee — ( a ) is deemed to be a public servant for the purposes of the Penal Code 1871; and ( b ) in case of any suit or other legal proceedings brought against him or her for any act done or omitted to be done in the execution of his or her duty under this Part, has the same protection and privileges as are by law given to a Judge in the execution of his or her office. (7) Every Appeal Advisory Committee must have regard to the public interest, the protection of data subjects and the safeguarding of sources of information. (8) Subject to the provisions of this Part, an Appeal Advisory Committee may regulate its own procedure and is not bound by the rules of evidence.


document_id: cba-2016
provision_ref: s69
chapter: PART 11 - APPEALS
section: 69
title: Disclosure of information
content:
69. Nothing in this Act requires the Minister or any public servant (including a member of an Appeal Advisory Committee deemed to be a public servant under section 68(6)( a )) to disclose facts that he or she considers to be contrary to the public interest to disclose.


document_id: cba-2016
provision_ref: s70
chapter: PART 11 - APPEALS
section: 70
title: Regulations for purposes of this Part
content:
70. —(1) The Minister may make regulations prescribing matters required or permitted by this Part to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Part. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to — ( a ) the appointment of members to, and procedures of, the Appeal Advisory Panel and Appeal Advisory Committees; ( b ) the form and manner in which an appeal to the Minister under this Act is to be made; ( c ) the fees to be paid in respect of any appeal made to the Minister under this Act; ( d ) the remuneration of the members of the Appeal Advisory Panel and Appeal Advisory Committees; and ( e ) all matters and things that by this Part are required or permitted to be prescribed or that are necessary or expedient to be prescribed to give effect to any provision of this Part.


document_id: cba-2016
provision_ref: s71
chapter: PART 12 - MISCELLANEOUS
section: 71
title: Jurisdiction of District Court
content:
71. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has — ( a ) jurisdiction to try any offence under this Act; and ( b ) power to impose the full penalty or punishment in respect of any offence under this Act.


document_id: cba-2016
provision_ref: s72
chapter: PART 12 - MISCELLANEOUS
section: 72
title: Opportunity to be heard
content:
72. Where this Act provides for a person to be given an opportunity to be heard by the Authority, the Authority may prescribe the manner in which the person is to be given such opportunity to be heard.


document_id: cba-2016
provision_ref: s73
chapter: PART 12 - MISCELLANEOUS
section: 73
title: Power of court to make certain orders
content:
73. —(1) Where, on an application of the Authority, it appears to the court that a person — ( a ) has committed an offence under this Act; or ( b ) is about to do an act that, if done, would be an offence under this Act, the court may (without prejudice to any other order it may make) make one or more of the orders under subsection (2). (2) The orders mentioned in subsection (1) are — ( a ) in the case of a persistent or continuing contravention of a provision of this Act, an order restraining a person from — (i) carrying on a credit reporting business under section 6; or (ii) holding itself out as a licensed credit bureau under section 9; ( b ) for the purpose of securing compliance with any order made under this section, an order directing a person to do or refrain from doing any specified act; or ( c ) any ancillary order the court considers to be desirable as a result of making any other order under this section. (3) The court may, before making an order under subsection (2), direct that notice of the application be given to any person that it thinks fit or that notice of the application be published in any manner that it thinks fit, or both. (4) Any person that, without reasonable excuse, contravenes an order made under subsection (2) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; or ( b ) in any other case, to a fine not exceeding $100,000. (5) Subject to subsection (6), subsection (4) does not affect the powers of the court in relation to the punishment of contempt of court. (6) Where a person is convicted of an offence under subsection (4) in respect of any contravention of an order made under subsection (2), such contravention is not punishable as a contempt of court. (7) A person cannot be convicted of an offence under subsection (4) in respect of any contravention of an order made under subsection (2) that has been punished as a contempt of court. (8) The court may rescind, vary or discharge an order made by it under this section or suspend the operation of such an order.


document_id: cba-2016
provision_ref: s74
chapter: PART 12 - MISCELLANEOUS
section: 74
title: General exemption
content:
74. —(1) The Authority may, by regulations, exempt any person or any class of persons from all or any of the provisions of this Act, subject to such conditions as may be prescribed. (2) The Authority may, on the application of any person, exempt the person from — ( a ) all or any of the provisions of this Act; or ( b ) the requirements specified in any written notice, if the Authority considers it appropriate to do so in the circumstances of the case. (3) An exemption under subsection (2) — ( a ) may be granted by written notice subject to such conditions as the Authority may specify in the notice; ( b ) need not be published in the Gazette ; and ( c ) may be withdrawn at any time by the Authority. (4) The Authority may at any time add to, vary or revoke any term or condition imposed under this section. (5) Any person that contravenes any condition — ( a ) prescribed under subsection (1); ( b ) specified by the Authority under subsection (3)( a ); or ( c ) added or varied under subsection (4), shall be guilty of an offence.


document_id: cba-2016
provision_ref: s75
chapter: PART 12 - MISCELLANEOUS
section: 75
title: Power of Authority to issue written notice
content:
75. —(1) The Authority may, if it thinks it necessary or expedient in the interest of the public or a section of the public, or for the protection of data subjects, issue a written notice, either of a general or a specific nature, to — ( a ) any licensed credit bureau; ( b ) any class of licensed credit bureaus; ( c ) any approved member of a licensed credit bureau; or ( d ) any class of approved members of a licensed credit bureau, to comply with such requirements as the Authority may specify in the notice. (2) Without limiting subsection (1), a notice may be issued — ( a ) with respect to — (i) the activities that may be carried out by — (A) the licensed credit bureau in relation to its business; or (B) the approved member of a licensed credit bureau in relation to its membership of that licensed credit bureau; (ii) the standards, framework, policies and procedures for — (A) the prudent management of risks (including information technology risks); and (B) the protection of the confidentiality, security and integrity of any data held by the licensed credit bureau; (iii) the financial soundness, financial management and stability of the licensed credit bureau; (iv) the membership and reciprocity arrangements, internal controls and operations of the licensed credit bureau; (v) the standards to be maintained by the licensed credit bureau in the conduct of its business; (vi) the arrangement and conditions that are to apply if the licensed credit bureau appoints any person as an independent contractor to carry out any of the licensed credit bureau’s functions and duties; (vii) the type, form, manner and frequency of returns and other information to be submitted to the Authority; (viii) the preparation and publication of reports on the performance of the licensed credit bureau; (ix) the remuneration of an auditor appointed under this Act and the costs of an audit carried out under this Act; (x) the manner in which the licensed credit bureau conducts its operations, including — (A) the scope, definition, classification and retention period of any data collected, used or disclosed by the licensed credit bureau; and (B) the credit scoring methodology, credit scoring model validation method, analysis and reporting of credit scoring to be used by the licensed credit bureau; and (xi) the collection by or on behalf of the Authority of information from the licensed credit bureau in relation to the conduct of the licensed credit bureau’s credit reporting business at such intervals or on such occasions as may be set out in the notice; ( b ) where any person is contravening, is likely to contravene or has contravened, any provision of this Act, to require the person — (i) to comply with that provision or to cease contravening that provision; (ii) to take any action necessary to enable the person to conduct the person’s business in accordance with sound principles; and (iii) where the person is a company, to remove any of its directors; and ( c ) for any other purpose specified in this Act. (3) It is not necessary to publish any written notice issued under subsection (1) in the Gazette . (4) The Authority may at any time vary, rescind or revoke any notice issued under subsection (1). (5) Any person that fails to comply with any requirement specified in a notice issued under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: cba-2016
provision_ref: s76
chapter: PART 12 - MISCELLANEOUS
section: 76
title: Codes, guidelines, etc., by Authority
content:
76. —(1) The Authority may issue, and in its discretion publish by notification in the Gazette or in any other manner it considers appropriate, such codes, guidelines, policy statements, practice notes and no‑action letters as it considers appropriate for providing guidance — ( a ) in furtherance of its regulatory objectives; ( b ) in relation to any matter relating to any of its functions under this Act; or ( c ) in relation to the operation of any of the provisions of this Act. (2) The Authority may, at any time, amend or revoke the whole or any part of any code, guideline, policy statement, practice note or no‑action letter issued under this section. (3) Where amendments are made under subsection (2) — ( a ) the other provisions of this section apply, with the necessary modifications, to such amendments as they apply to the code, guideline, policy statement, practice note or no‑action letter; and ( b ) any reference in this Act or any other written law to the code, guideline, policy statement, practice note or no‑action letter, however expressed, is (unless the context otherwise requires) a reference to the code, guideline, policy statement, practice note or no‑action letter as so amended. (4) Any failure by a person to comply with any provision of a code, guideline, policy statement or practice note issued under this section to the person does not of itself render that person liable to criminal proceedings, but any such failure may, in any proceedings, whether civil or criminal, be relied upon by any party to the proceedings as tending to establish or negate any liability that is in question in the proceedings. (5) The issue by the Authority of a no‑action letter does not of itself prevent the institution of any proceedings against any person for the contravention of any provision of this Act. (6) Any code, guideline, policy statement or practice note issued under this section may be of general or specific application, and may specify that different provisions of such code, guideline, policy statement or practice note apply to different circumstances or provide for different cases or classes of cases. (7) To avoid doubt, any code, guideline, policy statement, practice note or no‑action letter issued under this section is not to be treated as subsidiary legislation. (8) In this section, “no‑action letter” means a letter written by the Authority to a person to the effect that, if the facts are as represented by the person, the Authority will not institute proceedings against the person in respect of a particular state of affairs or particular conduct.


document_id: cba-2016
provision_ref: s77
chapter: PART 12 - MISCELLANEOUS
section: 77
title: Regulations
content:
77. —(1) The Authority may make regulations prescribing matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting subsection (1), the Authority may make regulations for or with respect to — ( a ) the fees to be paid in respect of any matter or thing required for the purposes of this Act; ( b ) the corporate governance of licensed credit bureaus; ( c ) prescribing the offences that may be compounded; and ( d ) prescribing the procedure — (i) for the use of the electronic service mentioned in section 79; and (ii) in circumstances where there is a breakdown or interruption of the electronic service. (3) Except as otherwise expressly provided in this Act, regulations made under this Act — ( a ) may be of general or specific application; ( b ) may contain provisions of a saving or transitional nature; ( c ) may provide that a contravention of any specified provision of the regulations shall be an offence; and ( d ) may provide — (i) in the case of an individual, for penalties not exceeding a fine of $50,000 or imprisonment for a term not exceeding 2 years or both for each offence and, in the case of a continuing offence, a further penalty not exceeding a fine of $5,000 for every day or part of a day during which the offence continues after conviction; and (ii) in any other case, for penalties not exceeding a fine of $100,000 and, in the case of a continuing offence, a further penalty not exceeding a fine of $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: cba-2016
provision_ref: s78
chapter: PART 12 - MISCELLANEOUS
section: 78
title: Service of documents
content:
78. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act 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; or ( 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. (3) A document permitted or required by this Act 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; or ( c ) by sending it by fax to the fax number used at the partnership’s business address. (4) A document permitted or required by this Act 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 the 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; or ( 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. (5) Service of a document under subsection (2), (3) or (4) takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; and ( b ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). (6) This section does not apply to documents to be served in proceedings in court. (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; “document” includes a notice permitted or required by this Act to be served; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: cba-2016
provision_ref: s79
chapter: PART 12 - MISCELLANEOUS
section: 79
title: Electronic service
content:
79. —(1) The Authority may provide an electronic service for the service of any document that is required or authorised by this Act to be served on any person. (2) For the purposes of the electronic service, the Authority may assign to any person — ( a ) an authentication code; and ( b ) an account with the electronic service. (3) Despite section 78, where a person has given consent for any document to be served on the person through the electronic service — ( a ) the Authority may serve the document on that person by transmitting an electronic record of the document to that person’s account with the electronic service; and ( b ) the document is treated as having been served at the time when an electronic record of the document enters the person’s account with the electronic service. (4) In this section — “account with the electronic service”, in relation to any person, means a computer account within the electronic service that is assigned by the Authority to the person for the storage and retrieval of electronic records relating to the person; “authentication code”, in relation to any person, means an identification or identifying code, a password or any other authentication method or procedure that is assigned to the person for the purposes of identifying and authenticating the access to and use of the electronic service by the person; “document” includes a notice and order; “electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010.


document_id: cba-2016
provision_ref: s80
chapter: PART 12 - MISCELLANEOUS
section: 80
title: Amendment of Schedules
content:
80. —(1) The Minister may, by order in the Gazette , amend, add to or vary the First Schedule. (2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provisions as may be necessary or expedient. (3) Any order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: cba-2016
provision_ref: s81
chapter: PART 12 - MISCELLANEOUS
section: 81
title: Saving and transitional provisions
content:
81. —(1) Any person ( Y ) that, immediately before 31 May 2021, is recognised as a credit bureau by the Authority by notification in the Gazette for the purposes of the Third Schedule to the Banking Act 1970, is treated as having been granted a licence under section 7(3) of this Act to carry on consumer credit reporting business (called in this section a transitional licence) until — ( a ) 6 months after 31 May 2021; or ( b ) where Y applies for a licence on or before the end of the period in paragraph ( a ), the date on which the licence is granted to Y or the application is refused or withdrawn. (2) Any condition to which Y is subject as a recognised credit bureau in subsection (1) immediately before 31 May 2021 is, to the extent that it is consistent with the provisions of this Act, treated as a condition to which Y is subject under its transitional licence. (3) Subject to subsection (4), any person ( X ) (not being a person set out in the First Schedule) that immediately before 31 May 2021 is a member of Y , is treated as having been approved under section 29(6) of this Act as an approved member of Y until — ( a ) 6 months after 31 May 2021; or ( b ) where an application is made for X to be an approved member on or before the end of the period in paragraph ( a ), the date on which the Authority approves X as an approved member or the application is refused or withdrawn. (4) Any individual who, immediately before 31 May 2021, is a chief executive officer or director of Y , is treated as having been appointed as a chief executive officer or director of the licensed credit bureau with the approval of the Authority under section 46(2)( b ) of this Act. (5) For a period of 2 years after 31 May 2021, the Minister may, by regulations, prescribe such further saving, transitional and other consequential provisions as the Minister may consider necessary or expedient. [84


document_id: cbca-1960
provision_ref: s1
section: 1
title: Cases where contracts need not be under seal
content:
1. —(1) Contracts may be made on behalf of any body corporate, wherever incorporated, as follows: ( a ) a contract which if made between private persons would by law be required to be in writing, signed by the parties to be charged therewith, may be made on behalf of the body corporate in writing signed by any person acting under its authority, express or implied; and ( b ) a contract which if made between private persons would by law be valid although made by parol only, and not reduced into writing, may be made by parol on behalf of the body corporate by any person acting under its authority, express or implied. (2) A contract made according to this section shall be effectual in law, and shall bind the body corporate and its successors and all other parties thereto. (3) A contract made according to this section may be varied or discharged in the same manner in which it is authorised by this section to be made. (4) Nothing in this section shall be taken as preventing a contract under seal from being made by or on behalf of a body corporate. (5) Nothing in this section applies to the making, variation or discharge of a contract before 12 November 1993 except in so far as it was applicable by virtue of section 5 of the Civil Law Act 1909 in force before that date.


document_id: cbca-1960
provision_ref: s2
section: 2
title: Exclusion of companies under Companies Act 1967, etc.
content:
2. This Act shall not apply to any company as defined in the Companies Act 1967, any limited liability partnership as defined in the Limited Liability Partnerships Act 2005 or any variable capital company as defined in the Variable Capital Companies Act 2018. [5/2005] [S 26/2022 wef 13/01/2022]


document_id: cbra-2018
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. —(1) This Act is the Cross-Border Railways Act 2018. (2) Sections 25 and 29, Parts 6 to 9 and sections 68 to 72, 77 and 78( c ) come into operation on a date that the Minister appoints by notification in the Gazette .


document_id: cbra-2018
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “act of unlawful interference” means the doing or attempting to do anything to jeopardise the safety of a cross‑border railway, and includes any of the following: ( a ) unlawful taking control of a cross‑border train by force, or threat of force, or any other form of intimidation or by any trick or false pretence; ( b ) destroying a cross‑border train in service; ( c ) hostage-taking on board a cross‑border train, or at a train station of a cross‑border railway; ( d ) forcible intrusion on board a cross‑border train, at a train station of a cross‑border railway or on the premises of a concessionaire or licensee, or a subcontractor of a concessionaire or licensee, that puts the safety of the cross‑border train, or any person on board or outside the cross‑border train, at risk; ( e ) introducing on board a cross‑border train, or at a train station of a cross‑border railway, a weapon, hazardous device or any material intended for criminal purposes; ( f ) use of a cross‑border train in service or other railway asset for the purpose of causing death, serious bodily injury or serious damage to property or the environment; ( g ) communication of false or misleading information for the purposes of putting the safety of a cross‑border train, or of passengers or crew or the general public at a train station of a cross‑border railway or on the premises of a licensee, at risk; “auxiliary police officer” means a person appointed as such under Part 9 of the Police Force Act 2004; “bilateral committee”, in relation to a bilateral railway agreement, means the committee of individuals established jointly by the Government of the Republic of Singapore and the Government of Malaysia under the bilateral railway agreement for the purpose of coordinating the implementation of that agreement; “bilateral railway agreement” means — ( a ) the High Speed Rail Bilateral Agreement; or ( b ) any other agreement, between the Government of the Republic of Singapore and the Government of Malaysia only, signed after 3 October 2017 and providing for or about any other railway starting outside but ending in Singapore, a redacted copy of which the Minister makes available for inspection at a public office prescribed; “code of practice” means a code of practice issued or approved under section 36, and includes any such code of practice as amended from time to time under that section; “concession agreement” means an agreement entered into between the Government and a person (called in this Act the concessionaire) in return for the undertaking of such obligations by the person as may be specified in the agreement with respect to the design, construction, maintenance, operation or improvement of a cross‑border railway, and includes a concession agreement as varied or supplemented from time to time; “concessionaire” means the person who is a party to the concession agreement, and includes the person for the time being entitled to exercise those rights because of an assignment or transfer of the agreement to that person; “construction”, in relation to railway infrastructure, includes — ( a ) the reconstruction or realignment of the railway infrastructure; and ( b ) permanently improving the railway infrastructure or otherwise bringing it to a higher standard, and any associated design, investigative and engineering studies, but does not include the maintenance and management of the railway infrastructure; “corresponding rail authority”, in relation to Malaysia, means a person or body that the Minister designates as such, on being satisfied that the person or body is authorised under the law of Malaysia to discharge functions similar to the LTA’s under this Act; “cross-border railway” means a railway which — ( a ) has a railway network with a terminus in Singapore and runs to any part of peninsular Malaysia; and ( b ) is constructed under this Act; “cross-border railway security agency” means a person or body of persons designated under section 58 to be the cross‑border railway security agency for the purposes of this Act; “cross-border train” means a train used for or in connection with providing a cross‑border train service; “cross-border train service” means a passenger train service provided using a cross‑border railway, for journeys that are partly in Singapore; “cross-border train service licence” means a licence granted under section 31 authorising the licensee to provide a cross‑border train service on a cross‑border railway specified in the licence; “High Speed Rail Bilateral Agreement” means the agreement between the Government of the Republic of Singapore and the Government of Malaysia, dated 13 December 2016, concerning the Kuala Lumpur — Singapore High Speed Rail, a redacted copy of which the Minister makes available for inspection at a public office prescribed; “improve”, in relation to any railway infrastructure or railway asset, includes renewing the railway infrastructure or railway asset; “independent safety auditor” means an individual appointed under section 49; “land” has the meaning given by the Land Titles Act 1993; “licence” means — ( a ) a railway assets operating licence; or ( b ) a cross-border train service licence; “licensee” means the holder of a licence but excludes such a holder when the licence is suspended; “LTA” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act 1995; “maintenance” includes the prevention, detection and rectification of any fault; “management”, in relation to any railway asset, means to acquire, design, construct, install, operate, maintain in proper condition and improve the railway asset; “modification” and “modify”, in relation to the conditions of a licence, include deleting or varying and substituting a condition, and adding a condition; “network services”, in relation to a railway, means — ( a ) the construction, maintenance, realignment and renewal of tracks of the railway; ( b ) the installation, operation, maintenance and renewal of a railway signalling system, railway communications system and railway control system; ( c ) the installation, operation, maintenance and renewal of operation control centres; ( d ) the installation, operation, maintenance and renewal of electrical conductor rails or overhead lines, of any support for electrical conductor rails or overhead lines, and of any electrical substation (including those for traction power or power connections) used or to be used in connection with those rails or lines, and the provision of electrical power by those means; ( e ) the provision and operation of services for the recovery or repair of trains or other rolling stock in connection with any accident on, or malfunction of, the railway network; ( f ) the operation of a train being used on a railway network for any purpose comprised in the operation of that network, including for a purpose preparatory or incidental to, or consequential on, using such a train; ( g ) the provision and operation of services for keeping the track free from, or serviceable despite, obstruction (whether by water, fallen leaves or any other natural or man‑made obstacle) or for removing any such obstruction; ( h ) the provision, operation, maintenance and renewal of any plan, equipment or machinery used in carrying out any activity specified in paragraphs ( a ) to ( g ); ( i ) the exercise of day-to-day control over train movements over or along any track comprised in the railway network, including the preparation of a timetable for purposes of such control; and ( j ) for a particular licensee, any other service which consists of, or is comprised in, the provision or operation of the railway network (or of any track or other installations comprised in that network), and which is specified in the licensee’s licence; “open network services” means network services provided to a train service operator for or in connection with a cross‑border train service provided by that operator; “operation of a railway network” does not include operating a train on the network in the course of providing a passenger train service; “passenger train service” means a service consisting of the carriage of passengers provided to the public, for a fare, by trains operated on a railway; “rail safety inspector” means an individual who is appointed under section 50 as a rail safety inspector; “railway” means a network or system of fixed horizontal rails, tracks, grooves or other guide‑ways on, under or above the ground along which a train moves or runs, and includes — ( a ) all railway assets built, installed or used for the operation of the railway; and ( b ) all railway infrastructure constructed or intended to be constructed for any railway and any extension of the railway; “railway area” means the land delineated as such in plans and maps prepared, amended or replaced under section 5(1) or (5); “railway asset”, for any cross‑border railway, means any of the following within Singapore that is used or intended to be used for or in connection with the cross‑border railway: ( a ) any train and rolling stock; ( b ) train tracks; ( c ) railway signalling equipment; ( d ) railway communications equipment; ( e ) power equipment; ( f ) any other item or property which is part of the network of the cross‑border railway and is prescribed as a railway asset for that cross‑border railway; “railway assets contract” has the meaning given by section 22; “railway assets operating licence” means a licence granted under section 31 authorising the licensee to manage railway assets of a cross‑border railway specified in the licence; “railway infrastructure”, in relation to a cross‑border railway, means any of the following buildings or structures within Singapore that is used or intended to be used for the cross‑border railway, but not including any railway asset in or on the building or structure: ( a ) a train station; ( b ) a railway tunnel; ( c ) a viaduct; ( d ) a bridge; ( e ) a railway yard; ( f ) a maintenance facility for trains and maintenance or engineering vehicles used for or in connection with the railway; ( g ) any other building or structure prescribed as railway infrastructure for that cross‑border railway; “railway network” means — ( a ) any railway line, or combination of railway lines; and ( b ) any installation associated with any track comprised in that line or those lines, together constituting a system of tracks and other installations which is used solely for and in connection with the support, guidance and operation of trains; “rolling stock” includes motors, coaches, wagons, locomotives, trucks, trolleys, maintenance or engineering vehicles, carriages of any kind and other kinds of engines used on a railway; “security directive” means a security directive given by the cross‑border railway security agency under section 59; “ticket” means any form of authorisation, issued for the carriage of any passenger on a cross‑border train service; “train” means a carriage, tram, car or other vehicle for the carriage of passengers on a railway; “train service operator” means a person providing services for and in connection with the carriage of passengers by train, including the carriage of luggage, parcels or mail on trains which at the time are available, and primarily intended for use by passengers; “train station” means a building designed, equipped or set apart with facilities for — ( a ) the commencement or termination of a passenger train service; ( b ) the purchase of tickets by intending train passengers; ( c ) the boarding and alighting of train passengers and other matters incidental to the carriage of passengers by train; and ( d ) the conduct of border control functions (if any) in connection with train passengers boarding or alighting.


document_id: cbra-2018
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Purpose of Act
content:
3. The purpose of this Act is to provide for the construction, maintenance, operation and regulation of a cross‑border railway so as to give effect to any bilateral railway agreement for the cross‑border railway.


document_id: cbra-2018
provision_ref: s4
chapter: PART 2 - PLANNING AND CONSTRUCTION OF
section: 4
title: Cross‑border railway to be constructed according to railway plans and maps
content:
4. The railway infrastructure and railway assets for a cross‑border railway must be constructed and maintained within the railway area shown in and according to the plans and maps prepared under section 5(1) or any amended or substitute plan or map prepared under section 5(5).


document_id: cbra-2018
provision_ref: s5
chapter: PART 2 - PLANNING AND CONSTRUCTION OF
section: 5
title: Preparation and publishing of railway plans and maps
content:
5. —(1) Before the construction of any railway infrastructure or railway asset for a cross‑border railway begins, the LTA must cause plans and maps to be prepared in such detail and with such markings and endorsements on the plans and maps as are sufficient to delineate the area within Singapore (called in this Act the railway area) — ( a ) within which land may be acquired; or ( b ) within which rights in, under or over land may be exercised by the LTA or a concessionaire or licensee under this Act, for the purpose of or incidental to constructing, maintaining, operating and improving the railway infrastructure or managing the railway assets of, or providing a network service or passenger train service on, that cross‑border railway. (2) Every plan and map prepared under subsection (1) must be approved by the competent authority. (3) An abstract of every plan and map prepared under subsection (1) that is approved by the competent authority under subsection (2) must — ( a ) be signed by an authorised officer of the LTA; ( b ) be deposited with the competent authority; and ( c ) be made available for inspection by the public free of charge at the office of the LTA, during the normal operating hours of the LTA. (4) The LTA must, within 21 days after the deposit under subsection (3)( b ) with the competent authority of an abstract of a plan and map, cause a notice of the deposit to be published in the Gazette containing — ( a ) a general description of the plan and map; and ( b ) particulars of the places and times at which an abstract of the plan and map may be inspected by the public in conformity with subsection (3)( c ). (5) Any plan or map prepared under subsection (1) may, from time to time — ( a ) be amended; or ( b ) be replaced by a substitute plan or map. (6) Subsections (2), (3) and (4) apply to every amended plan or map or every substitute plan or map (as the case may be) as if it were the original plan or map prepared under subsection (1), and the reference in subsection (4)( a ) to a general description of a plan or map must also include a description of the nature and extent of the amendment or substitution. (7) Sections 3 and 4 of the Land Acquisition Act 1966 are applicable to the lands likely to be delineated in any plan or map prepared for the purposes of subsection (1), or in any amended plan or map or substitute plan or map prepared under subsection (5), as being within the railway area. (8) The reference to a competent authority — ( a ) in subsection (2) is a reference to the competent authority appointed under section 5 of the Planning Act 1998 in respect of the review of the Master Plan under that Act; and ( b ) in subsections (3)( b ) and (4) is a reference to the competent authority appointed under section 5 of the Planning Act 1998 in respect of the development of land.


document_id: cbra-2018
provision_ref: s6
chapter: PART 2 - PLANNING AND CONSTRUCTION OF
section: 6
title: Railway plans and maps are final as to railway area
content:
6. —(1) No person has a right of objection to the delineation of land as railway area in any plan or map prepared under section 5(1) or to any amended plan or map or substitute plan or map prepared under section 5(5). (2) The fact that land is so delineated in any plan or map prepared for the purposes of section 5(1), or in any amended plan or map or substitute plan or map prepared under section 5(5), as being within the railway area is for all purposes conclusive evidence that — ( a ) the land may be required to be acquired; or ( b ) rights in, under or over the land may need to be exercised by the LTA or a concessionaire or licensee under this Act, for the purpose of or incidental to constructing, maintaining, operating and improving the railway infrastructure or managing the railway assets of, or providing network services or train services on, a cross‑border railway subject to this Act. (3) Such of the lands shown in any plan or map prepared under section 5(1), or any amended plan or map or substitute plan or map prepared under section 5(5), as within the railway area are to be treated as land required for a public purpose within the meaning of the Land Acquisition Act 1966. Division 2 &#x2014; Powers for construction of railway


document_id: cbra-2018
provision_ref: s7
chapter: PART 2 - PLANNING AND CONSTRUCTION OF
section: 7
title: Power to enter State land to construct, etc., railway
content:
7. The LTA or any person it authorises for the purpose of this section may do all or any of the following for the purpose of constructing, maintaining, operating or improving the railway infrastructure or railway assets of any cross‑border railway: ( a ) at any reasonable time, enter upon any State land within or adjoining the railway area and take possession of that land; ( b ) subject to the approval of the Commissioner of Lands, do all things as are reasonably necessary for constructing, maintaining, operating or improving the railway infrastructure or railway assets of the cross‑border railway on, under or over the State land, including — (i) removing any building, or any object or structure or vegetation from the land; (ii) digging or boring of a tunnel under the land and erecting any building, object or structure over or under the land; (iii) underpinning or strengthening a building; and (iv) constructing railway passenger facilities on, under or over that land.


document_id: cbra-2018
provision_ref: s8
chapter: PART 2 - PLANNING AND CONSTRUCTION OF
section: 8
title: Power to enter private land to construct, etc., railway
content:
8. —(1) This section applies only to land which is not State land, and land which is not owned by the LTA. (2) The LTA or any person it authorises for the purposes of this section may do all or any of the following for the purpose of constructing, maintaining, operating or improving the railway infrastructure of any cross‑border railway: ( a ) subject to subsection (3), enter upon the land within or adjoining the railway area and take possession of that land; ( b ) do all things as are reasonably necessary for constructing, maintaining, operating or improving the railway infrastructure of the cross‑border railway on, under or over the land, including — (i) removing any building, or any object or structure or vegetation from the land; (ii) digging or boring of a tunnel under the land and erecting any building, object or structure over or under the land; (iii) underpinning or strengthening a building; and (iv) constructing railway passenger facilities on, under or over that land. (3) The LTA or person authorised must not exercise any power conferred by subsection (2) in respect of any land unless every owner and occupier of the land is given at least 2 months’ notice of the intention to exercise a power conferred by that subsection. (4) A notice mentioned in subsection (3) must — ( a ) give a brief description of the works which the LTA proposes to carry out on the land; ( b ) state the estimated period during which the LTA intends to occupy or take possession of the land; ( c ) describe the area or extent of the land needed for the carrying out of the works mentioned in paragraph ( a ); and ( d ) state that any person entitled to compensation under the Land Transport Authority of Singapore Act 1995 may serve a written claim on the LTA. (5) The ownership of anything is not altered by reason only that it is placed in, under, over or affixed to any land in exercise of a right conferred upon the LTA by this section.


document_id: cbra-2018
provision_ref: s9
chapter: PART 2 - PLANNING AND CONSTRUCTION OF
section: 9
title: Power to enter land for pre-construction survey, etc.
content:
9. —(1) Subject to subsection (3), the LTA or a person it authorises for the purposes of this section may, at reasonable times, enter any land or building described in subsection (2) in order to carry out all or any of the following: ( a ) survey and take levels of the land; ( b ) set out the line of any works reasonably necessary for constructing, maintaining, operating or improving the railway infrastructure of the cross‑border railway; ( c ) dig or bore into the soil for the purpose of determining whether the soil is suitable for constructing, maintaining, operating or improving the railway infrastructure of the cross‑border railway on, under or over the land; ( d ) inspect any object or structure for the purpose in section 12(1). (2) The land or building in respect of which a power under this section may be exercised is any land or building within the railway area in respect of which a notice has been published in the Gazette in accordance with section 5 of the Land Acquisition Act 1966 but the land or building has not vested in the State. (3) The LTA or person authorised must not exercise any power conferred by subsection (1) in respect of any land or building unless every owner and occupier of the land or building is given at least 14 days’ notice of the intention to exercise a power conferred by that subsection.


document_id: cbra-2018
provision_ref: s10
chapter: PART 2 - PLANNING AND CONSTRUCTION OF
section: 10
title: Power to enter land for inspection and survey, etc.
content:
10. —(1) Subject to subsection (3), the LTA or a person it authorises for the purposes of this section may, at reasonable times, enter any land or building described in subsection (2) in order to carry out all or any of the following: ( a ) inspect or survey the land or building to ascertain the condition of the land or building before or during the construction, maintenance or operation of, or improvement to, the railway infrastructure of a cross‑border railway; ( b ) carry out all reasonably necessary work of a preventative or remedial nature; ( c ) inspect the railway infrastructure of the cross‑border railway which has been constructed on, over or under the land or building; ( d ) carry out all reasonably necessary work for the purpose of maintaining or operating the railway infrastructure of the cross‑border railway, causing as little damage as possible and paying compensation to any person affected for any damage that may be caused. (2) The land or building in respect of which a power under this section may be exercised are the following: ( a ) any land or building situated wholly or partly within the railway area; ( b ) any land or building situated wholly or partly within 150 metres of the railway area. (3) The LTA or person authorised must not exercise any power conferred by subsection (1) in respect of any land or building unless every owner and occupier of the land or building is given at least 7 days’ notice of the intention to exercise a power conferred by that subsection. (4) However, subsection (3) does not apply if — ( a ) the LTA is of the opinion that an emergency exists which necessitates immediate entry; or ( b ) the entry is required only for the purpose of an inspection or a survey. (5) A notice of entry mentioned in subsection (3) — ( a ) must describe the purpose of the entry and the nature of any work to be carried out; and ( b ) is deemed to be given to and received by an owner or occupier if a written notice is affixed to a conspicuous part of the land or building to be entered. (6) In subsection (1)( b ), “work of a preventative or remedial nature” means the underpinning or strengthening of any land or building and other work on the land or building (as the case may be) intended to render it reasonably safe or to repair or detect damage caused in the course of the construction, maintenance, operation or improvement of the railway infrastructure of a cross‑border railway. (7) The decision of the LTA that any work is of a preventative or remedial nature or that such work or any inspection or survey is reasonably necessary is final. (8) The LTA, or any person acting under its authority, may — ( a ) as the occasion requires, enter and re‑inspect and re‑survey any land or building in respect of which any of the powers contained in subsection (1) have been exercised; and ( b ) in relation to that land or building, exercise such powers as often as the occasion may require.


document_id: cbra-2018
provision_ref: s11
chapter: PART 2 - PLANNING AND CONSTRUCTION OF
section: 11
title: Utility services
content:
11. —(1) The LTA, or a person it authorises for the purpose of this section, may serve a notice on the owner or supplier of any gas, electricity, water, telecommunication, sewerage or drainage services to — ( a ) alter the course or position of any structure or apparatus (such as wire, line, cable, pipe, tube, casing, duct or post) which belongs to or is maintained by that owner or supplier; and ( b ) repair any street surface disturbed by such alteration, if, in the opinion of the LTA, the alteration is required for the purposes of the construction, maintenance, operation or improvement of the railway infrastructure of any cross‑border railway. (2) A notice under subsection (1) must — ( a ) specify the structure or apparatus to which the notice applies and set out the requirements of the LTA as to the alteration of its course or position and the repair of any street surface; ( b ) stipulate the period within which such work is to be carried out; ( c ) be served upon the owner or supplier at least one month before the start of that period in paragraph ( b ); and ( d ) state that any person entitled to compensation under the Land Transport Authority of Singapore Act 1995 may serve a written claim on the LTA.


document_id: cbra-2018
provision_ref: s12
chapter: PART 2 - PLANNING AND CONSTRUCTION OF
section: 12
title: Removal of projections or obstructions
content:
12. —(1) The LTA, or any person it authorises for the purpose of this section may, by giving notice to the owner of any land or building in the railway area, require the owner to remove any object or structure which is erected on or attached to, or projects from, the land or building if in the opinion of the LTA the removal of the object or structure is reasonably necessary for constructing, maintaining, operating or improving the railway infrastructure of a cross‑border railway. (2) A notice under subsection (1) is taken to be given to and received by an owner if a written notice is affixed to a conspicuous part of the land or building that the object or structure is erected on, or attached to or projects from. (3) A notice under subsection (1) must — ( a ) describe the object or structure to be removed; ( b ) stipulate the period within which the work of removal is to be carried out; ( c ) be given to the owner of the land or building not later than 28 days before the start of that period in paragraph ( b ); and ( d ) state that any person entitled to compensation under the Land Transport Authority of Singapore Act 1995 may serve a written claim on the LTA. (4) If the owner of the land or building does not comply with a notice given to the owner under subsection (1), any person authorised in that behalf by the LTA (called in this section the authorised person) may enter the land or building, together with such other persons as the authorised person thinks necessary, and remove the object or structure described in the notice or cause it to be removed by those other persons.


document_id: cbra-2018
provision_ref: s13
chapter: PART 2 - PLANNING AND CONSTRUCTION OF
section: 13
title: How power to enter land is to be exercised
content:
13. —(1) Any individual authorised under this Division to enter upon any land or building must, if so required by the owner or occupier of the land or building concerned, produce evidence of his or her authority before so entering the land. (2) Any person who refuses to give access to, or obstructs, hinders or delays, an individual authorised under this Division in the exercise of his or her power conferred under this Division shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.


document_id: cbra-2018
provision_ref: s14
chapter: PART 2 - PLANNING AND CONSTRUCTION OF
section: 14
title: Construction of railway bridges over Johore Straits
content:
14. —(1) The LTA may, with the approval of the Minister, construct or authorise to be constructed, over or in and across the Straits of Johore that is within Singapore and any other area outside Singapore but agreed between Singapore and Malaysia, the following: ( a ) a bridge suitable for the passage of railway traffic on a cross‑border railway; ( b ) any railway infrastructure on, under or over that bridge, and such roadways and footways as the Minister deems expedient. (2) A railway assets operator for a cross‑border railway may, with the approval of the Minister, construct or authorise to be constructed on a bridge mentioned in subsection (1), railway assets necessary for the purpose of the cross‑border railway. (3) Every bridge mentioned in subsection (1) must be constructed and maintained in accordance with the plans and maps prepared under section 5(1) or any amended plan or map or substitute plan or map prepared under section 5(5). Division 3 &#x2014; Compensation and funding


document_id: cbra-2018
provision_ref: s15
chapter: PART 2 - PLANNING AND CONSTRUCTION OF
section: 15
title: Owners who suffer substantial impairment in rights in land may require their land to be acquired
content:
15. —(1) The owner of any land possession of which is or has been taken in accordance with section 8 may, by written notice given to the LTA, request the Government to acquire under the Land Acquisition Act 1966 — ( a ) the land; and ( b ) any other land of the owner related to the land in paragraph ( a ), if the owner considers that he or she suffers substantial impairment of his or her rights in the lands in paragraphs ( a ) and ( b ) because of the taking of that possession. (2) If there is more than one owner of the land concerned, the notice under this section must be given by all the owners. (3) Any notice under this section is irrevocable once given to the LTA. (4) For the purposes of this section and section 16, land (called A land) is related to other land possession of which is or has been taken in accordance with section 8 (called in this section and section 16 temporarily occupied land) if the A land is the remainder of a parcel of land part of which is the temporarily occupied land. (5) In this section and section 16 — “owner”, in relation to any land, means — ( a ) a person who has the fee simple estate in the land; ( b ) a person who is the grantee or lessee under a State title for the land; ( c ) a person who has become entitled to exercise a power of sale of the land; or ( d ) a person in occupation of the land under a tenancy the term of which exceeds 7 years; “parcel of land” means the whole area of land that — ( a ) is the subject of a separate certificate of title registered under the Land Titles Act 1993; or ( b ) is a lot in a lawful division of land and capable of being separately held by any owner, and where a single building is erected on 2 or more such adjoining lands or lots mentioned in paragraph ( a ) or ( b ), includes the area comprised in those lands or lots, as the case may be.


document_id: cbra-2018
provision_ref: s16
chapter: PART 2 - PLANNING AND CONSTRUCTION OF
section: 16
title: Owner-initiated acquisition
content:
16. —(1) Upon the LTA receiving a notice under section 15(1) in relation to any temporarily occupied land, and any other land related to the temporarily occupied land, the President is to proceed under the Land Acquisition Act 1966 to acquire that land as if those lands were the subject of a notice under section 49 of that Act. (2) The provisions of sections 49 and 49A of the Land Acquisition Act 1966 apply (so far as relevant) to any land that is the subject of a notice under section 15(1) with the following exceptions, modifications and adaptations: ( a ) any reference in those sections to any land that is the subject of a notice under section 49(1) of the Land Acquisition Act 1966 must be read as a reference to the land that is the subject of a notice under section 15(1); ( b ) any reference in those sections to land temporary possession of which is or has been taken under section 42 of the Land Acquisition Act 1966 must be read as a reference to any land possession of which is or has been taken in accordance with section 8; ( c ) any reference in those sections to an owner of land must be read as a reference to an owner of land mentioned in section 15; ( d ) any reference in section 49A of the Land Acquisition Act 1966 to a claim period for any land temporary possession of which is or has been taken in accordance with a direction under section 42 of that Act must be read as a reference to one year starting from either of the following dates: (i) the date of the notice under section 8 relating to that land; (ii) the date of the expiry of the term of possession in a notice under section 8 for the temporary occupation of the land, or the date the land is returned to the owner if earlier; ( e ) such other exceptions, modifications and adaptations as the differences between them necessarily require. (3) All compensation for the acquisition under the Land Acquisition Act 1966 of any land that is the subject of a notice under section 15 is to be paid out of the funds of the LTA.


document_id: cbra-2018
provision_ref: s17
chapter: PART 2 - PLANNING AND CONSTRUCTION OF
section: 17
title: Funding for construction of railway infrastructure
content:
17. For the purpose of enabling the concessionaire under a concession agreement granted under Part 3, or the LTA if no such concession agreement is granted, to carry out its function and duty of constructing any railway infrastructure of a cross‑border railway, the Minister for Finance must, from time to time, provide funds by way of grants, subject to such conditions as the Minister for Finance may impose, to the concessionaire or LTA (as the case may be) out of moneys provided by Parliament.


document_id: cbra-2018
provision_ref: s18
chapter: PART 3 - CONCESSIONAIRE FOR RAILWAY INFRASTRUCTURE
section: 18
title: Concession agreement for railway infrastructure
content:
18. —(1) The Minister may, on behalf of the Government, enter into one concession agreement relating to the construction, maintenance, operation and improvement of the railway infrastructure of a cross‑border railway. (2) A concession agreement in subsection (1) may authorise the concessionaire to exercise, in place of the LTA, all or any of the LTA’s powers and functions in Division 2 of Part 2. (3) The Minister may cause the grant to the concessionaire of a concession agreement a lease of any land it appears to the Minister to be expedient to do so for the purpose of or in connection with the exercise by the concessionaire of its functions under that agreement and this Act.


document_id: cbra-2018
provision_ref: s19
chapter: PART 3 - CONCESSIONAIRE FOR RAILWAY INFRASTRUCTURE
section: 19
title: Transfer or termination of concession agreement
content:
19. —(1) A concession agreement, and any right, benefit or privilege of a concessionaire under a concession agreement, may be transferred or assigned to another person only if — ( a ) the concession agreement contains a condition authorising the transfer or assignment; and ( b ) the Minister consents in writing to the transfer or assignment. (2) Any consent under subsection (1) may be given subject to compliance with such conditions as the Minister thinks fit to impose, which may include modifying, or requiring or otherwise providing for the making of modifications to, the terms of the concession agreement. (3) A transfer or an assignment, or a purported transfer or assignment, of a concession agreement, or of any right, benefit or privilege of a concessionaire under the concession agreement, is void and of no effect — ( a ) if the concession agreement, or right, benefit or privilege under the concession agreement, is not capable of transfer or assignment; ( b ) if the transfer or assignment, or purported transfer or assignment, is in breach of a condition of the concession agreement; or ( c ) if there has been, before the transfer or assignment or purported transfer or assignment, a contravention of a condition subject to compliance with which the consent required by subsection (1) is given. (4) If financial assistance has been provided under section 17 to the concessionaire for the purpose of constructing, maintaining, operating and improving the railway infrastructure of a cross‑border railway, then upon the termination of the concession agreement by the effluxion of time or otherwise, there is transferred to a prescribed transferee by virtue of this section, without the need for any further conveyance, transfer, assignment or assurance, all such property, rights and liabilities of the concessionaire as in accordance with the concession agreement that fall to be so transferred in the circumstances. (5) In subsection (4), “prescribed transferee” means the LTA or a nominee of the LTA.


document_id: cbra-2018
provision_ref: s20
chapter: PART 3 - CONCESSIONAIRE FOR RAILWAY INFRASTRUCTURE
section: 20
title: Restrictions on voluntary winding up, etc.
content:
20. —(1) Despite the provisions of any other written law, where a concessionaire is a company and financial assistance has been provided under section 17 to the concessionaire for the purpose of constructing, maintaining, operating and improving the railway infrastructure of a cross‑border railway — ( a ) the company must not be wound up voluntarily without the consent of the Minister; ( b ) no application for a judicial management order under the Insolvency, Restructuring and Dissolution Act 2018 may be made by any person in relation to the company, unless that person has served on the Minister 14 days’ notice in writing of the person’s intention to make the application; ( c ) the company must not appoint an interim judicial manager under section 94(3) of the Insolvency, Restructuring and Dissolution Act 2018, unless the company has served on the Minister 14 days’ notice in writing of the company’s intention to make the appointment; ( d ) no application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 may be made by any person in relation to the company, unless that person has served on the Minister 14 days’ notice in writing of the person’s intention to make that application; and ( e ) no step may be taken by any person to enforce any security over the company’s property unless that person has served on the Minister 14 days’ notice in writing of the person’s intention to take that step. [40/2018] (2) The Minister must be a party to — ( a ) any proceeding under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of a company which is a concessionaire; ( b ) any proceeding relating to the making of a judicial management order under the Insolvency, Restructuring and Dissolution Act 2018 in relation to a company which is a concessionaire; ( c ) any meeting convened under section 94(7) of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a company which is a concessionaire; or ( d ) any proceeding 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 company which is a concessionaire. [40/2018] (3) A court must, when deciding any proceeding mentioned in subsection (2), take into consideration any representation made by the Minister in that proceeding.


document_id: cbra-2018
provision_ref: s21
chapter: PART 4 - RAILWAY ASSETS OPERATOR
section: 21
title: Railway assets operator
content:
21. —(1) The concessionaire under a concession agreement granted under Part 3 for a cross‑border railway, or the LTA if no concession agreement is granted, may, in accordance with the bilateral railway agreement for that cross‑border railway, authorise by a railway assets contract one person (called in this Act the railway assets operator) — ( a ) to have the management of the railway assets of that cross‑border railway; ( b ) to provide network services involving the railway assets of that cross‑border railway; and ( c ) to perform such other functions specified in the bilateral railway agreement relating to that cross‑border railway in relation to those railway assets. (2) The concessionaire or LTA (as the case may be) may grant to the railway assets operator a lease of any railway infrastructure or railway asset as it appears to the concessionaire or LTA (as the case may be) to be expedient to do so for the purpose of or in connection with the exercise by the railway assets operator of its functions under the railway assets contract and this Act.


document_id: cbra-2018
provision_ref: s22
chapter: PART 4 - RAILWAY ASSETS OPERATOR
section: 22
title: Contents of railway assets contract
content:
22. —(1) A railway assets contract for a cross‑border railway must relate to all railway assets in Singapore of that cross‑border railway. (2) A railway assets contract relating to the railway assets of a cross‑border railway — ( a ) must specify the term of the contract; ( b ) must be subject to a condition precedent that requires the railway assets operator under the contract to obtain a railway assets operating licence before providing open network services involving those railway assets; and ( c ) must not provide for an option to renew the contract exercisable by the railway assets operator. (3) A railway assets contract may make provision in relation to the management of the railway assets and the provision of network services under the contract, and the administration of the contract, including — ( a ) the fees (if any) payable under the contract; ( b ) monetary or other penalties — (i) for a breach of the contract; (ii) for a failure (being not a breach of contract) to meet a requirement specified in the contract; or (iii) payable on the termination of the contract; and ( c ) the records (including accounts) to be made and kept, and how they are to be made and kept. (4) Subsection (3) does not limit the matters about which a railway assets contract may make provision. (5) A railway assets contract that is inconsistent with subsection (2) is void to the extent of that inconsistency.


document_id: cbra-2018
provision_ref: s23
chapter: PART 4 - RAILWAY ASSETS OPERATOR
section: 23
title: Railway assets contract non-transferable
content:
23. —(1) A railway assets contract, and any right, benefit or privilege of a railway assets operator under a railway assets contract, are transferable only with the prior written consent of the Minister. (2) A transfer or an assignment, or a purported transfer or assignment, of a railway assets contract, or of any right, benefit or privilege of a railway assets operator under the railway assets contract, in contravention of subsection (1), is void and of no effect.


document_id: cbra-2018
provision_ref: s24
chapter: PART 4 - RAILWAY ASSETS OPERATOR
section: 24
title: Restrictions on voluntary winding up, etc.
content:
24. —(1) Despite the provisions of any other written law, where a railway assets operator is a company — ( a ) the company must not be wound up voluntarily without the consent of the Minister; ( b ) no application for a judicial management order under the Insolvency, Restructuring and Dissolution Act 2018 may be made by any person in relation to the company, unless that person has served on the Minister 14 days’ notice in writing of the person’s intention to make the application; ( c ) the company must not appoint an interim judicial manager under section 94(3) of the Insolvency, Restructuring and Dissolution Act 2018, unless the company has served on the Minister 14 days’ notice in writing of the company’s intention to make the appointment; ( d ) no application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 may be made by any person in relation to the company, unless that person has served on the Minister 14 days’ notice in writing of the person’s intention to make that application; and ( e ) no step may be taken by any person to enforce any security over the company’s property, unless that person has served on the Minister 14 days’ notice in writing of the person’s intention to take that step. [40/2018] (2) The Minister must be a party to — ( a ) any proceeding under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of a company which is a railway assets operator; ( b ) any proceeding relating to the making of a judicial management order under the Insolvency, Restructuring and Dissolution Act 2018 in relation to a company which is a railway assets operator; ( c ) any meeting convened under section 94(7) of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a company which is a railway assets operator; or ( d ) any proceeding 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 company which is a railway assets operator. [40/2018] (3) A court must, when deciding any proceeding mentioned in subsection (2), take into consideration any representation made by the Minister in that proceeding. Unauthorised open network services on cross-border railway 25. —(1) A person must not provide in Singapore any open network services in connection with a cross‑border railway unless the person — ( a ) is authorised to do so by a railway assets operating licence; or ( b ) is authorised to do so by contract with a person mentioned in paragraph ( a ) (called in this Act a subcontractor). (2) A person who contravenes subsection (1) 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 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.


document_id: cbra-2018
provision_ref: s26
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 26
title: Train service operator
content:
26. The concessionaire under a concession agreement granted under Part 3 for a cross‑border railway, or the LTA if no concession agreement is granted, may, in accordance with the bilateral railway agreement for the cross‑border railway, authorise by a cross‑border train service contract a person (called in this Act the train service operator) to provide a cross‑border train service on that cross‑border railway.


document_id: cbra-2018
provision_ref: s27
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 27
title: Contents of cross-border train service contract
content:
27. —(1) A cross-border train service contract — ( a ) must specify the term of the contract; ( b ) must be subject to a condition precedent that requires the train service operator under the contract to obtain a cross‑border train service licence before providing a cross‑border train service on that cross‑border railway; and ( c ) must not provide for an option to renew the contract exercisable by the train service operator. (2) A cross‑border train service contract may make provision in relation to the provision of a cross‑border train service under the contract, and the administration of the contract, including — ( a ) the fees (if any) payable under the contract; ( b ) monetary or other penalties — (i) for a breach of the contract; (ii) for a failure (being not a breach of contract) to meet a requirement specified in the contract; or (iii) payable on the termination of the contract; and ( c ) the records (including accounts) to be made and kept, and how they are to be made and kept. (3) Subsection (2) does not limit the matters about which a cross‑border train service contract may make provision. (4) A cross-border train service contract that is inconsistent with subsection (1) is void to the extent of that inconsistency.


document_id: cbra-2018
provision_ref: s28
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 28
title: Cross-border train service contract non-transferable
content:
28. —(1) A cross-border train service contract, and any right, benefit or privilege of a train service operator under a cross‑border train service contract, are transferable only with the prior written consent of the Minister. (2) A transfer or an assignment, or a purported transfer or assignment, of a cross‑border train service contract, or of any right, benefit or privilege of a train service operator under a cross‑border train service contract, in contravention of subsection (1), is void and of no effect. Unauthorised provision of cross-border train service 29. —(1) A person must not provide a cross‑border train service unless the person — ( a ) is authorised to do so by a cross‑border train service licence; or ( b ) is authorised to do so by contract with a person mentioned in paragraph ( a ) (called in this Act a subcontractor). (2) A person who contravenes subsection (1) 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 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.


document_id: cbra-2018
provision_ref: s30
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 30
title: Application for or to renew licences
content:
30. —(1) An application for or to renew a licence must be made to the LTA in accordance with this section. (2) An application for or to renew a licence must — ( a ) be in such form and manner as the LTA may determine; ( b ) be accompanied by an application fee, if prescribed; and ( c ) be accompanied by such prescribed information and any other additional information that the LTA requires to decide on the application. (3) The LTA may refuse to consider an application for or to renew a licence that is incomplete or not made in accordance with this section.


document_id: cbra-2018
provision_ref: s31
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 31
title: Grant or renewal of licences
content:
31. —(1) After considering any application for or to renew a licence, the LTA may — ( a ) on payment of — (i) a licence fee (if prescribed), grant the applicant the licence applied for; or (ii) a renewal fee or late renewal fee (if prescribed), renew the licence; or ( b ) refuse to grant or renew the licence, as the case may be. (2) In deciding whether to grant or renew a licence under subsection (1), and the conditions to impose or modify, the LTA must have regard to, and give such weight as the LTA considers appropriate to, the following matters: ( a ) whether the applicant is a railway assets operator in the case of an application for a railway assets operating licence, or has a cross‑border train service contract in the case of an application for a cross‑border train service licence; ( b ) the applicant’s capacity to do the following in a safe and secure manner: (i) to manage the railway assets of, and provide open network services of the type to be specified in the licence on, the cross‑border railway in the application; or (ii) to provide a cross‑border train service on the cross‑border railway in the application. (3) To avoid doubt, the LTA is not confined to considering the matters specified in subsection (2) and may take into account such other matters and evidence as may be relevant. (4) Without prejudice to subsection (1), the LTA may grant a renewal of a licence with or without modifying the conditions of the licence, but section 35 does not apply to or in relation to granting a renewal of a licence with modifications to the conditions of the original licence.


document_id: cbra-2018
provision_ref: s32
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 32
title: Validity of licences
content:
32. —(1) Every licence is to be in such form as the LTA may determine. (2) Every licence granted or renewed under this Part is to continue in force for such period as may be specified in the licence unless it is earlier cancelled or suspended under section 39.


document_id: cbra-2018
provision_ref: s33
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 33
title: Restriction on transfer of licence
content:
33. —(1) A licence, and any right, benefit or privilege of the licensee under the licence, are not capable of being transferred or assigned. (2) A transfer or an assignment, or a purported transfer or assignment, of a licence, or of any right, benefit or privilege of the licensee under the licence, is void and of no effect.


document_id: cbra-2018
provision_ref: s34
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 34
title: Conditions of licences
content:
34. —(1) In granting a licence to any person, the LTA may impose such conditions as the LTA considers requisite or expedient having regard to the purposes of this Act, and the relevant bilateral railway agreement relating to the licence. (2) In particular, in granting a railway assets operating licence to a railway assets operator for a cross‑border railway specified in the licence, the LTA may impose conditions — ( a ) about the safety and security of persons using or engaged in work in managing the railway assets of and providing open network services on the cross‑border railway; ( b ) relating to the conduct of the employees, agents and subcontractors of the licensee; ( c ) requiring the licensee itself to deal with any plague or epidemic, fire, flood, earthquake or disaster (natural or otherwise) or any other public emergency; ( d ) restricting the carrying on by the licensee of any trade or business not related to the activity which the licensee is authorised by its licence to carry on; ( e ) requiring the licensee to undergo (at its own cost) such audit as the LTA may require to ascertain the licensee’s compliance with — (i) the requirements of or under this Act applicable to the licensee; (ii) the conditions of the licence granted to that licensee; or (iii) a direction given under section 37; ( f ) requiring the licensee — (i) to comply with any requirement from time to time imposed by the LTA (or a person nominated by the LTA for this purpose) with respect to such matters concerning the management of the railway assets and provision of open network services as are specified in the licence or are of a description so specified; (ii) except insofar as the LTA (or a person nominated by the LTA for this purpose) consents to the licensee doing or not doing them, to do, or not to do, such things as are specified in the licence or are of a description so specified; or (iii) to refer for determination by a person nominated by the LTA for this purpose such questions arising under the licence as are specified in the licence or are of a description so specified; and ( g ) requiring the licensee to acquire from such person as may be specified in the licence, and to use, such property or rights as may be so specified, or to undertake such liabilities as may be so specified. (3) In particular, in granting a cross‑border train service licence to a train service operator for a cross‑border railway specified in the licence, the LTA may impose conditions — ( a ) about the safety and security of persons using or engaged in work in providing passenger train services on the cross‑border railway; ( b ) relating to the safety and security of passengers of trains in the provision of the cross‑border train service, and other persons using or engaged in work on those trains; ( c ) relating to the conduct of the employees, agents and subcontractors of the licensee; ( d ) requiring the licensee itself to deal with any plague or epidemic, fire, flood, earthquake or disaster (natural or otherwise) or any other public emergency; ( e ) requiring the licensee to undergo (at its own cost) such audit as the LTA may require to ascertain the licensee’s compliance with — (i) the requirements of or under this Act applicable to the licensee; (ii) the conditions of the licence granted to that licensee; or (iii) a direction given under section 37; ( f ) requiring the licensee — (i) to comply with any requirement from time to time imposed by the LTA (or a person nominated by the LTA for this purpose) with respect to such matters concerning the provision of train services as are specified in the licence or are of a description so specified; (ii) except insofar as the LTA (or a person nominated by the LTA for this purpose) consents to the licensee doing or not doing them, to do, or not to do, such things as are specified in the licence or are of a description so specified; or (iii) to refer for determination by a person nominated by the LTA for this purpose such questions arising under the licence as are specified in the licence or are of a description so specified; and ( g ) requiring the licensee to acquire from such person as may be specified in the licence, and to use, such property or rights as may be so specified, or to undertake such liabilities as may be so specified. (4) An audit mentioned in subsection (2)( e ) or (3)( e ) must be carried out by authorised officers or other officers of the LTA or such qualified individuals approved by the LTA for that purpose.


document_id: cbra-2018
provision_ref: s35
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 35
title: Modification of conditions of licence
content:
35. —(1) Subject to this section, the LTA may modify the conditions of a licence without compensating the licensee to whom the licence is granted. (2) Before making any modification to the conditions of a licence under subsection (1), the LTA must give notice to the licensee concerned — ( a ) stating that the LTA proposes to make the modification in the manner as specified in the notice; and ( b ) specifying the time (not being less than 28 days after the date of service of notice on the licensee) within which the licensee may make written representations to the LTA with respect to the proposed modification. (3) Upon receiving any written representation mentioned in subsection (2)( b ), the LTA must consider such representation and may — ( a ) reject the representation; ( b ) amend the proposed modification to the conditions of a licence in such manner as it thinks fit having regard to the representation; or ( c ) withdraw the proposed modification. (4) Where the LTA — ( a ) rejects any written representation under subsection (3)( a ); or ( b ) amends any proposed modification under subsection (3)( b ), the LTA must issue a direction in writing to the licensee requiring the licensee, within the time specified by the LTA, to give effect to the modification as specified in the notice or as amended by the LTA, as the case may be. (5) The LTA must not enforce its direction — ( a ) during the period mentioned in section 40(1); and ( b ) whilst the appeal of the licensee is under consideration by the Minister. (6) If no written representation is received by the LTA within the time specified in subsection (2)( b ) or if any written representation made under that subsection is subsequently withdrawn, the LTA may immediately carry out the modification to the conditions of the licence as specified in the notice given to the licensee under subsection (2).


document_id: cbra-2018
provision_ref: s36
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 36
title: Codes of practice
content:
36. —(1) The LTA may, from time to time — ( a ) issue one or more codes of practice applicable to licensees; ( b ) approve as a code of practice applicable to licensees any document prepared by a person other than the LTA if it considers the document suitable for this purpose; or ( c ) amend or revoke any code of practice issued under paragraph ( a ) or approved under paragraph ( b ), with respect to all or any of the following: (i) the safe provision of open network services and cross‑border train services on a cross‑border railway; (ii) the coordination and cooperation, on such terms as the LTA may specify, with any other person in the use or sharing of any railway asset or part of it, owned or used by the licensee in providing any open network service or cross‑border train service on a cross‑border railway; (iii) the technical compatibility and safety of operation of any railway asset used in the provision of open network services and cross‑border train services on a cross‑border railway; (iv) the duties and obligations of any licensee in relation to its business operation insofar as it relates to the provision of open network services and cross‑border train services on a cross‑border railway. (2) If any provision in any code of practice is inconsistent with any provision of this Act, such provision, to the extent of the inconsistency — ( a ) is to have effect subject to the provisions of this Act; or ( b ) having regard to this Act, is not to have effect. (3) Where a code of practice is issued, approved, amended or revoked by the LTA under subsection (1), the LTA must — ( a ) publish a notice of the issue, approval, amendment or revocation, as the case may be, of the code of practice in such manner as will secure adequate publicity for such issue, approval, amendment or revocation; ( b ) specify in the notice mentioned in paragraph ( a ) the date of the issue, approval, amendment or revocation, as the case may be; and ( c ) ensure that, so long as the code of practice remains in force, copies of that code, and of all amendments to that code, are available for inspection by licensees free of charge and for their purchase at a reasonable price. (4) No code of practice, no amendment to a code of practice, and no revocation of any code of practice, has any force or effect until the notice relating to it is published in accordance with subsection (3). (5) Any code of practice does not have legislative effect. (6) Every licensee must comply with the codes of practice issued or approved under this section that apply to the licensee. (7) The LTA must give a copy of each code of practice and any amendment to or revocation of a code of practice to the Minister; but failure to comply with this subsection in respect of any code of practice, or any amendment or revocation of a code of practice, does not invalidate the code of practice or the amendment or revocation, as the case may be.


document_id: cbra-2018
provision_ref: s37
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 37
title: Directions affecting licensees
content:
37. —(1) The LTA may give directions to be observed by a licensee for or in respect of the following matters: ( a ) the maintenance and operation of the cross-border railway specified in the licence of the licensee; ( b ) the safety of passengers travelling on or persons who use, or who are engaged in any work on, the cross‑border railway specified in the licence of the licensee; ( c ) the testing and commissioning of the cross‑border railway specified in the licence of the licensee; ( d ) the measures necessary for licensees to deal with any plague or epidemic, fire, flood, earthquake or disaster (natural or otherwise) or other public emergency; ( e ) any survey for any improvement or expansion of the cross‑border railway specified in the licence of the licensee; ( f ) any other matters affecting the interests of the public in connection with the services provided by the licensee. (2) Subject to subsection (5), any direction given under subsection (1) — ( a ) may require the 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 are of a description as specified in the direction; ( b ) takes effect at such time, being the earliest practicable time, as is determined by or under that direction; and ( c ) may be revoked at any time by the LTA. (3) Before giving any direction to any licensee under subsection (1), the LTA — ( a ) must give notice to the licensee — (i) informing the licensee of the proposed direction and setting out its effect; and (ii) specifying the time within which representations may be made by the licensee in connection with the proposed direction, unless the LTA, in respect of any particular direction, considers that it is not practicable or desirable that such notice be given; and ( b ) must consider any written representation mentioned in paragraph ( a )(ii) which is duly made by the licensee. (4) Every licensee must comply with every direction given to it by the LTA under this section. (5) This section does not authorise the giving of a direction to any licensee to stop — ( a ) providing a cross-border train service on any cross‑border railway; or ( b ) providing network services to the extent that any cross‑border train service must stop.


document_id: cbra-2018
provision_ref: s38
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 38
title: Provisional orders for securing compliance
content:
38. —(1) Subject to subsections (5) and (6), where it appears to the LTA that — ( a ) a licensee is contravening, or is likely to contravene — (i) any of the conditions of its licence; or (ii) any code of practice applicable to the licensee; or ( b ) a licensee has failed to secure the compliance by its employees, agents or subcontractors with — (i) any of the conditions of its licence; or (ii) any code of practice applicable to the licensee, and that it is appropriate or requisite that a provisional order be made under this section, the LTA must, instead of taking any decision under section 39, by provisional order make such provision as appears to it requisite for securing compliance with that licence condition or code of practice. (2) A provisional order — ( a ) must require the licensee to whom it relates (according to the circumstances of the case) to do, or not to do, such things as are specified in the provisional order or are of a description so specified; ( b ) takes effect at such time, being the earliest practicable time, as is determined by or under the provisional order; and ( c ) may be revoked at any time by the LTA. (3) In determining whether it is appropriate or requisite that a provisional order be made, the LTA must have regard, in particular, to the extent to which any person is likely to sustain loss or damage in consequence of anything which, in contravention of the condition of a licence or code of practice, is done or likely to be done, or omitted to be done, before a decision under section 39 may be made. (4) Subject to subsections (5), (6) and (7), the LTA must, by notice in writing, confirm a provisional order, with or without modifications, if — ( a ) the LTA is satisfied that the licensee to whom the order relates is contravening, or is likely to contravene any condition of its licence or any code of practice, or has failed to secure the compliance by its employees, agents or subcontractors with any condition of its licence or any code of practice; and ( b ) the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that licence condition or code of practice. (5) The LTA must not make or confirm a provisional order in relation to a licensee if it is satisfied — ( a ) that the duties imposed on the LTA under this Act or the Land Transport Authority of Singapore Act (Cap. 158A), or the terms of the relevant bilateral railway agreement, preclude the making of such an order; ( b ) that the licensee has agreed to take, and is taking, all such steps as it appears to the LTA for the time being to be appropriate for the licensee to take for the purpose of securing or facilitating compliance with the licence condition or code of practice in question; or ( c ) that the contraventions were, or the apprehended contraventions are, of a trivial nature. (6) Before the LTA makes or confirms a provisional order, the LTA must give notice to the licensee concerned — ( a ) stating that the LTA proposes to make or confirm the provisional order and setting out its effect; ( b ) setting out — (i) the relevant licence condition or code of practice for the purpose of securing compliance with which the provisional order is to be made or confirmed; (ii) the acts or omissions which, in the LTA’s opinion, constitute or would constitute contraventions of that licence condition or code of practice; and (iii) the other facts which, in the LTA’s opinion, justify the making or confirmation of the provisional order; and ( c ) specifying the period (not being less than 28 days after the date of service of the notice) within which representations with respect to the proposed provisional order or proposed confirmation may be made, and must consider any representation which is duly made and not withdrawn. (7) The LTA must not confirm a provisional order with modifications except — ( a ) with the consent of the licensee to whom the provisional order relates; or ( b ) after — (i) serving on that licensee such notice of the proposal to confirm the provisional order with modifications and in that notice, specifying the period (not being less than 28 days after the date of service of the notice) within which representations with respect to the proposed modifications may be made; and (ii) considering any representation which is duly made and not withdrawn. (8) In this section, “provisional order” means an order under this section which, if not previously confirmed in accordance with subsection (5), will cease to have effect at the end of such period (not exceeding 3 months) as is determined by or under the order.


document_id: cbra-2018
provision_ref: s39
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 39
title: Suspension or cancellation of licence, etc.
content:
39. —(1) Subject to subsection (2), if any licensee for a cross‑border railway — ( a ) contravenes or fails to comply with, or fails to secure the compliance by its employees, agents or subcontractors with — (i) any of the conditions of its licence; (ii) any code of practice applicable to the licensee; or (iii) any requirement of or under this Act which is applicable to the licensee in relation to that railway and for which no criminal penalty is prescribed for a contravention of the requirement; ( b ) is convicted of any offence under this Act; ( c ) in the opinion of the LTA, fails or is likely to fail to provide and maintain a safe and secure service in relation to that cross‑border railway; ( d ) fails to comply with any direction given by the LTA under section 37 in relation to that cross‑border railway; ( e ) fails to comply with any provisional order confirmed under section 38; ( f ) fails to comply with any service suspension order under section 56 in relation to that cross‑border railway; ( g ) goes into compulsory or voluntary liquidation other than for the purpose of reconstruction or amalgamation; or ( h ) makes any assignment to, or composition with, its creditors or, if a company, is unable to pay its debts, the LTA may, by notice in writing and without any compensation, do all or any of the following: (i) suspend or cancel the licence of the licensee for that cross‑border railway; (ii) require the licensee to pay, within a specified period, a financial penalty of such amount as the LTA thinks fit, which in any case must not exceed the maximum amount specified in subsection (2). (2) For the purposes of requiring a licensee for a cross‑border railway to pay a financial penalty under subsection (1)(ii), the maximum amount means the higher of the following amounts: ( a ) $1 million; or ( b ) 10% of the licensee’s gross annual revenue that is received during the licensee’s last‑completed financial year (as ascertained from the licensee’s latest audited accounts) from the management of railway assets and provision of open network services, or the provision of cross‑border train services (as the case may be) involving that cross‑border railway. (3) For the purposes of subsection (1)( h ), a company is unable to pay its debts if it is a company which is deemed to be so unable under section 254(2) of the Companies Act (Cap. 50).


document_id: cbra-2018
provision_ref: s40
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 40
title: Appeal to Minister
content:
40. —(1) Any licensee aggrieved by — ( a ) any licence condition imposed by the LTA under section 34(2) or (3); ( b ) any modification of the conditions of its licence under section 35; ( c ) any direction given by the LTA under section 37; ( d ) any decision made by the LTA under section 39(1)(i) or (ii); ( e ) any confirmed provisional order under section 38; or ( f ) the refusal of the LTA to renew its licence, may, within 14 days after the receipt of the notice relating to the relevant matter, appeal to the Minister. (2) Except as provided in subsection (3) or section 35(5) or unless the Minister otherwise directs, where an appeal is lodged by a licensee under this section, the licensee must continue to comply with any licence condition, direction, decision, confirmed provisional order or refusal being appealed against, until the determination of the appeal. (3) If any such appeal is made in relation to a provision of a notice under section 39(1)(ii) requiring the payment of a financial penalty and the financial penalty would be payable before the time when the appeal is determined, it need not be paid until that time. (4) The Minister may determine an appeal under this section by confirming, varying or reversing any decision of the LTA, or by amending any licence condition, direction, or confirmed provisional order, affecting the licensee. (5) The decision of the Minister on appeal is final. (6) In deciding on an appeal under this section, the Minister may consult the relevant bilateral committee for the railway concerned, but is not bound by the opinion of the bilateral committee. (7) In subsections (1) and (2), a reference to licensee includes a former licensee if the decision appealed against is the cancellation of a licence or refusal to renew a licence.


document_id: cbra-2018
provision_ref: s41
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 41
title: Outstanding fees, penalties, etc.
content:
41. —(1) If — ( a ) any fee imposed under section 31 in respect of a licence is not paid in full by the due date for payment; or ( b ) any financial penalty imposed under section 39(1)(ii) in respect of a licensee is not paid in full by the due date for payment, interest at the prescribed rate is payable by the licensee concerned on the outstanding amount of any such fee or financial penalty. (2) The LTA may recover as a debt in a court of competent jurisdiction any of the following amounts that has become due and payable but has not been paid: ( a ) any fee imposed under section 31 in respect of a licence; ( b ) any financial penalty imposed under section 39(1)(ii); ( c ) any interest imposed under subsection (1), and the liability of the licensee concerned to pay is not affected by its licence ceasing (for any reason) to be in force.


document_id: cbra-2018
provision_ref: s42
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 42
title: Submission of reports, accounts, etc.
content:
42. —(1) Within 3 months after the end of each financial year of a licensee or such longer period as the LTA may in writing allow on any particular instance, the licensee must deliver to the LTA — ( a ) a report of its operations during that financial year containing such information as is necessary to enable the LTA to assess the licensee; and ( b ) its audited annual balance sheet, profit and loss account and the reports of its auditor and directors. (2) The report required under subsection (1)( a ) must be in such form as may be required by the LTA.


document_id: cbra-2018
provision_ref: s43
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 43
title: Submission of further information
content:
43. The LTA may, by order in writing, require a licensee to submit such further or additional information as it may deem necessary with reference to any report, accounts or information forwarded by that licensee under section 42, and that further or additional information must be submitted within such period and in such manner as the LTA may require.


document_id: cbra-2018
provision_ref: s44
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 44
title: LTA to be informed of industrial disputes, etc.
content:
44. It is the duty of every licensee, at all times, to inform the LTA immediately of the following matters: ( a ) any industrial dispute between the licensee and its employees; ( b ) any fire occurrence within the premises it carries out activities authorised under its licence; ( c ) any proceeding or claim instituted or made against the licensee which might have an adverse effect on its financial condition or on its ability to comply with any condition of its licence, any code of practice applicable to the licensee and any applicable requirement by or under this Act.


document_id: cbra-2018
provision_ref: s45
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 45
title: Notice of intended opening of cross-border railway
content:
45. —(1) Subject to subsection (2), the concessionaire under a concession agreement granted under Part 3 for a cross‑border railway, or the LTA if no concession agreement is granted, must at least 3 months before the intended date of opening of the cross‑border railway — ( a ) cause notice to be given in writing to the Minister of the intention to open the railway; and ( b ) apply to the Minister for approval under section 46 to open the railway. (2) The Minister may, in his or her discretion or on application, reduce the period of or dispense with the notice mentioned in subsection (1). (3) In this Part, opening a cross-border railway means to start providing to the public cross‑border train services on the cross‑border railway, and includes — ( a ) selling, offering to sell or advertising for sale any ticket for carriage on a train as part of those services; or ( b ) supplying a ticket for carriage on a train as part of those services, in circumstances in which the supplier derives a direct benefit, pecuniary or otherwise.


document_id: cbra-2018
provision_ref: s46
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 46
title: Minister to approve opening of railway
content:
46. —(1) A cross-border railway must not be opened except with the Minister’s approval. (2) The Minister may refuse an application under section 45(1) to open a cross‑border railway if there is no satisfactory report by an independent verification and validation agent about the cross‑border railway. (3) A report by an independent verification and validation agent is unsatisfactory unless it states that — ( a ) the independent verification and validation agent has inspected the cross‑border railway in question, including the railway assets and all other equipment to be used for or in connection with the provision of network services for and cross‑border train services on that cross‑border railway; and ( b ) in the independent verification and validation agent’s opinion — (i) the cross-border railway in question is fit to receive trains and to open; and (ii) the opening of the cross‑border railway is unlikely to endanger or damage any railway asset or railway infrastructure of the railway, or endanger any passenger to be carried or person lawfully employed or engaged to work on that railway. (4) The Minister may require the independent verification and validation agent to provide such other information as the Minister requires for the purpose of this section. (5) In deciding whether to give his or her approval under subsection (1) to open a cross‑border railway, the Minister must consult the relevant bilateral committee for the railway but is not bound by the opinion of the bilateral committee. (6) An independent verification and validation agent is a person who is jointly appointed by — ( a ) the concessionaire for a cross-border railway, or the LTA if there is no concession agreement; and ( b ) the corresponding concessionaire, with the approval of the bilateral committee for that railway. (7) In subsection (6), the corresponding concessionaire for a cross‑border railway is a person or body whom the Minister designates as such, on being satisfied that the person or body is authorised to design, construct, maintain, operate or improve the railway infrastructure in Malaysia of the cross‑border railway. Division 2 &#x2014; Rights for railway administration


document_id: cbra-2018
provision_ref: s47
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 47
title: Creation of rights in, under or over land
content:
47. —(1) From the date of publication in the Gazette of an order of creation of a right under this subsection — ( a ) the concessionaire or, the LTA if there is no concession agreement for a cross‑border railway; ( b ) the railway assets operator for a cross‑border railway; and ( c ) the train service operator for a cross‑border railway, may enter upon such land within the railway area for that cross‑border railway as described in the order (not being State land or land belonging to the LTA), and exercise such permanent rights in, under or over such land or such rights of temporary occupation of the land as may be specified in the order. (2) Any right mentioned in an order under subsection (1) is limited to a right conferring such rights and powers as are necessary or convenient — ( a ) in the case of the concessionaire or, the LTA if there is no concession agreement granted, for the purposes of and incidental to constructing, maintaining, operating and improving the railway infrastructure of a cross‑border railway specified in the order; ( b ) in the case of the railway assets operator for a cross‑border railway, for the purposes of and incidental to management of the railway assets of, and providing network services for, the cross‑border railway specified in the order; and ( c ) in the case of the train service operator for a cross‑border railway, for the purposes of and incidental to providing a cross‑border train service on the cross‑border railway specified in the order. (3) Subject to this section, the LTA may, by order in the Gazette , declare that land within the railway area for a cross‑border railway as described in the order (not being State land or land belonging to the LTA), is set aside for use by members of the public as an entrance to or exit from a train station of a cross‑border railway, but without derogating from any right of passage conferred by the common law. (4) An order made under this section attaches to the land and is binding on all persons who from time to time have an interest in the land. (5) An order made under this section must — ( a ) be made by the LTA; ( b ) describe the right in, under or over land, the right of temporary occupation or the public’s right of passage, as the case may be, and the area of land subject to such right; and ( c ) state particulars of the places and times at which a copy of a plan of the area of land subject to such right may be inspected. (6) In addition, an order made under subsection (3) may — ( a ) provide for periods during which the entrance to or exit from a train station is closed; and ( b ) include terms and conditions as to the use and management of the entrance or exit. (7) An order made under this section may be amended at any time.


document_id: cbra-2018
provision_ref: s48
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 48
title: Tracks, etc., are not fixtures
content:
48. Every track, installation or plant used for a cross‑border railway and placed under, over, along, across, in or upon any property by the LTA, a concessionaire or a railway assets operator in the discharge of their functions under this Act remains the property of the LTA, concessionaire or railway assets operator (as the case may be), whether or not it has become in whole or in part a fixture.


document_id: cbra-2018
provision_ref: s49
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 49
title: Appointment of independent safety auditor
content:
49. The LTA must, in accordance with the relevant bilateral railway agreement for the cross‑border railway in question, jointly appoint an individual as the independent safety auditor for the cross‑border railway.


document_id: cbra-2018
provision_ref: s50
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 50
title: Appointment of rail safety inspectors
content:
50. —(1) The LTA may, in writing, appoint as rail safety inspectors any of the following persons: ( a ) any employee of the LTA with suitable qualifications and experience to properly exercise the powers of a rail safety inspector; ( b ) any individual who is not an employee of the LTA and has suitable qualifications and experience to properly exercise the powers of a rail safety inspector. (2) The LTA must issue to each rail safety inspector an identification card, which must be carried at all times by the rail safety inspector when exercising powers under this Act. (3) Without affecting the Land Transport Authority of Singapore Act 1995, but subject to subsection (4), the LTA may delegate the exercise of all or any of the powers conferred or duties imposed upon it under this Part to such of its employees, and such other individuals who are not its employees, as it appoints under this section to be a rail safety inspector. (4) However, nothing in subsection (3) authorises delegating the power of delegation conferred by that subsection. (5) Any delegation under subsection (3) may be general or in a particular case and may be subject to such conditions or limitations as set out in this Act or as the LTA may specify. (6) Every rail safety inspector who is not an employee of the LTA and acting under this Part is to be regarded as a public servant for the purposes of the Penal Code 1871.


document_id: cbra-2018
provision_ref: s51
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 51
title: Safety inspections and monitoring
content:
51. —(1) The LTA or independent safety auditor may, by notice in writing, require, after the opening of a cross‑border railway — ( a ) any licensee for the cross-border railway; ( b ) the concessionaire for the cross-border railway; or ( c ) a subcontractor of a licensee for the cross‑border railway, to undergo such inspection or monitoring as the LTA or independent safety auditor considers, on reasonable grounds, necessary in the interests of ensuring the safety of the cross‑border railway. (2) In addition, the independent safety auditor may, by notice in writing, after the opening of a cross‑border railway, require the LTA if there is no concession agreement granted for the cross‑border railway, to undergo such inspection or monitoring as the independent safety auditor considers, on reasonable grounds, necessary in the interests of ensuring the safety of the cross‑border railway. (3) For the purposes of any inspection or monitoring under subsection (1) or (2), the LTA or independent safety auditor may in respect of any person described in subsection (1) or (2), by notice in writing, require from that person such information as the LTA or independent safety auditor, as the case may be, considers relevant to the inspection or monitoring. (4) Any person to whom a notice under subsection (1), (2) or (3) is given who, without reasonable excuse, fails to comply with the requirements of the notice 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 2 years or to both.


document_id: cbra-2018
provision_ref: s52
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 52
title: Power of entry to premises, trains, etc.
content:
52. —(1) For the purpose of finding out whether an applicable requirement of this Act is being complied with, every rail safety inspector has the right of access, at any reasonable time, to the following: ( a ) any railway infrastructure of a cross‑border railway; ( b ) any railway asset of a cross‑border railway; ( c ) any premises in Singapore used for undertaking any activity connected with managing railway assets, providing network services for or providing a cross‑border train service on a cross‑border railway; ( d ) any document or record concerning any matter or activity mentioned in paragraph ( a ), ( b ) or ( c ). (2) A rail safety inspector is authorised to enter any railway infrastructure, railway asset or premises mentioned in subsection (1) only if its occupier has consented to the entry or after giving 3 hours’ prior notice of that entry to the occupier. (3) A rail safety inspector who is authorised under subsection (1) to have access to or to enter any railway infrastructure, railway asset or premises mentioned in that subsection may — ( a ) require any person who is in possession of any certificate, book, manual, record or other document relating to any railway infrastructure or railway asset, or the provision of network services or cross‑border train services to produce the certificate, book, manual, record or document, and take and retain extracts or copies of it; ( b ) require any person in possession of, or having control of, any machinery, equipment or other thing relating to the maintenance, operation or improvement of any railway infrastructure, the management of a railway asset, or the provision of network services or a cross‑border train service, as the case may be — (i) to produce the machinery, equipment or other thing for inspection; and (ii) to answer questions or provide information relating to the machinery, equipment or other thing; ( c ) inspect and test any machinery, equipment or other thing mentioned in paragraph ( b ), or require any person to do anything which the rail safety inspector reasonably considers to be necessary for facilitating such test or inspection; ( d ) if the rail safety inspector considers it necessary to do so for the purpose of obtaining evidence of the contravention of any applicable requirement of this Act, seize any machinery, equipment, substance, record or other thing; ( e ) inspect, examine and take samples of any substance or thing on or in the railway infrastructure or railway asset or the premises mentioned in subsection (1)( c ); and ( f ) photograph, or make sketches of, the railway infrastructure or railway asset or the premises mentioned in subsection (1)( c ) and any substance or thing on or in the railway infrastructure, railway asset or premises. (4) For the purpose of discharging his or her duties to the bilateral committee for a cross‑border railway that has opened, the independent safety auditor for the cross‑border railway has the same right of access and may exercise in Singapore the same powers conferred under this section on a rail safety inspector; and any reference in this section to a rail safety inspector includes a reference to the independent safety auditor. (5) In this section, a requirement of this Act means any of the following relating to safety of cross‑border railways: ( a ) a requirement of or under a provision of this Act; ( b ) a requirement of or under any regulation made under this Act; ( c ) a requirement of a notice, direction or order given by the LTA under this Act; ( d ) a condition of a licence or a code of practice.


document_id: cbra-2018
provision_ref: s53
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 53
title: Obstructing rail safety inspectors, etc.
content:
53. —(1) A person who refuses to give access to, or obstructs, hinders or delays — ( a ) the independent safety auditor; or ( b ) a rail safety inspector, in the discharge of his or her duties under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (2) However, it is not an offence under subsection (1) for any person to refuse to comply with any request, demand or order made or given by the independent safety auditor or a rail safety inspector who fails to declare his or her office and refuses to produce his or her identification card on demand being made by that person. (3) Any person who — ( a ) without reasonable excuse, refuses or fails to comply with a requirement under section 51 made by the independent safety auditor or a rail safety inspector; or ( b ) knowingly furnishes to the independent safety auditor or a rail safety inspector information that is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months. Division 2 &#x2014; Accidents and suspension of railway


document_id: cbra-2018
provision_ref: s54
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 54
title: Interpretation of this Division
content:
54. In this Division, unless the context otherwise requires — “accident” means an accident associated with the operation of any railway infrastructure or a cross‑border train or other railway asset where — ( a ) a cross-border train is destroyed or seriously damaged as a result; ( b ) an individual dies or suffers serious injury as a result; or ( c ) any property is destroyed or seriously damaged as a result; “passenger” includes an intending passenger; “railway security incident” means a threatened act of unlawful interference or an act of unlawful interference; “serious incident” means an occurrence involving the operation of a cross‑border train or other railway asset where — ( a ) the cross‑border train is involved in a near‑accident; or ( b ) the occurrence could have affected or affected the safety of the operation of the train.


document_id: cbra-2018
provision_ref: s55
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 55
title: Compulsory reporting of accidents, etc., on cross‑border railway
content:
55. —(1) This section applies where — ( a ) an accident or a serious incident occurs in Singapore; or ( b ) an accident or a serious incident occurs outside Singapore involving a train operated by a licensee holding a cross‑border train service licence. (2) If a relevant person has knowledge of an accident or a serious incident mentioned in subsection (1), the relevant person must give notice of the accident or serious incident to — ( a ) the competent authority for transport accidents in accordance with the written law in force governing transport accidents in Singapore; and ( b ) the bilateral committee for that cross‑border railway within the prescribed time and in the prescribed manner. (3) A relevant person who, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. (4) To avoid doubt, nothing in this section affects the operation of — ( a ) the Electricity Act 2001; ( b ) the Fire Safety Act 1993; or ( c ) the Workplace Safety and Health Act 2006. (5) In this section, “relevant person” means — ( a ) the licensee having charge of the railway infrastructure or railway asset involved, or the master of the cross‑border train involved, at the time of the accident or serious incident; ( b ) where the accident or serious incident occurs on or adjacent to a train station of a cross‑border railway in Singapore, the owner or operator of the train station; and ( c ) in all other accidents or serious incidents, such persons as may be prescribed by the written law in force governing transport accidents.


document_id: cbra-2018
provision_ref: s56
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 56
title: Service suspension order
content:
56. —(1) Where it appears to the Minister that — ( a ) there is a serious and imminent risk to travel on a cross‑border railway because of an accident, a malfunction, natural disaster, terrorist act or other exceptional reason; and ( b ) it is appropriate or requisite, to avoid any actual or imminent occurrence that endangers or threatens to endanger the safety of the public, that an order be made under this section, the Minister may make an order suspending the provision of cross‑border train services on the cross‑border railway (called in this section a service suspension order). (2) A service suspension order must require the licensee to whom it relates (according to the circumstances of the case) — ( a ) to close the cross-border railway for the carriage of passengers; and ( b ) to do, or not to do, such other things as are specified in the order or are of a description so specified. (3) A service suspension order — ( a ) must take effect at such time, being the earliest practicable time, as is determined by or under the order; and ( b ) may be revoked at any time by the Minister. (4) In determining whether it is appropriate or requisite that a service suspension order be made, the Minister must have regard, in particular, to the views of the bilateral committee and the corresponding rail authority unless it is not practicable to first obtain those views. (5) A service suspension order under this section will cease to have effect at the end of such period (not exceeding 30 days) as is determined by or under the order. (6) However, the cessation of a service suspension order having effect does not prevent a further service suspension order being made by the Minister if the Minister is satisfied that the circumstances warrant it.


document_id: cbra-2018
provision_ref: s57
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 57
title: Reopening railway after service suspension order
content:
57. —(1) A cross-border railway which has been closed under section 56 must not be reopened when the service suspension order has effect, except with the Minister’s approval. (2) The Minister may refuse approval to reopen a cross‑border railway if there is no satisfactory report by a rail safety inspector about the cross‑border railway. (3) A report by a rail safety inspector is unsatisfactory unless it states that — ( a ) the rail safety inspector has inspected the cross‑border railway in question, including the railway infrastructure, railway assets and all other equipment to be used for or in connection with the provision of network services and cross‑border train services; and ( b ) in the rail safety inspector’s opinion — (i) the cross-border railway in question is fit to resume receiving trains and to reopen; and (ii) the reopening of the railway is unlikely to endanger or damage any railway asset or railway infrastructure of the cross‑border railway, or endanger any passenger to be carried on or person lawfully employed or engaged to work on that railway. (4) In deciding whether to give his or her approval under subsection (1) to reopen a cross‑border railway, the Minister must consult the relevant bilateral committee for the railway but is not bound by the opinion of the bilateral committee. Division 3 &#x2014; Railway security


document_id: cbra-2018
provision_ref: s58
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 58
title: Cross-border railway security agency
content:
58. The Minister may designate a person or body of persons to be the cross‑border railway security agency for the purposes of this Act.


document_id: cbra-2018
provision_ref: s59
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 59
title: Security directives
content:
59. —(1) The cross-border railway security agency may, by a security directive, require any of the following persons to carry out, within the time delimited by the security directive, such security measures as the cross‑border railway security agency may specify in the security directive: ( a ) any licensee for a cross‑border railway; ( b ) the concessionaire for a cross‑border railway; ( c ) the LTA; ( d ) any person who is not mentioned in paragraph ( a ), ( b ) or ( c ) but who — (i) operates, maintains or improves, or does any other act (whether or not at a train station) in respect of any railway infrastructure, railway asset, network service or cross‑border train service; or (ii) for the purposes of any business carried on or service provided by the person, has access to the train station of a cross‑border railway or to an area or place within such a train station public access to which is restricted. (2) The cross-border railway security agency may, at any time, vary or rescind a security directive given under subsection (1), and that security directive has effect until it is so varied or rescinded, or rescinded and replaced by another security directive. (3) If — ( a ) a security directive is given to a person in subsection (1); ( b ) the security directive is in force; and ( c ) the person fails to comply or do anything required of the person by the security directive, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. (4) Subsection (3) does not apply if the person has a reasonable excuse, the burden of proof of which lies with the person. (5) Despite subsection (1), a security directive need not be in writing in cases of extreme urgency, in order to respond rapidly — ( a ) to any specific railway security incident requiring immediate action or additional security measures; or ( b ) to a change in the nature of an existing general threat of an act of unlawful interference, requiring immediate action or additional security measures, and in such a case, the cross‑border railway security agency may issue a verbal security directive to any person in subsection (1), which must be confirmed in writing as soon as practicable. (6) In this section, “security measure” includes — ( a ) any measure, equipment or procedure to carry out screening or re‑screening and clearing of — (i) any person boarding a train; or (ii) any baggage or other thing to be carried on a cross‑border train; ( b ) passenger check-in and boarding procedures, including procedures for dealing with — (i) diplomats and other special passengers, their diplomatic bags and baggage; (ii) passengers with reduced mobility or a medical condition; (iii) passengers in custody and suspicious behaviour in passengers; or (iv) anomalies in passenger reconciliation that may arise during check‑in or boarding; ( c ) any security measures or procedures to be used within a train station of a cross‑border railway, including measures — (i) to control access at the train stations of a cross‑border railway and maintain the integrity of access control systems; (ii) to deter and detect unauthorised access by people, aircraft, vehicles or things into an area or place within a train station or railway infrastructure of a cross‑border railway public access to which is restricted; (iii) to assess, identify and respond to unknown substances; (iv) to investigate, secure, and remove unattended or suspicious vehicles, baggage and other things; and (v) to ensure the security of passwords, keys and key lists, electronic access cards and other security privileges; ( d ) any measure to deter unauthorised possession of firearms, weapons and other prohibited items in a train station of a cross‑border railway, any other part of the railway or a cross‑border train, including procedures — (i) for dealing with surrendered firearms, other weapons and prohibited items; and (ii) for handling and movement of firearms and other weapons; ( e ) any measure or procedure for responding to and investigating railway security incidents and threats and breaches of railway security, including measures and procedures by a concessionaire, the LTA, a licensee or the master of a cross‑border train in Singapore — (i) to hold the train in a particular position or within a particular area until specified actions are taken or until a specified event occurs; (ii) to ensure that the train leaves a particular place or a particular area; or (iii) to ensure that the train arrives and departs at a particular place or within a particular area; ( f ) any measure or procedure — (i) for reporting railway security incidents or security breaches, including occurrences that threaten the security of any part of a cross‑border railway or any cross‑border train; (ii) for evacuation and emergency management in case of a railway security incident, security threat or breach of security, including a train hijacking, a bomb threat or a failure of critical security equipment; or (iii) for responding to any security directive verbally given under subsection (5), including any procedure to communicate the directive within a train station; ( g ) any measure or procedure to undertake reasonable searches of — (i) any person boarding a cross-border train; (ii) any thing carried on or to be carried on a cross‑border train; (iii) any cross-border train or class of such train, or any train station or class of stations of a cross‑border railway, or any railway asset used in providing network services or cross‑border train services or class of such railway assets, specified in a security directive; or (iv) any unattended item, substance or vehicle in a train station of a cross‑border railway or in a cross‑border train; ( h ) any measure to seize any item or substance specified in a security directive if the person given the security directive (or the person’s agent) has reasonable grounds to believe that there is no lawful authority or reasonable excuse for the item or substance to be carried in a cross‑border train; and ( i ) any measure by the master of a cross‑border train in Singapore and that has not departed a train station — (i) to hold the train in a particular position or within a particular area until specified actions are taken or until a specified event occurs; (ii) to take particular actions, or ensure that particular actions are taken, on or in relation to the train; (iii) to take particular actions, or ensure that particular actions are taken, in relation to a person or thing on, or to be carried by the train; or (iv) to allow any police officer or any other person authorised by the cross‑border railway security agency to inspect the train.


document_id: cbra-2018
provision_ref: s60
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 60
title: Powers of cross-border railway security agency
content:
60. —(1) For the purposes of ensuring the security of any cross‑border railway in Singapore, the cross‑border railway security agency or a police officer authorised by the cross‑border railway security agency may — ( a ) enter and inspect — (i) any part of a cross‑border railway or a cross‑border train; (ii) any area, building (other than a residence) or vehicle under the control of a person mentioned in section 59(1)( a ) to ( d ) (called in this section a relevant person); or (iii) if a relevant person operates from a residence or a part of a residence, the residence or the part of the residence from which the person operates; ( b ) inspect equipment in a place or vehicle mentioned in paragraph ( a ); ( c ) observe the operating procedures of a relevant person with a view to railway security; ( d ) discuss the procedures of a relevant person after observation under paragraph ( c ) with an employee of another relevant person, or with another such person, with a view to railway security; ( e ) inspect, photograph or copy a document or record made or kept by a relevant person; ( f ) operate equipment at a place mentioned in paragraph ( a ) for the purposes of gaining access to a document or record made or kept by a relevant person; ( g ) enter and inspect a train at a train station at a cross‑border railway; ( h ) inspect equipment in the train mentioned in paragraph ( g ); ( i ) observe the operating procedures for a cross‑border train (whether carried out by the crew or some other person) with a view to railway security; ( j ) discuss those procedures mentioned in paragraph (i) with a person carrying them out or with a relevant person; and ( k ) inspect, photograph or copy a document or record held in the train that relates to a passenger or an item of baggage. (2) The cross-border railway security agency, or a police officer authorised by the cross‑border railway security agency, may exercise a power specified in subsection (1) — ( a ) if the power is exercised within the boundaries of a train station of a cross‑border railway — at any time and without notice; ( b ) at any time and without notice, if the power is exercised outside the boundaries of a train station of a cross‑border railway and is a power specified — (i) in subsection (1)( a )(i) or (ii), ( c ) or ( d ); (ii) in subsection (1)( e ) to the extent that it relates to subsection (1)( a ) or ( d ); or (iii) in subsection (1)( f ) to the extent that it relates to subsection (1)( a )(iii); and ( c ) otherwise — after giving the person concerned reasonable notice. (3) An auxiliary police officer who is authorised in writing by the cross‑border railway security agency may assist the cross‑border railway security agency or a police officer authorised by that agency exercising in Singapore any power under any provision of this Division.


document_id: cbra-2018
provision_ref: s61
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 61
title: Passenger, etc., searches on railway
content:
61. —(1) Without affecting section 60, for the purposes of ensuring the security of persons on any cross‑border railway in Singapore (whether or not passengers), a railway official may, without giving any reason, ask any individual in — ( a ) a train station of a cross-border railway; or ( b ) a cross‑border train at a train station mentioned in paragraph ( a ), to allow the railway official to inspect and search any baggage or other thing carried by the individual or apparently in the immediate control of the individual; and that individual must permit that baggage or thing to be inspected and searched. (2) Without prejudice to subsection (3), a railway official may require any individual who refuses to permit any baggage or other thing carried by the individual or apparently in the immediate control of the individual to be inspected and searched to leave the train station or train, with that baggage or thing, and that individual must do so within a reasonable time. (3) Any individual who, without reasonable excuse, contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (4) In this section, “railway official” means any of the following individuals who is authorised by the cross‑border railway security agency in writing to exercise the power to search under this section at or in relation to any train station specified in that written authorisation: ( a ) any officer of the LTA; ( b ) a police officer or an auxiliary police officer in uniform; ( c ) any employee of a licensee; ( d ) any security officer (within the meaning of the Private Security Industry Act 2007) engaged by a licensee.


document_id: cbra-2018
provision_ref: s62
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 62
title: Offence of wilfully endangering safety
content:
62. Any person who wilfully does or omits to do anything in relation to any cross‑border railway as a result of which the safety of any individual travelling or being upon the railway is endangered, or is likely to be so endangered, 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 5 years or to both.


document_id: cbra-2018
provision_ref: s63
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 63
title: Damage to railway
content:
63. Any person who wilfully removes, destroys or damages any part of a cross‑border railway shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: cbra-2018
provision_ref: s64
chapter: PART 5 - TRAIN SERVICE OPERATOR
section: 64
title: Obstructing cross-border railway security agency, etc.
content:
64. —(1) A person who refuses to give access to, or obstructs, hinders or delays — ( a ) the cross-border railway security agency; ( b ) a police officer authorised by the cross‑border railway security agency to exercise powers under this Part; ( c ) an auxiliary police officer who is authorised in writing by the cross‑border railway security agency to assist the cross‑border railway security agency or a police officer mentioned in paragraph ( b ); or ( d ) a railway official within the meaning of section 61, in the discharge of his or her duties under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (2) However, it is not an offence under subsection (1) for any person to refuse to comply with any request, demand or order made or given by an out‑of‑uniform police officer or auxiliary police officer who fails to declare his or her office and refuses to produce his or her identification card on demand being made by that person.


document_id: cbra-2018
provision_ref: s65
chapter: PART 10 - MISCELLANEOUS
section: 65
title: Administration of Act
content:
65. —(1) It is the function of the LTA to administer this Act. (2) The Minister may give to the LTA directions as to the performance by the LTA of its functions under this Act, and the LTA must give effect to those directions.


document_id: cbra-2018
provision_ref: s66
chapter: PART 10 - MISCELLANEOUS
section: 66
title: Service of documents
content:
66. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act 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 given by the individual as the fax number for the service of documents; or ( f ) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be served on 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 last email address. (4) A document permitted or required by this Act 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 the 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 last email address. (5) Service of a document under subsection (1) 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; 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). (6) In this section, “document” includes a notice or an order permitted or required by this Act to be served. (7) However, this section does not apply to documents to be served in proceedings in court. (8) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “last email address” means — ( a ) 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 ( b ) the last email address of the addressee concerned known to the person giving or serving the document; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: cbra-2018
provision_ref: s67
chapter: PART 10 - MISCELLANEOUS
section: 67
title: Certain statements to be conclusive
content:
67. Where it is stated by the LTA in a notice under section 8, 9, 10, 11 or 12 that the entry or the work described in the notice or required to be carried out is, in the opinion of the LTA, necessary or required for the construction, maintenance, operation or improvement of the railway infrastructure of a cross‑border railway, then such statement must be accepted by all courts, tribunals and persons as conclusive evidence of the truth of the fact so stated. Power to require evidence of identity in certain cases 68. —(1) Any police officer or employee of the LTA who reasonably believes that any person has committed an offence under this Act may require the person to furnish evidence of his or her identity, and that person must then furnish such evidence of his or her identity as may be required by such police officer or employee of the LTA. (2) Any person who refuses to furnish any information required of him or her by any police officer or any employee of the LTA under subsection (1) or wilfully mis‑states such information shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500. Powers of arrest 69. —(1) A police officer, or any employee of the LTA generally or specially authorised in writing by the Chief Executive of the LTA, may arrest without warrant any person found committing or whom the police officer or authorised employee of the LTA has reason to believe has committed an offence punishable under this Act. (2) No person arrested under subsection (1) is to be detained longer than is necessary for bringing the person before a court unless the order of court for the person’s continued detention is obtained. Jurisdiction of courts 70. Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence. Offences by corporations 71. —(1) Where, in a proceeding for an offence under this Act, 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. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation, or a member of a corporation whose affairs 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 the same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (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 as that corporation would bear. (4) To avoid doubt, this section also 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. (5) To avoid doubt, subsection (2) does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (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 any such 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. Offences by unincorporated association or partnership 72. —(1) Where, in a proceeding for an offence under this Act, 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 the 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. (2) Where an unincorporated association or a partnership commits an offence under this Act, 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 that 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 that unincorporated association or partnership, and shall be liable on conviction to be punished accordingly. (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. (4) To avoid doubt, this section also 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. (5) To avoid doubt, subsection (2) does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (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 any such 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.


document_id: cbra-2018
provision_ref: s73
chapter: PART 10 - MISCELLANEOUS
section: 73
title: Composition of offences
content:
73. —(1) The Chief Executive, or any officer of the LTA authorised by the Chief Executive for the purpose of this section, may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund.


document_id: cbra-2018
provision_ref: s74
chapter: PART 10 - MISCELLANEOUS
section: 74
title: Exemption
content:
74. The Minister may, by order in the Gazette , exempt any person or class of persons from all or any provisions of Part 9, either generally or in a particular case and subject to such conditions as the Minister considers fit.


document_id: cbra-2018
provision_ref: s75
chapter: PART 10 - MISCELLANEOUS
section: 75
title: Regulations
content:
75. —(1) The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) In particular, the Minister may make regulations for any of the following: ( a ) regulating the management of railway assets of a cross‑border railway and the provision of network services and cross‑border train services; ( b ) providing for the safe maintenance and use of railway infrastructure and railway assets of a cross‑border railway; ( c ) prohibiting or regulating — (i) advertising on railway infrastructure or railway assets of a cross‑border railway; (ii) the custody and disposal of property found on a cross‑border train or a train station of a cross‑border railway; and (iii) any activity which may damage the railway infrastructure or railway assets of a cross‑border railway, or may endanger passengers carried or to be carried, or persons employed or engaged to work, on the cross‑border railway; ( d ) providing for the safe carriage of passengers on the cross‑border railway or the safety of persons employed or engaged to work on the cross‑border railway; ( e ) prescribing the requirements relating to — (i) the management and control of passengers (including persons in custody) on board a cross‑border train; (ii) the security features on a train used or to be used on a cross‑border railway; (iii) pre-departure checks of train facilities and other parts of a cross‑border train; (iv) procedures to be used and measures to be taken in relation to baggage that is loaded, or is intended to be loaded, onto a train used or to be used on a cross‑border railway; (v) unattended cross‑border trains and other railway assets of a cross‑border railway; or (vi) such other matters for the purposes of safeguarding a cross‑border railway against acts of unlawful interference; ( f ) prescribing the requirements relating to the control of access to different parts of the railway infrastructure and railway assets of a cross‑border railway or other facility related to the provision of network services for or a cross‑border train service on such a railway, including — (i) conditions of entry, the issue and use of security passes and other identification systems; and (ii) the screening of people, vehicles, baggage or goods (other than cargo) for entry to different parts of the railway infrastructure or railway assets of a cross‑border railway, or such other related facilities; ( g ) prescribing the requirements relating to — (i) the provision of lighting, fencing and storage facilities in the different parts of the railway infrastructure and railway assets of a cross‑border railway, or such other related facilities; and (ii) the approval of building works within, or adjacent to, the different parts of the railway infrastructure or railway assets of a cross‑border railway, or such other related facilities; ( h ) prescribing the powers and duties of the independent safety auditor and rail safety inspectors; ( i ) prescribing the requirements for or in connection with the giving of security directives under section 59; ( j ) prohibiting or regulating the carriage of articles, materials or animals on a cross‑border railway; ( k ) prescribing the fees in respect of the grant or renewal of any licence, and the doing of anything by the LTA under this Act; ( l ) regulating the work and conduct of the employees of licensees. (3) Regulations made under this section may — ( a ) provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $5,000; and ( b ) provide for such transitional, saving and other consequential, incidental and supplemental provisions as are necessary or expedient. (4) All regulations made under this section are to be presented to Parliament as soon as possible after publication in the Gazette .


document_id: cbra-2018
provision_ref: s76
chapter: PART 10 - MISCELLANEOUS
section: 76
title: Interface with other laws
content:
76. —(1) This Act does not apply to any railway that is the subject of regulation under the following written laws: ( a ) the Railways Act 1905; ( b ) the Rapid Transit Systems Act 1995. (2) Nothing in this Act affects any power of the LTA to construct and maintain any street, road structure or road related facility under the Street Works Act 1995.


document_id: cbra-2018
provision_ref: s78
chapter: PART 11 - AMENDMENTS TO OTHER ACTS
section: 78
title: Amendments to Land Transport Authority of Singapore Act
content:
78. The Land Transport Authority of Singapore Act (Cap. 158A, 1996 Revised Edition) is amended — ( a ) [ Omitted as having had effect ] ( b ) [ Omitted as having had effect ] ( c ) by inserting, immediately after paragraph (l) of section 6(1), the following paragraph: “ ( la ) to approve and regulate the operation of the railway in accordance with this Act and the Cross‑Border Railways Act 2018; ”. [38/2018]


document_id: cbsvo-1915
provision_ref: s2
section: 2
title: The Visitor in the Straits Settlements of the Christian Brothers’ Schools to be a body corporate
content:
2. —(1) The said James Joseph Byrne and his successors for the time being in the office of Visitor in the Straits Settlements of the Christian Brothers’ Schools duly qualified as hereinafter provided shall be a body corporate, hereinafter called the Corporation, and shall for the purposes of this Ordinance have the name of “The Visitor in the Straits Settlements of the Christian Brothers’ Schools”, and by that name have and use a corporate seal. (2) The said seal may from time to time be broken, changed, altered and made anew as to the Corporation seems fit. (3) The Corporation may acquire, purchase, take, hold and enjoy movable and immovable property of every description and may sell, convey, assign, surrender and yield up, mortgage, demise, re‑assign, transfer or otherwise dispose of any movable or immovable property vested in the Corporation upon such terms as to the Corporation seem fit. (4) No person shall be deemed to be duly qualified as aforesaid unless and until he has first, with the approval of the Minister signified under his hand and seal, caused the power of attorney or other instrument constituting him such Visitor to be duly filed in the Registry of the Supreme Court at Singapore, pursuant to section 48 of the Conveyancing and Law of Property Act 1886, and unless and until a notification of such filing has appeared in the Gazette . [72/59] (5) Such notification shall be sufficient evidence of the appointment and that the person therein named is duly qualified as by this Ordinance is required.


document_id: cbsvo-1915
provision_ref: s3
section: 3
title: Use of corporate seal
content:
3. —(1) No deed, document or other instrument sealed with the seal of the Corporation shall be deemed to be duly sealed unless such seal has been affixed in the presence of the said James Joseph Byrne or his attorney duly authorised by a power of attorney deposited under section 48 of the Conveyancing and Law of Property Act 1886, or in the presence of his successor for the time being in his said office of Visitor and duly qualified as aforesaid, and unless such deed, document or other instrument is signed by the said James Joseph Byrne or his attorney or by his successor or his said attorney. (2) Such signing shall be taken as sufficient evidence of the due sealing of such deed, document or other instrument.


document_id: cbsvo-1915
provision_ref: s4
section: 4
title: Property vested in Corporation
content:
4. All movable and immovable property situated in the Colony heretofore held, conveyed or assigned to or vested in either the Director in Singapore of St. Joseph’s Institution or the Director in Penang of St. Xavier’s Institution whether with or without the name of the Director for the time being holding the office is hereby vested in the Corporation for the respective estates and interests for which the same is held.


document_id: cbsvo-1915
provision_ref: s5
section: 5
title: Saving of Government and other rights
content:
5. Nothing in this Ordinance shall affect the rights of the Government or of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. [7/97]


document_id: cca-2006
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “authorised bank” means any bank authorised by the Authority for the purposes of this Act; “authorised person”, for any provision of this Act, means an officer or employee of the Authority or other individual who is appointed as an authorised person under section 6 for the purposes of that provision; [Act 14 of 2022 wef 01/08/2022] “Authority” means the Gambling Regulatory Authority of Singapore, which is the Casino Regulatory Authority of Singapore continued and renamed as the Gambling Regulatory Authority of Singapore under section 3 of the Gambling Regulatory Authority of Singapore Act 2022; [Act 14 of 2022 wef 01/08/2022] “casino” means any premises, or part of premises, within a designated site where persons may participate in one or more games approved by the Authority under section 100; “casino employee” means an employee having functions in or in relation to a casino; “casino licence” means a casino licence granted under section 49 that is in force; “casino marketing arrangement” means an arrangement whereby a person organises, promotes or facilitates the playing of any game in a casino by one or more patrons, for which the first-mentioned person receives from the casino operator or from the person for the time being in charge of the casino — ( a ) a commission based on the turnover of play in the casino attributable to the patron or patrons or otherwise derived from the play of the patron or patrons; ( b ) a share of the casino operator’s gross gaming revenue from the patron or patrons; or ( c ) such other form of payment or rebate, monetary or otherwise, as may be prescribed; “casino operator” means a person who is the holder of a casino licence; “casino premises” means the casino premises referred to in section 51; [ Deleted by Act 14 of 2022 wef 01/08/2022 ] “Chief Executive” means the Chief Executive of the Authority, and includes any individual acting in that capacity; “chip purchase voucher” means a voucher issued by a casino operator to a patron named in the voucher entitling the patron to be issued with chips of an equivalent value to that specified in the voucher; “chips” means any tokens used instead of money for the purpose of gaming and includes any voucher or other instrument that has a fixed dollar wagering value; “Comptroller” means the Comptroller of Income Tax appointed under section 3(1) of the Income Tax Act 1947 and includes, for all purposes of this Act except the exercise of the powers conferred on the Comptroller by sections 146A(2) and 152, a Deputy Comptroller or an Assistant Comptroller appointed under section 3(1) of the Income Tax Act 1947; “corporation” has the meaning given by section 4(1) of the Companies Act 1967; “Council” means the National Council on Problem Gambling established under section 154; “deposit account” means an account established under section 108(2); “designated site” means any parcel or parcels of land designated by the Minister under subsection (2) as a site on which a casino may be located; “Development Agreement” means an agreement in writing by a statutory body to lease a designated site to a person (referred to hereinafter as the lessee) for the development of an integrated resort thereon by the lessee on the terms and conditions stated in the agreement, and includes any supplemental agreement or other document amplifying or modifying those terms and conditions; “electronic monitoring system” means any electronic or computer or communications system or device that is so designed that it may be used, or adapted, to send or receive data from gaming equipment in relation to the security, accounting or operation of gaming equipment; “electronic table game” means a gaming machine used for the purpose of playing a game traditionally played at tables, and includes any electronic device through which bets may be placed on a game played at a table; “employ” includes engage under a contract for services; “excluded person” means a person subject to — ( a ) an exclusion order under section 121 or 122; [Act 15 of 2022 wef 01/08/2022] ( b ) a family exclusion order, provisional family exclusion order or exclusion order under Part 10; ( c ) section 165A; or ( d ) section 165D for the remainder of any month by reason of the person having made the maximum number of visits to any casino for the month as specified by a visit limit imposed on him or her; [Act 15 of 2022 wef 01/08/2022] “game” means a game of chance or a game that is partly a game of chance and partly a game requiring skill; “gaming equipment” means any device or thing (including chips) used, or capable of being used, for or in connection with gaming and includes — ( a ) a gaming machine; ( b ) linked jackpot equipment; ( c ) an electronic monitoring system; and ( d ) a part of, or a replacement part for, any such machine, equipment or system; “gaming machine” means any device, whether wholly or partly mechanically or electronically operated, that is so designed that — ( a ) it may be used for the purpose of playing a game of chance or a game of mixed chance and skill; and ( b ) as a result of making a bet on the device, winnings may become payable, and includes any machine declared by the Authority to be a gaming machine; “Inland Revenue Authority of Singapore” means the Inland Revenue Authority of Singapore established under section 3 of the Inland Revenue Authority of Singapore Act 1992; “inspector” means an inspector appointed under section 7; [Act 14 of 2022 wef 01/08/2022] “integrated resort” means a development comprising hotel, retail, dining, entertainment, recreation and other facilities, and of which a casino may be a part; “international market agent” means a person, other than an employee of a casino operator, who performs any of the functions specified in section 110A(2) in relation to one or more casino marketing arrangements; “international market agent licence” means a licence issued by the Authority to an international market agent under section 110B; “international market agent representative” means an individual who is employed by an international market agent to organise, promote or conduct a casino marketing arrangement on behalf of the international market agent; “international market agent representative licence” means a licence issued by the Authority to an international market agent representative under section 110B; “jackpot” means the combination of letters, numbers, symbols or representations required to be displayed on the reels or video screen of a gaming machine so that the winnings in accordance with the prize payout scale displayed on the machine are payable from money which accumulates as contributions are made to a special prize pool; “linked jackpot arrangement” means an arrangement whereby 2 or more gaming machines are linked to a device that — ( a ) records, from time to time, an amount which, in the event of a jackpot or other result being obtained on one of those machines, may be payable, or part of which may be payable, as winnings; ( b ) for the purpose of recording the amount referred to in paragraph ( a ), receives data from each gaming machine to which the device is linked; and ( c ) is not capable of affecting the outcome of a game on a gaming machine to which the device is linked; “linked jackpot equipment” means any jackpot meter, payout display, linking equipment, computer equipment, programming or other device (other than a gaming machine) forming, or capable of forming, part of a linked jackpot arrangement; “match play coupon” means a coupon issued by a casino operator to a patron which, when presented by the patron together with chips in any wager, augments the patron’s wager according to a ratio, percentage or value specified in the coupon; [ Deleted by Act 14 of 2022 wef 01/08/2022 ] “Minister”, except in section 45A and Parts 9 and 10, means the Minister charged with the responsibility for gambling suppression; [Act 14 of 2022 wef 01/08/2022] “operations”, in relation to a casino, means — ( a ) the conduct of gaming in the casino; ( b ) the management and supervision of the conduct of gaming in the casino; ( c ) money counting in, and in relation to, the casino; ( d ) accounting procedures in, and in relation to, the casino; ( e ) the use of storage areas within the casino premises; and ( f ) other matters affecting or arising out of activities in the casino; “owner”, in relation to a designated site, means the person who is registered in the land‑register under the Land Titles Act 1993 as the purchaser of a leasehold interest in the designated site or, if no one has been registered in the land‑register, the person who has entered into a Development Agreement to lease the designated site; “permanent resident of Singapore” has the meaning given by section 2 of the Immigration Act 1959; [Act 31 of 2023 wef 01/12/2025] “premium player” means a patron of a casino who opens a deposit account with the casino operator with a credit balance of not less than $100,000, where — ( a ) the deposit is in such form as may be prescribed; ( b ) the period during which the credit balance in the deposit account is below $100,000 does not exceed such period as may be prescribed; and ( c ) the deposit account fulfils such other conditions as may be prescribed; “record” includes any book, account, document, paper or other source of information compiled, recorded or stored in written form, or on microfilm, or by electronic process, or in any other matter or by any other means; “share” includes stock except where a distinction between stock and shares is express or implied; “special employee” means a person, whether or not an employee of a casino operator, who — ( a ) is employed or working in a casino in a managerial capacity or who is authorised to make decisions, involving the exercise of his or her discretion, that regulate the operations of a casino; or ( b ) is employed or working in a casino in any capacity relating to any of the following activities: (i) the conduct of gaming; (ii) the movement of money or chips about the casino premises; (iii) the exchange of money or chips to patrons of the casino; (iv) the counting of money or chips on the casino premises; (v) the security and surveillance of the casino; (vi) the operation, maintenance, construction or repair of gaming equipment; (vii) the supervision of any of the above activities; (viii) any other activity relating to the operations of the casino that is specified by the Authority for the purposes of this definition by written notice given to the casino operator; “special employee licence” means a special employee licence issued by the Authority under Part 5; “voting share” has the meaning given by section 4(1) of the Companies Act 1967. [22/2009; 4/2010; 36/2012; 5/2018] (2) For the purposes of this Act, the Minister may, by order in the Gazette — ( a ) designate any parcel or parcels of land as a site on which a casino may be located for such period as may be specified in the order; and ( b ) extend any period under paragraph ( a ) for such further period as may be specified in the order. (3) In this Act — ( a ) a reference to a function includes a reference to a power, authority or duty; and ( b ) a reference to the exercise of a function includes, in relation to a duty, a reference to the performance of the duty. (4) A reference in this Act to an individual performing duties in the Authority is a reference to — ( a ) an employee of the Authority; or ( b ) a public officer performing duties in the Authority under a secondment arrangement making available temporarily to the Authority the services of public officers. [Act 14 of 2022 wef 01/08/2022]


document_id: cca-2006
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meaning of “associate”
content:
3. —(1) For the purposes of this Act (other than Division 2 of Part 4), a person is an “associate” of a casino operator or an applicant for a casino licence if the person, in the opinion of the Authority, is able or will be able to exercise a significant influence over or with respect to the management or operation of the casino business of the casino operator or applicant. [36/2012] (2) In determining whether a person is able or will be able to exercise the significant influence referred to in subsection (1), the Authority may consider all or any of the following: ( a ) whether the person holds or will hold any relevant financial interest in the casino business of the casino operator or applicant; ( b ) whether the person is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the casino business of the casino operator or applicant; ( c ) whether the person holds or will hold any relevant position (whether in right of the person or on behalf of any other person) in the casino business of the casino operator or applicant; ( d ) the degree of direct or indirect influence that the person has in the management or operation of the casino business of the casino operator or applicant; ( e ) any other matter that the Authority considers relevant. [36/2012] (3) In this section — “relevant financial interest”, in relation to a business, means — ( a ) any share in the capital of the business; ( b ) any entitlement to receive any income derived from the business; or ( c ) any contribution to the capital of the business, whether by a loan or otherwise; “relevant position”, in relation to a business, means the position of director or manager, or other executive position, however that position is designated; “relevant power” means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others — ( a ) to participate in any directorial, managerial or executive decision; or ( b ) to elect or appoint any person to any relevant position. [36/2012]


document_id: cca-2006
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Minister may revoke order for designated site or cancel casino licence in public interest
content:
4. —(1) Despite any other provision of this Act, if it appears to the Minister to be necessary in the public interest to do so, the Minister may, after consulting the Authority — ( a ) revoke any order made under section 2(2); or ( b ) cancel any casino licence, and give such directions to the Authority or the casino operator concerned as are necessary to give effect to the revocation of the order or the cancellation of the casino licence, as the case may be. (2) The Authority or casino operator (as the case may be) must give effect to any direction given by the Minister under subsection (1). (3) Where the Minister has revoked an order under subsection (1)( a ), any casino licence granted for a casino on the site to which that order relates is deemed to be cancelled. (4) The Minister must pay such fair compensation as the Minister may determine for any damage caused to the casino operator concerned by reason of the revocation of the order or cancellation of the casino licence by the Minister under subsection (1). (5) If the amount of compensation to be paid under subsection (4) is disputed by the casino operator, the dispute is to be referred to arbitration, and parties are deemed as having submitted the dispute to arbitration under the Arbitration Act 2001 to be decided in accordance with Singapore law. (6) Any sum required by the Minister for paying compensation under subsection (4) is to be paid out of the Consolidated Fund. (7) If any doubt arises as to whether any act done under this section was in the public interest, a certificate signed by the Minister is conclusive evidence of the matters stated therein. (8) Any decision of the Minister under subsection (1) is final.


document_id: cca-2006
provision_ref: s5
chapter: PART 2 - ADMINISTRATION
section: 5
title: Authority responsible to administer Act
content:
5. It is the function of the Authority to exercise licensing and regulatory functions in accordance with this Act with respect to the operation of casinos in Singapore, and to administer this Act where not expressly otherwise provided. [Act 14 of 2022 wef 01/08/2022]


document_id: cca-2006
provision_ref: s6
chapter: PART 2 - ADMINISTRATION
section: 6
title: Authorised persons
content:
6. —(1) The Authority may, in relation to any provision of this Act, appoint — ( a ) any individual performing duties in the Authority; or ( b ) a public officer, to be an authorised person for the purposes of that provision, either generally or in a particular case. (2) The Authority may delegate the exercise of all or any of the powers conferred or duties imposed upon it by any provision of this Act to any authorised person; and any reference in that provision of this Act to the Authority includes a reference to such an authorised person. (3) However, nothing in this section authorises delegating the following non-delegable powers: ( a ) the power of delegation conferred by this section; ( b ) any power of the Authority to make subsidiary legislation under this Act. (4) Any delegation under subsection (2) may be general or in a particular case, and may be subject to such conditions or limitations as set out in this Act or as the Authority may specify. [Act 14 of 2022 wef 01/08/2022]


document_id: cca-2006
provision_ref: s7
chapter: PART 2 - ADMINISTRATION
section: 7
title: Inspectors
content:
7. —(1) The Authority may in writing appoint as an inspector any individual who is performing duties in the Authority and has suitable qualifications to properly exercise the powers of an inspector. (2) The Authority must issue to each inspector an identification card, which must be carried at all times by the inspector when exercising powers conferred on an inspector by or under this Act. (3) Every inspector who is not an employee of the Authority and acting under this section is deemed to be a public servant for the purposes of the Penal Code 1871. [Act 14 of 2022 wef 01/08/2022] 8. [ Repealed by Act 14 of 2022 wef 01/08/2022 ] 9. [ Repealed by Act 14 of 2022 wef 01/08/2022 ] 10. [ Repealed by Act 14 of 2022 wef 01/08/2022 ] 11. [ Repealed by Act 14 of 2022 wef 01/08/2022 ] 12. [ Repealed by Act 14 of 2022 wef 01/08/2022 ] 13. [ Repealed by Act 14 of 2022 wef 01/08/2022 ]


document_id: cca-2006
provision_ref: s14
chapter: PART 2 - ADMINISTRATION
section: 14
title: Functions of inspectors
content:
14. The functions of an inspector are as follows: ( a ) for the purpose of ascertaining whether or not a casino operator is complying with the provisions of this Act, the conditions of the casino licence, and any direction issued by the Authority under this Act — (i) to inspect casino premises; (ii) to monitor the operations of a casino; and (iii) to examine gaming equipment used in a casino and records kept in relation to a casino; ( b ) to monitor the handling and counting of money on casino premises; ( c ) to assist in any other manner, where necessary, in the detection of offences committed under this Act on casino premises; ( d ) to receive and investigate complaints from casino patrons relating to the conduct of gaming; ( e ) to report to the Authority regarding the operations of a casino; ( f ) to perform any other functions as are conferred on inspectors under this Act.


document_id: cca-2006
provision_ref: s15
chapter: PART 2 - ADMINISTRATION
section: 15
title: Powers of inspectors
content:
15. —(1) An inspector may do any one or more of the following: ( a ) require any person in possession of, or having control of, any machinery, equipment, record or other thing relating to the operations of a casino to produce the machinery, equipment, record or other thing for inspection and to answer questions or provide information relating to the machinery, equipment, record or other thing; ( b ) inspect any machinery, equipment, record or other thing referred to in paragraph ( a ) and take copies of, extracts from, or notes relating to, such record; ( c ) if the inspector considers it necessary to do so for the purpose of obtaining evidence of the contravention of any provision of this Act, seize any machinery, equipment, record or other thing; ( d ) stop any game conducted in a casino; ( e ) by written notice require — (i) the holder of any casino licence, special employee licence, international market agent licence, international market agent representative licence or other authorisation under this Act; (ii) an employee of a person referred to in sub‑paragraph (i); or (iii) any other person associated with operations or their management in premises the inspector is authorised to enter, to attend before the inspector at a specified time and place and to answer questions, or to provide information within a reasonable period specified in the notice, with respect to any activity regulated by this Act; ( f ) examine and test any machinery, equipment or other thing referred to in paragraph ( a ) and order the person in charge of it to withdraw it from use if it is unsatisfactory for use; ( g ) investigate any complaint from a patron of a casino relating to the conduct of any activity regulated by this Act; ( h ) any other thing authorised by this Act to be done by an inspector. [36/2012] (2) If an inspector seizes any thing under this section, it may be retained by the inspector until the completion of any proceedings (including proceedings on appeal) in which it may be evidence but, in the case of records, the person from whom the records were seized must be permitted to inspect and make copies of the records. (3) Subsection (2) ceases to have effect in relation to things seized if, on the application of a person aggrieved by the seizure, the court in which proceedings referred to in that subsection are instituted so orders.


document_id: cca-2006
provision_ref: s16
chapter: PART 2 - ADMINISTRATION
section: 16
title: Power to require names and addresses
content:
16. —(1) An inspector who exercises a right of entry to casino premises under section 118 or under a search warrant may require a person on the premises to state the person’s full name and residential address. (2) An inspector is not authorised to require a person to state the person’s name or address unless the inspector suspects on reasonable grounds that the person has committed an offence. [36/2012] (3) Any person who fails to comply with a requirement made under subsection (1) shall be guilty of an offence.


document_id: cca-2006
provision_ref: s17
chapter: PART 2 - ADMINISTRATION
section: 17
title: Seizure and forfeiture of equipment, etc.
content:
17. —(1) An inspector may seize — ( a ) any thing that the inspector reasonably suspects is gaming equipment that is not authorised under this Act to be on the casino premises; or ( b ) any article or thing the use or possession of which is unlawful. (2) A police officer or an inspector may apply to a court upon completion of the investigation in relation to any item seized under subsection (1) for an order that the item seized under that subsection be forfeited to the Authority. (3) On an application under subsection (2), the court is to order that the item be forfeited to the Authority if the court is satisfied that the item is — ( a ) gaming equipment that is not authorised under this Act to be on the casino premises; or ( b ) any article or thing the use or possession of which is unlawful, as the case may be, regardless of whether a charge has been filed in relation to the item or whether a person has been convicted of an offence in relation to the item. (4) Any item forfeited under this section must be disposed of in accordance with any direction of the court. 18. [ Repealed by Act 14 of 2022 wef 01/08/2022 ] 19. [ Repealed by Act 14 of 2022 wef 01/08/2022 ] 20. [ Repealed by Act 14 of 2022 wef 01/08/2022 ] 21. [ Repealed by Act 14 of 2022 wef 01/08/2022 ] 22. [ Repealed by Act 14 of 2022 wef 01/08/2022 ] 23. [ Repealed by Act 14 of 2022 wef 01/08/2022 ] 24. [ Repealed by Act 14 of 2022 wef 01/08/2022 ] 25. [ Repealed by Act 14 of 2022 wef 01/08/2022 ] 26. [ Repealed by Act 14 of 2022 wef 01/08/2022 ] 27. [ Repealed by Act 5 of 2018 ] 28. [ Repealed by Act 5 of 2018 ] 29. [ Repealed by Act 5 of 2018 ] 30. [ Repealed by Act 5 of 2018 ] 31. [ Repealed by Act 5 of 2018 ] 32. [ Repealed by Act 14 of 2022 wef 01/08/2022 ] 33. [ Repealed by Act 14 of 2022 wef 01/08/2022 ] 34. [ Repealed by Act 14 of 2022 wef 01/08/2022 ] 35. [ Repealed by Act 14 of 2022 wef 01/08/2022 ] 36. [ Repealed by Act 14 of 2022 wef 01/08/2022 ] 37. [ Repealed by Act 14 of 2022 wef 01/08/2022 ] 38. [ Repealed by Act 14 of 2022 wef 01/08/2022 ] 39. [ Repealed by Act 14 of 2022 wef 01/08/2022 ]


document_id: cca-2006
provision_ref: s40
chapter: PART 3 - LICENSING OF CASINOS
section: 40
title: Certain contracts in relation to gaming valid and enforceable
content:
40. Section 5(1) and (2) of the Civil Law Act 1909 does not apply in relation to — ( a ) any contract entered into with a casino operator or the casino operator’s agent for the playing in the casino of a game that is conducted by or on behalf of the casino operator or the casino operator’s agent (as the case may be) at any time while the casino licence is in force; ( b ) any contract entered into with a casino operator or the casino operator’s agent for the use of a gaming machine in the casino, at any time while the casino licence is in force; and ( c ) any contract for any transaction permitted under section 108, at any time while the casino licence is in force.


document_id: cca-2006
provision_ref: s41
chapter: PART 3 - LICENSING OF CASINOS
section: 41
title: Two casinos only
content:
41. —(1) The Authority must, during the period ending on (and including) 31 December 2030, ensure that there are not more than 2 casino licences in force under this Act at any particular time. [Act 1 of 2022 wef 01/03/2022] (2) A casino licence is to apply to one casino only.


document_id: cca-2006
provision_ref: s42
chapter: PART 3 - LICENSING OF CASINOS
section: 42
title:
Main shareholder of casino operator not to divest stake or participate in other casino for certain period

content:
42. —(1) During the period mentioned in section 41(1) — ( a ) the main shareholder of a casino operator must not, without the prior written approval of the Minister, transfer or dispose of any part of the main shareholder’s stake in the casino operator to the extent that after the transfer or disposal, the percentage of the total votes attached to the main shareholder’s stake in the casino operator — (i) is less than 20% of the total votes attached to all voting shares in the casino operator; or (ii) is equal to or less than the percentage of the total votes attached to the stake of any other stakeholder in the casino operator; and [Act 29 of 2024 wef 30/10/2024] ( b ) no person other than the main shareholder of a casino operator may, without the prior written approval of the Minister, acquire any stake in the casino operator to the extent that after the acquisition, the percentage of the total votes attached to the stake of that person in the casino operator — (i) is equal to or more than 20% of the total votes attached to all voting shares in the casino operator; and (ii) is equal to or more than the percentage of the total votes attached to the main shareholder’s stake in the casino operator. [Act 1 of 2022 wef 01/03/2022] [Act 29 of 2024 wef 30/10/2024] (2) The main shareholder of a casino operator must not, at any time where there are only 2 casinos in Singapore — ( a ) acquire or hold any stake in the other casino operator; ( b ) participate in the management or operation of the other casino operator, whether by nominating or appointing any director or officer of the other casino operator or otherwise; or ( c ) enter into any agreement for the management or operation of the other casino. (3) Any person who contravenes subsection (1) or (2) 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; or [Act 29 of 2024 wef 30/10/2024] ( b ) in any other case, to a fine not exceeding $250,000. [Act 29 of 2024 wef 30/10/2024] (4) Without affecting subsection (3), the Minister may, by written notice, do one or more of the following: ( a ) where the Minister is satisfied that the main shareholder of a casino operator has contravened subsection (1)( a ), direct the main shareholder to acquire a stake in the casino operator, in such manner, within such time and subject to such conditions as may be specified in the notice, to the extent that after the acquisition, the percentage of the total votes attached to the main shareholder’s stake in the casino operator — (i) is equal to or more than 20% of the total votes attached to all voting shares in the casino operator; and (ii) is more than the percentage of the total votes attached to the stake of every other stakeholder in the casino operator; ( b ) where the Minister is satisfied that any person has contravened subsection (1)( b ) or (2)( a ), direct that person to transfer or dispose of the whole or any part of that person’s stake in the casino operator which has been acquired or held in contravention of that provision in such manner, within such time and subject to such conditions as may be specified in the notice; ( c ) where the Minister is satisfied that the main shareholder of a casino operator has contravened subsection (2)( b ), direct the main shareholder to cease all participation in contravention of that provision within such time as may be specified in the notice; ( d ) where the Minister is satisfied that the main shareholder of a casino operator has contravened subsection (2)( c ), direct the main shareholder to terminate any agreement made in contravention of that provision within such time as may be specified in the notice; ( e ) give any other direction that the Minister considers appropriate. (5) Any person who, without reasonable excuse, fails to comply with a direction made under subsection (4) 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 [Act 29 of 2024 wef 30/10/2024] ( 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. [Act 29 of 2024 wef 30/10/2024] (6) Where any direction has been made under subsection (4)( b ), then, until a transfer or disposal is effected in accordance with the direction, and despite anything in the Companies Act 1967 or in the memorandum or articles of association of the casino operator — ( a ) no voting rights are exercisable in respect of any voting shares in the casino operator which are comprised in any part of any stake in the casino operator acquired or held in contravention of subsection (1)( b ) or (2)( a ) (called in this subsection the relevant shares), unless the Minister expressly permits such rights to be exercised; ( b ) no shares in the casino operator may be issued or offered (whether by way of rights, bonus or otherwise) in respect of the relevant shares unless the Minister expressly permits such issue or offer; and ( c ) except in a liquidation of the casino operator, no payment may be made by the casino operator of any amount (whether by way of dividends or otherwise) in respect of the relevant shares unless the Minister expressly permits such payment. (7) For the purposes of this section — ( a ) a person holds a stake in a casino operator if the person — (i) holds any voting share in the casino operator; or (ii) is deemed under subsection (8) to control any percentage of the total votes attached to all voting shares in the casino operator; and ( b ) the percentage of the total votes attached to a person’s stake in a casino operator at a particular time is the aggregate of — (i) the percentage which represents the proportion that the votes attached to the voting shares which the person holds in the casino operator at that time bear to the total votes attached to all voting shares in the casino operator at that time; and (ii) every percentage of the total votes attached to all voting shares in the casino operator which the person is deemed under subsection (8) to control at that time. (8) For the purposes of this section, if — ( a ) a person — (i) holds one or more units of equity interests in an entity (called in this subsection the first level entity) and by virtue of that holding controls; or (ii) is deemed under this subsection to control, a certain percentage (called in this subsection the first level percentage) of the total votes attached to all equity interests in the first level entity; and ( b ) the first level entity holds one or more units of equity interests in another entity (called in this subsection the second level entity) and by virtue of that holding controls a certain percentage (called in this subsection the second level percentage) of the total votes attached to all equity interests in the second level entity, then the person is deemed to control a percentage of the total votes attached to all equity interests in the second level entity which is equal to the product of the first level percentage and the second level percentage. (9) In this section — “business trust” has the meaning given by section 2 of the Business Trusts Act 2004; “entity” includes a corporation, an unincorporated association, a sole proprietorship, a partnership, a limited liability partnership and a business trust; “equity interest” — ( a ) in relation to a corporation, means a voting share in that corporation; and ( b ) in relation to any entity other than a corporation, means any right or interest, whether legal or equitable, in the entity, by whatever name called, which gives the holder of that right or interest voting power in that entity; “hold”, in relation to any stake, voting share or unit of equity interest, includes holding that stake, voting share or unit through a nominee, and “holder” and “holding” are to be construed accordingly; “limited liability partnership” means a limited liability partnership formed under section 4(1) of the Limited Liability Partnerships Act 2005 or any equivalent foreign law; “main shareholder”, in relation to a casino operator, means such person as the Minister may, by notification in the Gazette , designate as the main shareholder of the casino operator. (10) This section applies to every individual, whether resident in Singapore or not, and to every body corporate or unincorporate, whether incorporated or carrying on business in Singapore or not. (11) Where the main shareholder of a casino operator is not resident or does not have a place of business in Singapore, it is a condition of the casino licence that the casino operator must notify the Authority of an address within Singapore for the service of any summons, notice, order or legal process upon its main shareholder and of a person or persons authorised by the main shareholder to accept service on its behalf.


document_id: cca-2006
provision_ref: s43
chapter: PART 3 - LICENSING OF CASINOS
section: 43
title: Operating casino without casino licence prohibited
content:
43. —(1) A person must not operate a casino without a valid casino licence in force. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) for a first offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 7 years or to both and, in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part of a day during which the offence continues after conviction; and ( b ) for a second or subsequent offence, to a fine not exceeding $700,000 or to imprisonment for a term not exceeding 10 years or to both and, in the case of a continuing offence, to a further fine not exceeding $70,000 for every day or part of a day during which the offence continues after conviction. [Act 29 of 2024 wef 30/10/2024] (3) The court before which a person is convicted of an offence under this section, in addition to imposing on that person any other punishment, is to order the payment by that person of a sum which is equal to that person’s gross gaming revenue for the period that the offence was committed, and any such payment ordered is recoverable as a fine. (4) In this section, “gross gaming revenue” has the meaning given by section 146 as if the person who operated the casino had been a casino operator.


document_id: cca-2006
provision_ref: s44
chapter: PART 3 - LICENSING OF CASINOS
section: 44
title: Application for casino licence
content:
44. —(1) An application for a casino licence may be made to the Authority only by the owner of a designated site on which a casino is intended to be located or, with the approval of the Authority, by a person nominated by that owner. (2) Every application for a casino licence must be — ( a ) made to the Authority in a form specified by the Authority; ( b ) accompanied by the prescribed application fee; and ( c ) accompanied by such documents and information as may be required by the Authority as regards that licence. [36/2012] (3) If an application is refused under subsection (4) or withdrawn by the applicant, the Authority, in its discretion, may refund the whole or part of the application fee. (4) If a requirement under this section is not complied with, the Authority may refuse to consider the application.


document_id: cca-2006
provision_ref: s45
chapter: PART 3 - LICENSING OF CASINOS
section: 45
title: Matters to be considered in determining applications
content:
45. —(1) The Authority must not grant an application for a casino licence unless the Authority is satisfied that the applicant, and each associate of the applicant, is a suitable person to be concerned in or associated with the management and operation of a casino. (2) In particular, the Authority must consider whether — ( a ) each such person is of good repute, having regard to character, honesty and integrity; ( b ) each such person is of sound and stable financial background; ( c ) in the case of an applicant that is not a natural person, the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure; ( d ) the applicant has or is able to obtain financial resources that are adequate to ensure the financial viability of the proposed casino and the services of persons who have sufficient experience in the management and operation of a casino; ( e ) the applicant has sufficient business ability to establish and maintain a successful casino; ( f ) any of those persons has any business association with any person, body or association who or which, in the opinion of the Authority, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; ( g ) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Authority to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity; ( h ) any person proposed to be engaged or appointed to manage or operate the casino is a suitable person to act in that capacity; ( i ) the applicant is a suitable person to develop, maintain and promote the integrated resort (of which the casino is a part) as a compelling tourist destination which meets prevailing market demand and industry standards and contributes to the tourism industry in Singapore; and ( j ) any other matter that may be prescribed. [36/2012] (3) The Authority must, in determining the matter set out in subsection (2)( i ), have regard to the opinion of the evaluation panel under section 45A. [36/2012]


document_id: cca-2006
provision_ref: s45A
chapter: PART 3 - LICENSING OF CASINOS
section: 45A
title: Evaluation panel to form opinion on integrated resort
content:
45A. —(1) The Minister may appoint 3 or more persons to form an evaluation panel to evaluate the following, in relation to any integrated resort: ( a ) the visitor appeal of the integrated resort; ( b ) the comparability of the integrated resort or any part thereof to similar attractions or facilities internationally or to the prevailing industry standards in respect of each such attraction or facility; ( c ) the degree to which the integrated resort or any attraction or facility therein meets the prevailing market demand in respect of the integrated resort, attraction or facility; ( d ) the contribution of the integrated resort to the tourism industry in Singapore. [36/2012] (2) Each member of the evaluation panel is to be appointed on such conditions and for such term as the Minister may determine. [36/2012] (3) The Minister may appoint a secretary and such other officers as may be required to enable the evaluation panel to carry out its functions under this section. [36/2012] (4) In formulating its opinion on the matters in subsection (1) in relation to any integrated resort, the evaluation panel must call for and consider the views of the applicant for the casino licence and any party to the Development Agreement concerning that integrated resort and may also do all or any of the following: ( a ) request the applicant for the casino licence to furnish one or more of the following: (i) revenue and other financial information on the integrated resort, including such itemised information about each attraction in the integrated resort; (ii) the reinvestment plans or maintenance plans for any part of the integrated resort; (iii) any survey carried out about a performance indicator for any aspect of the integrated resort; (iv) such other documents or information relating to the integrated resort as the evaluation panel may consider necessary; ( b ) enter any part of the integrated resort and inspect it; ( c ) call for and consider the views of persons with the necessary experience or expertise; ( d ) assess the quality of the integrated resort, or any part thereof, against such performance indicators and standards, and using such methodology, as may be prescribed. [36/2012] (5) The evaluation panel must, upon the conclusion of its evaluation — ( a ) give the Authority its opinion on the matters in subsection (1); and ( b ) state, in its opinion, when the next evaluation should be carried out. [36/2012] (6) Nothing in this section shall prejudice the enforcement of any right or claim by or against any party to a Development Agreement arising out of an opinion of the evaluation panel under subsection (5). [36/2012] (7) The Minister may make regulations generally for the carrying out of or giving effect to the purposes of this section, and may prescribe anything required or permitted to be prescribed under this section. [36/2012] (8) In this section, “Minister” means the Minister charged with the responsibility for tourism development and promotion. [36/2012]


document_id: cca-2006
provision_ref: s46
chapter: PART 3 - LICENSING OF CASINOS
section: 46
title: Investigation of application
content:
46. —(1) On receiving an application for a casino licence, the Authority must cause to be carried out all such investigations and inquiries as it considers necessary to enable it to consider the application properly. (2) [ Deleted by Act 29 of 2024 wef 30/10/2024 ] (3) The Commissioner of Police or any police officer authorised by the Commissioner must inquire into and report to the Authority on such matters concerning the application as the Authority requests. (4) [ Deleted by Act 29 of 2024 wef 30/10/2024 ]


document_id: cca-2006
provision_ref: s47
chapter: PART 3 - LICENSING OF CASINOS
section: 47
title: Authority may require further information, etc.
content:
47. —(1) The Authority may, by written notice, require a person who is an applicant for a casino licence or a person whose association with the applicant is, in the opinion of the Authority, relevant to the application to do any one or more of the following: ( a ) to provide, in accordance with directions in the notice, any information, that is relevant to the investigation of the application and is specified in the notice; ( b ) to produce, in accordance with directions in the notice, any records relevant to the investigation of the application that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them; ( c ) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph ( a ) or ( b ); ( d ) to furnish to the Authority any authorisations and consents that the Authority directs for the purpose of enabling the Authority to obtain information (including financial and other confidential information) concerning the person and the person’s associates or relations from other persons. [36/2012] (2) If a requirement made under this section is not complied with, the Authority may refuse to consider the application concerned.


document_id: cca-2006
provision_ref: s48
chapter: PART 3 - LICENSING OF CASINOS
section: 48
title: Updating of application
content:
48. —(1) If a change occurs in the information provided in or in connection with an application for a casino licence (including in any documents lodged with the application) before the application is granted or refused, the applicant must, without delay, give the Authority written particulars of the change. (2) If — ( a ) the Authority requires information (including information in any records) from a person referred to in section 47 whose association with the applicant is in the opinion of the Authority relevant to the application; and ( b ) a change occurs in that information before the application is granted or refused, that person must, without delay, give the Authority written particulars of the change. (3) Any person who fails to comply with subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence continues after conviction. (4) When particulars of the change are given, those particulars are then considered to have formed part of the original application, for the purposes of the application of subsection (1) or (2) to any further change in the information provided.


document_id: cca-2006
provision_ref: s49
chapter: PART 3 - LICENSING OF CASINOS
section: 49
title: Grant or refusal of casino licence
content:
49. —(1) The Authority must determine an application for a casino licence by either granting or refusing the application and must notify the applicant in writing of its decision. (2) A casino licence may be granted subject to such conditions as the Authority thinks fit. (3) Without limiting the matters to which conditions may relate, the conditions of a casino licence may relate to any matter for which provision is made by this Act but must not be inconsistent with a provision of this Act. (4) If an application is granted, the casino licence is granted for the term, subject to the conditions and for the location specified in the licence.


document_id: cca-2006
provision_ref: s49A
chapter: PART 3 - LICENSING OF CASINOS
section: 49A
title: Casino licence fee
content:
49A. —(1) A casino operator must pay to the Authority a casino licence fee of such amount, at such times and in such manner as may be prescribed. [36/2012] (1A) The casino licence fee prescribed may include any costs of the Council (including any secretary or officer appointed under section 155(2)) in connection with the performance of the Council’s functions under Part 10 as they relate to casinos and casino gambling. [Act 29 of 2024 wef 30/10/2024] (2) Any increase in the casino licence fee during the term of a casino licence must be paid in respect of the remainder of the term for which the casino licence is valid, at the rate prescribed. [36/2012] (3) Despite section 52, the casino licence lapses if any part of the casino licence fee payable is not paid within the time prescribed for the payment thereof. [36/2012]


document_id: cca-2006
provision_ref: s49B
chapter: PART 3 - LICENSING OF CASINOS
section: 49B
title: Renewal of casino licence
content:
49B. —(1) An application for the renewal of a casino licence must be — ( a ) made to the Authority in the form specified by the Authority not later than 6 months before the date of expiry of the casino licence; ( b ) accompanied by the prescribed application for renewal fee; and ( c ) accompanied by such documents and information as may be required by the Authority as regards that licence. [36/2012] (2) If an application to renew a casino licence is submitted to the Authority less than 6 months before the date of expiry of the casino licence, the application must, in addition to the renewal fee, be accompanied by the prescribed late application fee. [36/2012] (3) Sections 44 to 49 apply, with the necessary modifications and subject to this section, to an application and an applicant for the renewal of a casino licence as they do to an application and an applicant for the grant of a casino licence. [36/2012] (4) In the application of section 48 to a casino operator in respect of the renewal of its casino licence — ( a ) a reference in section 48(2) to a person whose association with the applicant is in the opinion of the Authority relevant to the application, is to be read as a reference to a person whose association with the casino operator is in the opinion of the Authority relevant to the application for renewal; and ( b ) a casino operator who fails to comply with section 48(1) as it applies under this section shall not be guilty of an offence under section 48(3) but shall instead be liable to disciplinary action. [Act 29 of 2024 wef 30/10/2024]


document_id: cca-2006
provision_ref: s50
chapter: PART 3 - LICENSING OF CASINOS
section: 50
title: Amendment of conditions
content:
50. —(1) The conditions of a casino licence may be amended in accordance with this section. (2) An amendment may be proposed — ( a ) by the casino operator by requesting the Authority in writing to make the amendment; or ( b ) by the Authority by giving written notice of the proposed amendment to the casino operator. (3) The Authority must allow the casino operator such period as it may specify to make submissions to the Authority concerning any proposed amendment (whether proposed by the Authority or the casino operator) and must consider the submissions made. (4) The Authority must then decide whether to make the proposed amendment, either with or without changes from that originally proposed, and must notify the casino operator of its decision. (5) Any amendment that the Authority decides upon takes effect when notice of the decision is given to the casino operator or on any later date that may be specified in the notice. (6) In this section, “amendment” includes the variation or revocation of any condition or the addition of a new condition. [36/2012]


document_id: cca-2006
provision_ref: s51
chapter: PART 3 - LICENSING OF CASINOS
section: 51
title: Authority to define casino premises
content:
51. —(1) The boundaries of any casino premises, as at the time when a casino licence is granted, are to be defined by the casino licence within the designated site for which the casino licence is granted. (2) The Authority may, from time to time, redefine the boundaries of the casino premises, within the designated site for which the casino licence is granted, as the Authority thinks fit and may do so of its own motion or on the application of the casino operator. (3) An application for the redefining of the boundaries of the casino premises must be accompanied by the prescribed fee. (4) The defining or redefining of the boundaries of casino premises takes effect when the Authority gives written notice of it to the casino operator concerned or any later date specified in the notice.


document_id: cca-2006
provision_ref: s52
chapter: PART 3 - LICENSING OF CASINOS
section: 52
title: Duration of casino licence
content:
52. A casino licence remains in force for the period for which it is granted, as specified in the licence, unless it is sooner cancelled or surrendered under this Act.


document_id: cca-2006
provision_ref: s53
chapter: PART 3 - LICENSING OF CASINOS
section: 53
title: Transfer, mortgage, etc., of casino licence
content:
53. —(1) A casino licence is not transferable except with the prior approval in writing of the Authority. (2) A casino operator must not mortgage, charge or otherwise encumber the casino licence except with the prior approval in writing of the Authority.


document_id: cca-2006
provision_ref: s54
chapter: PART 3 - LICENSING OF CASINOS
section: 54
title: Disciplinary action against casino operator
content:
54. —(1) In this section — “disciplinary action”, in relation to a casino operator, means one or more of the following: ( a ) the cancellation or suspension of a casino licence; ( b ) the issuing of a letter of censure; ( c ) the variation of the terms of a casino licence; ( d ) the imposition of a financial penalty for each ground of disciplinary action — (i) in respect of a serious breach, of a sum not exceeding 10% of the annual gross gaming revenue (as defined in section 146(6)) of the casino operator for the financial year immediately preceding the date the financial penalty is imposed, as ascertained from the casino operator’s latest audited accounts; or (ii) in respect of any other ground of disciplinary action, of a sum not exceeding $1 million; “grounds for disciplinary action”, in relation to a casino operator, means any of the following grounds: ( a ) that the casino licence was improperly obtained in that, at the time the casino licence was granted or renewed, there were grounds for refusing it; ( b ) that the casino operator, a person in charge of the casino, an agent of the casino operator or a casino employee has contravened a provision of this Act or a condition of the casino licence; ( c ) that the casino premises are, for specified reasons, no longer suitable for the conduct of casino operations; ( d ) the casino operator is, for specified reasons, in the opinion of the Authority no longer a suitable person to hold the casino licence having regard to the matters in section 45; [Act 29 of 2024 wef 30/10/2024] ( e ) the casino operator has failed to comply with a direction under subsection (6) of section 63 within the time referred to in that subsection to terminate an association with an associate; [S 40/2022] ( f ) the casino operator has failed to provide information that it is required by this Act to provide or has provided information knowing it to be false or misleading or reckless as to whether it is so; “serious breach”, in relation to a casino operator, means a contravention of a provision of this Act or a condition of the casino licence by the casino operator, a person in charge of the casino, an agent of the casino operator or a casino employee which, in the opinion of the Authority — ( a ) severely affects the integrity of the casino operations or the integrity of gaming in the casino or severely undermines a measure intended to safeguard individuals or society against harm from casino gambling; ( b ) has caused or could cause significant gain of property to a person not legally entitled to it or significant loss of property to a person legally entitled to it; ( c ) has occurred as a result of wilful intent or reckless disregard for regulatory compliance; ( d ) has arisen from or in connection with a systemic failure or multiple failures in the management or operation of the casino; or ( e ) is injurious to the public interest or public order. [36/2012] (2) The Authority may serve on a casino operator a written notice giving the casino operator an opportunity to show cause within 14 days, or such longer period as the Authority may allow on application by the casino operator, why disciplinary action should not be taken on grounds for disciplinary action specified in the notice. [36/2012] (3) The casino operator may, within the period allowed under subsection (2), arrange with the Authority for the making of submissions to the Authority as to why disciplinary action should not be taken and the Authority must consider any submissions so made. [36/2012] (4) The Authority may then take such disciplinary action against the casino operator as the Authority sees fit by giving written notice to the casino operator of the disciplinary action that the Authority intends to take. (5) The cancellation, suspension or variation of a casino licence under this section takes effect when the notice under subsection (4) is given or on a later date specified in the notice. (6) A letter of censure may censure the casino operator in respect of any matter connected with the operation of the casino and may include a direction to the casino operator to rectify within a specified time any matter giving rise to the letter of censure. (6A) A written notice of suspension of a casino licence may include a direction to the casino operator to rectify within a specified time any matter giving rise to the suspension. [Act 29 of 2024 wef 30/10/2024] (7) If any direction given under subsection (6) or (6A) is not complied within the specified time, the Authority may, by giving written notice to the casino operator, cancel, suspend or vary the terms of the casino licence or impose a financial penalty not exceeding the appropriate sum in paragraph ( d ) of the definition of “disciplinary action” in subsection (1) without giving the casino operator a further opportunity to be heard. [36/2012] [Act 29 of 2024 wef 30/10/2024] (8) Except to the extent required by a direction given to the casino operator under subsection (6A), if a casino operator operates a casino during the suspension of the casino licence, the Authority may, by written notice, impose a financial penalty not exceeding the appropriate sum in paragraph ( d ) of the definition of “disciplinary action” in subsection (1) on the casino operator for every day or part of a day that the casino operations continue while the casino licence is suspended, without giving the casino operator a further opportunity to be heard. [36/2012] [Act 29 of 2024 wef 30/10/2024] (9) A member of the Authority who has participated in the consideration of disciplinary action against a casino operator is not prevented by that reason alone from considering whether further disciplinary action should be taken against that casino operator. (10) Any error in, revision to or adjustment of a casino operator’s gross gaming revenue ascertained from its latest audited accounts does not affect the validity of any financial penalty imposed by the Authority under this section. [36/2012] (11) Any proceedings started under this section against a casino operator may continue, and the Authority may take disciplinary action mentioned in paragraph ( b ) or ( d ) of the definition of “disciplinary action” in subsection (1) against the former casino operator under subsection (4), despite the cancellation, surrender or expiry of the casino operator’s licence. [Act 29 of 2024 wef 30/10/2024]


document_id: cca-2006
provision_ref: s55
chapter: PART 3 - LICENSING OF CASINOS
section: 55
title: Surrender of casino licence
content:
55. —(1) A casino operator may surrender the casino licence by giving written notice to the Authority. (2) The surrender takes effect only if the Authority consents to the surrender.


document_id: cca-2006
provision_ref: s56
chapter: PART 3 - LICENSING OF CASINOS
section: 56
title: Appointment of manager if casino licence cancelled, surrendered or suspended
content:
56. —(1) If a casino licence is cancelled, surrendered or suspended, the Authority may, with the approval of the Minister, appoint a manager of the casino for the purposes of this section. (2) In appointing a person to be a manager, the Authority must have regard to the suitability of the person. (3) A manager is appointed on such terms and conditions as the Authority thinks fit. (4) The appointment of a manager of a casino may be terminated at any time by the Authority and is terminated by the grant of another casino licence in respect of the casino. (5) If the appointment of the manager is terminated, the manager ceases to be deemed to be the holder of a casino licence. (6) A manager — ( a ) is deemed to be the holder of a casino licence on the same terms as those on which the casino operator held the licence before its cancellation, suspension or surrender, subject to such modifications as the Authority determines; ( b ) assumes full control of and responsibility for the business of the casino operator in respect of the casino and may retain for use in the casino any property of the casino operator; ( c ) must conduct, or cause to be conducted, casino operations in accordance with this Act; ( d ) has, in connection with the conduct of those operations, all the functions of the casino operator; and ( e ) may employ such staff as may be required to operate the casino. (7) Regulations made under this Act may make provision for or with respect to the appointment and functions of a manager appointed under this section. (8) The following provisions have effect in respect of the net earnings of a casino while operations in the casino are being conducted by a manager under this section: ( a ) subject to paragraph ( b ), no payment of net earnings is to be made to the former casino operator without the prior approval of the Authority; ( b ) the former casino operator is entitled to a fair rate of return out of net earnings (if any) on any property of the former casino operator retained by the manager; ( c ) the Authority may direct that all or any part of net earnings (other than that referred to in paragraph ( b )) must be paid to the Authority, with any balance to be paid to the former casino operator.


document_id: cca-2006
provision_ref: s57
chapter: PART 4 - SUPERVISION AND CONTROL OF
section: 57
title: Directions to casino operator
content:
57. —(1) The Authority may give to a casino operator a written direction that relates to the conduct, supervision or control of casino operations, whether within the casino premises or elsewhere, and the casino operator must comply with the direction as soon as it takes effect. [36/2012] (2) The direction takes effect when the direction is given to the casino operator or on a later date specified in the direction. (3) The power conferred by this section includes a power to give a direction to a casino operator to adopt, vary, cease or refrain from any practice in respect of the conduct of casino operations, whether within the casino premises or elsewhere. [36/2012] (4) A direction under this section must not be inconsistent with this Act or the conditions of the casino licence. (5) Any casino operator who fails to comply with a direction under this section shall be liable to disciplinary action. (6) Where a casino operator has been subject to disciplinary action under subsection (5) (called in this section the first disciplinary action) and continues to fail to comply with the direction of the Authority, such failure constitutes a fresh ground of disciplinary action for every day or part of a day that the failure continues after the first disciplinary action.


document_id: cca-2006
provision_ref: s58
chapter: PART 4 - SUPERVISION AND CONTROL OF
section: 58
title: General investigations
content:
58. —(1) The Authority may investigate a casino from time to time and at any time that the Authority thinks it desirable to do so and, if it is directed to do so by the Minister, must investigate the casino. (2) The investigation may include (but is not limited to) an investigation of all or any of the following matters: ( a ) the casino and operations in the casino; ( b ) the casino operator or a person who, in the opinion of the Authority, is an associate of the casino operator; ( c ) any person who, in the opinion of the Authority, could affect the exercise of functions in or in relation to the casino; ( d ) any person who, in the opinion of the Authority, could be in a position to exercise direct or indirect control over the casino operator, or an associate of the casino operator, in relation to functions in or in relation to the casino; ( e ) any person, body or association having a business association with the casino operator or with an associate of the casino operator. [36/2012] (3) The Authority may make a report to the Minister on the results of such an investigation if it thinks it desirable to do so and must make such a report if the investigation was made at the direction of the Minister.


document_id: cca-2006
provision_ref: s59
chapter: PART 4 - SUPERVISION AND CONTROL OF
section: 59
title: Regular investigations of casino operator’s suitability, etc.
content:
59. The Authority must, at such intervals as it may determine, investigate whether or not — ( a ) the casino operator is a suitable person to continue to hold the casino licence, having regard to the matters in section 45; and [Act 29 of 2024 wef 30/10/2024] ( b ) the casino licence should continue in force, and must take whatever action the Authority considers appropriate in the light of its findings.


document_id: cca-2006
provision_ref: s60
chapter: PART 4 - SUPERVISION AND CONTROL OF
section: 60
title: Casino operator to provide information
content:
60. —(1) The Authority may, by written notice, require a casino operator or a person who was a casino operator or a person who, in the opinion of the Authority, is or was directly or indirectly associated with the casino operator — ( a ) to provide the Authority or an authorised person, in accordance with directions in the notice, with such information relevant to the casino operator or that association or to the casino, or with such information as the Authority requires, as is specified in the notice; ( b ) to produce to the Authority or an authorised person, in accordance with the directions in the notice, such records relevant to the casino operator or that association or to the casino, or to matters specified by the Authority, as are specified in the notice and to permit examination of those records, the taking of extracts from them and the making of copies of them; or ( c ) to attend before the Authority or an authorised person for examination in relation to any matters relevant to the casino operator or that association or to the casino, or to matters specified by the Authority, and to answer questions relating to those matters. (2) If records are produced under this section, the Authority or authorised person to whom they are produced may retain possession of the records for such period as may reasonably be necessary for investigations to be carried out. (3) At any reasonable time during the period for which records are retained, the Authority or authorised person must permit inspection of the records by a person who would be entitled to inspect them if they were not in the possession of the Authority or an authorised person. (4) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person. (5) Any casino operator who fails to comply with a requirement of a notice under this section shall be liable to disciplinary action. (6) Any person (other than a casino operator) who fails to comply with a requirement of a notice under this section 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. [Act 29 of 2024 wef 30/10/2024] 61. [ Repealed by Act 29 of 2024 wef 30/10/2024 ]


document_id: cca-2006
provision_ref: s62
chapter: PART 4 - SUPERVISION AND CONTROL OF
section: 62
title: Change in situation of associate
content:
62. —(1) Where a change of a kind specified by the Authority in writing given to an associate of a casino operator takes place in the situation existing in relation to the associate of the casino operator, the associate must notify the Authority in writing of the change within 14 days after it takes place or such longer period as the Authority may allow in any particular case. [Act 29 of 2024 wef 30/10/2024] (2) Any associate of a casino operator who 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 and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction.


document_id: cca-2006
provision_ref: s63
chapter: PART 4 - SUPERVISION AND CONTROL OF
section: 63
title: Ongoing monitoring of associates and others
content:
63. —(1) The Authority may, from time to time, investigate — ( a ) an associate, or a person likely to become an associate, of a casino operator; or ( b ) any person, body or association having a business association with a person referred to in paragraph ( a ). (2) [ Deleted by Act 29 of 2024 wef 30/10/2024 ] (3) If the Authority, having regard to the relevant matters referred to in section 45(2), determines that an associate is unsuitable to be concerned in or associated with the business of the casino operator, the Authority may, by written notice, require the associate to terminate the association with the casino operator. [36/2012] (4) If the Authority determines that an associate of a casino operator has engaged or is engaging in conduct that, in the Authority’s opinion, is unacceptable for a person who is concerned in or associated with the ownership, management or operation of the business of the casino operator, the Authority may — ( a ) issue a written warning to the associate that the conduct is unacceptable; or ( b ) give written notice to the associate requiring the associate to give a written undertaking to the Authority, within the period specified in the notice, regarding the future conduct of the associate. (5) If the associate fails to give an undertaking required under subsection (4)( b ) or breaches an undertaking given under that subsection, the Authority may give the associate written notice requiring the associate to terminate, within 14 days or a longer period agreed with the Authority, the association with the casino operator. (6) If the association is not terminated within 14 days from the date of the notice referred to in subsection (3) or (5) or any longer period agreed with the Authority, the Authority may, by notice in writing, direct the casino operator to take all reasonable steps to terminate the association and the casino operator shall comply with the direction within 14 days or any longer period agreed with the Authority. [S 40/2022] (7) The Authority may — ( a ) require an associate or a person likely to become an associate to consent to having his or her photograph, finger prints and palm prints taken; and ( b ) send a copy of such photograph, finger prints and palm prints and any supporting documents to the Commissioner of Police. (8) The Commissioner of Police or any police officer authorised by the Commissioner must inquire into and report to the Authority on such matters concerning the associate or person likely to become an associate as the Authority requests. [30/2008] (9) Any casino operator who fails to comply with subsection (6) shall be liable to disciplinary action. [Act 29 of 2024 wef 30/10/2024] Division 2 &#x2014; Controlled shareholdings


document_id: cca-2006
provision_ref: s64
chapter: PART 4 - SUPERVISION AND CONTROL OF
section: 64
title: Application and interpretation of this Division
content:
64. —(1) This Division applies to, and in relation to, all individuals whether resident in Singapore or not and whether citizens of Singapore or not, and to all bodies corporate or unincorporate, whether incorporated or carrying on business in Singapore or not. (2) In this Division, unless the context otherwise requires — “arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied; [ Deleted by Act 29 of 2024 wef 30/10/2024 ] “relevant date”, in relation to a casino operator, means the date on which a casino licence granted to that casino operator first commences, whether before, on or after 31 January 2013; [Act 29 of 2024 wef 30/10/2024] “substantial shareholder” has the meaning given by section 81 of the Companies Act 1967. [36/2012] (3) In this Division, a person, A , is an associate of another person, B , if — ( a ) A is a spouse, a parent, remoter lineal ancestor or step‑parent, a son, daughter, remoter issue, stepson or stepdaughter or a brother or sister of B ; ( b ) A is a corporation the directors of which 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 ; ( c ) 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 ; [Act 29 of 2024 wef 30/10/2024] ( d ) A is a subsidiary of B ; [Act 29 of 2024 wef 30/10/2024] ( e ) A is a corporation in which B , alone or together with other associates of B as described in paragraph ( b ), ( c ) or ( d ), is in a position to control not less than 20% of the votes in A ; or [Act 29 of 2024 wef 30/10/2024] ( f ) 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 or other interests in, or with respect to the exercise of their votes in relation to, the casino operator. [Act 29 of 2024 wef 30/10/2024] ( g ) [ Deleted by Act 29 of 2024 wef 30/10/2024 ] ( h ) [ Deleted by Act 29 of 2024 wef 30/10/2024 ] ( i ) [ Deleted by Act 29 of 2024 wef 30/10/2024 ] [36/2012] (4) For the purposes of this Division, a person has an interest in any share if — ( a ) the person is deemed to have an interest in that share under section 7 of the Companies Act 1967; or ( b ) the person otherwise has a legal or an equitable interest in that share except for such interest as is to be disregarded under section 7 of the Companies Act 1967.


document_id: cca-2006
provision_ref: s65
chapter: PART 4 - SUPERVISION AND CONTROL OF
section: 65
title: Control of substantial shareholdings in casino operator
content:
65. —(1) A person must not, on or after the relevant date in relation to a casino operator — ( a ) become a substantial shareholder of that casino operator; or [Act 29 of 2024 wef 30/10/2024] ( b ) enter into any agreement or arrangement, whether oral or in writing and whether express or implied, to act together with any other person with respect to the acquisition, holding or disposal of, or the exercise of rights in relation to, their interests in voting shares of an aggregate of 5% or more of the total votes attached to all voting shares in that casino operator, without first obtaining the approval of the Authority. [36/2012] [Act 29 of 2024 wef 30/10/2024] (2) Subject to section 67(4), a person who — ( a ) immediately before the relevant date in relation to a casino operator, is a substantial shareholder of that casino operator must not continue to be such a shareholder unless the person has, within 6 months after the relevant date or such longer period as the Authority may allow, applied to the Authority for approval to continue to be such a shareholder; or [Act 29 of 2024 wef 30/10/2024] ( b ) at any time before the relevant date, has entered into any agreement or arrangement referred to in subsection (1)( b ) must not continue to be a party to such an agreement or arrangement unless the person has, within 6 months after the relevant date or such longer period as the Authority may allow, applied to the Authority for approval to continue to be a party to such an agreement or arrangement. [36/2012] [Act 29 of 2024 wef 30/10/2024]


document_id: cca-2006
provision_ref: s66
chapter: PART 4 - SUPERVISION AND CONTROL OF
section: 66
title: Control of shareholdings and voting power in casino operator
content:
66. —(1) A person must not, on or after the relevant date in relation to a casino operator, become — ( a ) a 12% controller; ( b ) a 20% controller; or ( c ) an indirect controller, of that casino operator without first obtaining the approval of the Authority. [36/2012] [Act 29 of 2024 wef 30/10/2024] (2) Subject to section 67(4), a person who, immediately before the relevant date in relation to a casino operator, is — ( a ) a 12% controller; ( b ) a 20% controller; or ( c ) an indirect controller, of that casino operator must not continue to be such a controller unless the person has, within 6 months after the relevant date or such longer period as the Authority may allow, applied to the Authority for approval to continue to be such a controller. [36/2012] [Act 29 of 2024 wef 30/10/2024] (3) In subsections (1) and (2) — “12% controller” means a person who, alone or together with the person’s associates — ( a ) holds or has interests in 12% or more but less than 20% of the total number of issued shares in a casino operator; or [Act 29 of 2024 wef 30/10/2024] ( b ) is in a position to control voting power of 12% or more but less than 20% in a casino operator; [Act 29 of 2024 wef 30/10/2024] “20% controller” means a person who, alone or together with the person’s associates — ( a ) holds or has interests in 20% or more of the total number of issued shares in a casino operator; or [Act 29 of 2024 wef 30/10/2024] ( b ) is in a position to control voting power of 20% or more in a casino operator; [Act 29 of 2024 wef 30/10/2024] “indirect controller” means any person, whether acting alone or together with any other person, and whether with or without holding shares or controlling voting power in a casino operator, who is, in the opinion of the Authority, a person — ( a ) in accordance with whose directions, instructions or wishes the directors of the casino operator are accustomed or under an obligation, whether formal or informal, to act; or [Act 29 of 2024 wef 30/10/2024] ( b ) who is in a position to determine the policy of the casino operator, but does not include any person in accordance with whose directions, instructions or wishes the directors of the casino operator are accustomed to act by reason only that they act on advice given by that person in his or her professional capacity. [36/2012] [Act 29 of 2024 wef 30/10/2024] (4) For the purposes of subsection (3), a reference to the control of a percentage of the voting power in a casino operator is a reference to the control, whether direct or indirect, of that percentage of the total number of votes that might be cast in a general meeting of the casino operator. [36/2012] [Act 29 of 2024 wef 30/10/2024]


document_id: cca-2006
provision_ref: s67
chapter: PART 4 - SUPERVISION AND CONTROL OF
section: 67
title: Approval of applications
content:
67. —(1) The Authority may approve an application made by any person under section 65 or 66 if the Authority is satisfied that — ( a ) the person is a suitable person to be concerned in or associated with the management and operation of a casino; ( b ) having regard to the person’s likely influence, the casino operator will or will continue to conduct its business prudently and comply with the provisions of this Act; and [Act 29 of 2024 wef 30/10/2024] ( c ) it is in the public interest to do so. [36/2012] [Act 29 of 2024 wef 30/10/2024] (2) Any approval under this section may be granted to any person subject to such conditions as the Authority may determine, including but not limited to any condition — ( a ) restricting the person’s disposal or further acquisition of shares or voting power in the casino operator; [Act 29 of 2024 wef 30/10/2024] ( b ) restricting the person’s exercise of voting power in the casino operator; or [36/2012] [Act 29 of 2024 wef 30/10/2024] ( c ) requiring the person to carry out the acquisition of shares, interests in shares or voting power within a specified time. [Act 29 of 2024 wef 30/10/2024] (2A) The Authority may at any time add to, vary or revoke any condition imposed under subsection (2). [Act 29 of 2024 wef 30/10/2024] (3) Any condition imposed under subsection (2) has effect despite any of the provisions of the Companies Act 1967 or anything contained in the memorandum or articles of association of the casino operator. [36/2012] [Act 29 of 2024 wef 30/10/2024] (4) Where the Authority disapproves an application made by any person under section 65(2) or 66(2), the person must, within such time as the Authority may specify, take such steps as are necessary — ( a ) in the case of section 65(2), to cease to be a substantial shareholder or a party to the agreement or arrangement, as the case may be; ( b ) in the case of section 66(2), to cease to be — (i) a 12% controller; (ii) a 20% controller; or (iii) an indirect controller, as the case may be. [Act 29 of 2024 wef 30/10/2024] (5) Where the Authority proposes to add to, vary or revoke under subsection (2A) any condition imposed under subsection (2) (including any condition imposed before the date of commencement of section 16 of the Casino Control (Amendment) Act 2024 under subsection (2) as in force before that date), the Authority must — ( a ) give written notice of the proposed addition, variation or revocation to the person subject to the conditions (called the affected person); ( b ) allow the affected person a specified period to make submissions to the Authority concerning the proposed addition, variation or revocation; ( c ) consider the submissions made, if any; and ( d ) notify the affected person of its decision. [Act 29 of 2024 wef 30/10/2024]


document_id: cca-2006
provision_ref: s68
chapter: PART 4 - SUPERVISION AND CONTROL OF
section: 68
title: Power to exempt
content:
68. The Authority may, by order in the Gazette , exempt — ( a ) any person or class of persons; or ( b ) any class or description of shares or interests in shares, from section 65 or 66, subject to such terms and conditions as may be specified in the order. [Act 29 of 2024 wef 30/10/2024]


document_id: cca-2006
provision_ref: s69
chapter: PART 4 - SUPERVISION AND CONTROL OF
section: 69
title: Objection to existing control of casino operator
content:
69. —(1) The Authority may serve a written notice of objection on any person referred to in section 65 or 66 if the Authority is satisfied that — ( a ) any condition of approval imposed on the person under section 67(2) has not been complied with; ( b ) the person has ceased to be a suitable person to be concerned in or associated with the management and operation of a casino; ( c ) having regard to the person’s likely influence, the casino operator is no longer likely to conduct its business prudently or to comply with the provisions of this Act; ( d ) it is no longer in the public interest to allow the person to continue to be a party to the agreement or arrangement described in section 65(1)( b ) or (2)( b ), or to continue to be a substantial shareholder, a 12% controller, a 20% controller or an indirect controller, as the case may be; ( e ) the person has furnished false or misleading information or documents in connection with an application under section 65 or 66; or ( f ) the Authority would not have granted the Authority’s approval under section 67 had the Authority been aware, at that time, of circumstances relevant to the person’s application for such approval. [Act 29 of 2024 wef 30/10/2024] (2) Before the service of a written notice of objection, the Authority must, unless the Authority decides that it is not practicable or desirable to do so, cause to be given to the person concerned written notice of its intention to serve the written notice of objection, specifying a date by which the person may make written representations with regard to the proposed written notice of objection. [Act 29 of 2024 wef 30/10/2024] (3) Upon receipt of any written representations, the Authority must consider them for the purpose of determining whether to issue a written notice of objection. [Act 29 of 2024 wef 30/10/2024] (4) The Authority must, in any written notice of objection, specify a reasonable period within which the person to be served the written notice of objection must — ( a ) take such steps as are necessary to ensure that the person ceases to be a party to the agreement or arrangement described in section 65(1)( b ) or (2)( b ), or ceases to be a substantial shareholder, a 12% controller, a 20% controller or an indirect controller as defined in section 66(3), as the case may be; or ( b ) comply with such direction or directions as the Authority may make under section 70. [Act 29 of 2024 wef 30/10/2024] (5) Any person served with a notice of objection under this section must comply with the notice.


document_id: cca-2006
provision_ref: s70
chapter: PART 4 - SUPERVISION AND CONTROL OF
section: 70
title: Power to make directions
content:
70. —(1) Without prejudice to section 71, if the Authority is satisfied that any person has contravened section 65, 66, 67(4) or 69(5) or has failed to comply with any condition imposed under section 67(2), or if the Authority has served a written notice of objection under section 69, the Authority may, by written notice — ( a ) direct the transfer or disposal of all or any of the shares in the casino operator held by the person or any of the person’s associates (called in this section the specified shares) within such time or subject to such conditions as the Authority considers appropriate; [Act 29 of 2024 wef 30/10/2024] ( b ) restrict the transfer or disposal of the specified shares; or ( c ) make any other direction that the Authority considers appropriate. [Act 29 of 2024 wef 30/10/2024] (2) Any person to whom a notice is given under subsection (1) must comply with such direction or directions as may be specified in the notice. (3) In the case of any direction made under subsection (1)( a ) or ( b ), until a transfer or disposal is effected in accordance with the direction or until the restriction on the transfer or disposal is removed (as the case may be), despite any of the provisions of the Companies Act 1967 or anything contained in the memorandum or articles of association of the casino operator — ( a ) no voting rights are exercisable in respect of the specified shares unless the Authority expressly permits such rights to be exercised; [Act 29 of 2024 wef 30/10/2024] ( b ) no shares of the casino operator may 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 [Act 29 of 2024 wef 30/10/2024] ( c ) except in a liquidation of the casino operator, no payment may be made by the casino operator of any amount (whether by way of dividends or otherwise) in respect of the specified shares unless the Authority expressly permits such payment. [Act 29 of 2024 wef 30/10/2024]


document_id: cca-2006
provision_ref: s71
chapter: PART 4 - SUPERVISION AND CONTROL OF
section: 71
title: Offences, penalties and defences
content:
71. —(1) Any person who contravenes section 65, 66(1)( a ) or (2)( a ) or 67(4)( a ) or ( b )(i) 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 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. (2) Any person who contravenes section 66(1)( b ) or ( c ), (2)( b ) or ( c ), 67(4)( b )(ii) or (iii), 69(5) or 70(2), or who fails to comply with any condition imposed under section 67(2), 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. (3) Where a person is charged with an offence in respect of a contravention of section 65 or 66, it is a defence for the person to prove that — ( a ) the person was not aware that the person had contravened section 65 or 66, as the case may be; and ( b ) the person has, within 14 days of becoming aware that the person had contravened section 65 or 66 (as the case may be), notified the Authority of the contravention and, within such time as may be determined by the Authority, taken such actions in relation to the person’s shareholding or control of the voting power in the casino operator as the Authority may direct. [Act 29 of 2024 wef 30/10/2024] (4) Where a person is charged with an offence in respect of a contravention of section 66(1), it is also a defence for the person to prove that, even though the person was aware of the contravention — ( a ) the contravention occurred as a result of an increase in the shareholding of, or in the voting power controlled by, any of the person’s associates; ( b ) the person has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of shares or other interests in, or under which they act together in exercising their voting power in relation to the casino operator; and ( c ) the person has, within 14 days of the date of the contravention, notified the Authority of the contravention and, within such time as may be determined by the Authority, taken such action in relation to the person’s shareholding or control of the voting power in the casino operator as the Authority may direct. [Act 29 of 2024 wef 30/10/2024] (5) Except as provided in subsections (3) and (4), it is not a defence for a person charged with an offence in respect of a contravention of section 65 or 66 to prove that the person did not intend to or did not knowingly contravene section 65 or 66, as the case may be. Division 3 &#x2014; Contracts


document_id: cca-2006
provision_ref: s72
chapter: PART 4 - SUPERVISION AND CONTROL OF
section: 72
title: Application and interpretation of this Division
content:
72. —(1) In this Division — “contract” includes any kind of agreement or arrangement; “controlled contract”, in relation to a casino operator, means — ( a ) a contract that relates wholly or partly to the supply of goods or services for the operations of the casino or to any other matter that is prescribed as a controlled matter for the purposes of this definition; ( b ) a contract above a prescribed value; or ( c ) any class of contract prescribed as a controlled contract for the purposes of this definition, but does not include a contract that relates solely to — ( d ) the construction of the casino premises; ( e ) any other class of matter prescribed as not being controlled matter for the purposes of this definition; ( f ) a class of contract of a kind approved under subsection (2); or ( g ) any other class of contract prescribed as not being a controlled contract for the purposes of this definition; “notifiable contract” means a contract of a class or type prescribed as a notifiable contract for the purposes of this Division but does not include a controlled contract; “supply of goods or services” includes the supply of intangible goods, assets and intellectual property rights. [36/2012] (2) The Authority may, by written notice given to the casino operator, approve an agreement or arrangement with a specified person for the supply of specified goods or services as an agreement or arrangement that is not a contract to which this Division applies. (3) The Authority may, by written notice given to the casino operator, exempt the casino operator from any of the requirements or provisions of this Division that are specified in the notice. [36/2012] (4) The notice under subsection (3) may specify that it applies to contracts generally or to the classes of contracts specified in the notice.


document_id: cca-2006
provision_ref: s73
chapter: PART 4 - SUPERVISION AND CONTROL OF
section: 73
title: Requirements for controlled contracts
content:
73. —(1) A casino operator must not enter into or be a party to, or to the variation of, a contract that is a controlled contract in relation to that casino operator unless — ( a ) the casino operator has given written notice to the Authority of the details of the proposed contract or variation at least 28 days (or such shorter period as the Authority may allow in any particular case) before entering into or becoming a party to it, and the Authority has notified the casino operator that it has no objections to the proposed contract or variation; or ( b ) the casino operator reports the entering into or variation of the contract in such other form and manner as the Authority has required by prior written notice given to the casino operator in lieu of the obligation in paragraph ( a ). [36/2012] (2) If the Authority notifies the casino operator that it requires further time to conduct its investigations, the casino operator must not enter into the contract until the Authority notifies the casino operator that it has no objections to the proposed contract or variation. [36/2012] (3) If the Authority notifies the casino operator that it objects to the proposed contract, the casino operator must not enter into the contract. (4) The Authority may object to a proposed contract if, having regard to the circumstances, including the suitability of each party to the contract, it considers that the contract will affect the credibility, integrity and stability of casino operations. (5) Any casino operator who contravenes subsection (1), (2) or (3) shall be liable to disciplinary action.


document_id: cca-2006
provision_ref: s74
chapter: PART 4 - SUPERVISION AND CONTROL OF
section: 74
title: Notifiable contracts
content:
74. —(1) A casino operator which enters into or becomes a party to, or to the variation of, a contract that is a notifiable contract in relation to that casino operator must — ( a ) within 14 days after entering into the notifiable contract or the variation (as the case may be) give written notice to the Authority of that fact and brief particulars of the contract or variation, in such form and manner as may be prescribed; or ( b ) report the entering into or variation of the contract in such other form and manner as the Authority has required by prior written notice given to the casino operator in lieu of the obligation in paragraph ( a ). [36/2012] (2) Any casino operator which contravenes subsection (1) shall be liable to disciplinary action. [36/2012]


document_id: cca-2006
provision_ref: s75
chapter: PART 4 - SUPERVISION AND CONTROL OF
section: 75
title: Parties to contract to provide information
content:
75. The Authority may, by written notice, require any party to a controlled contract or a notifiable contract to provide such information as the Authority may require, and section 60 applies to that party in the same manner as section 60 applies to a casino operator. [36/2012]


document_id: cca-2006
provision_ref: s76
chapter: PART 4 - SUPERVISION AND CONTROL OF
section: 76
title: Notice to show cause why controlled contract or notifiable contract should not be terminated
content:
76. —(1) The Authority may serve on each party to a controlled contract or a notifiable contract a written notice affording the party an opportunity to show cause within 14 days, or such longer period as the Authority may allow on application by any party to the contract, why the contract should not be terminated on the ground that, for reasons specified in the notice, the continuance of the contract affects the credibility, integrity and stability of casino operations. [36/2012] (2) The Authority may, in the event of any immediate threat to the credibility, integrity and stability of casino operations, by a written notice served on each party, direct that further performance of any controlled contract or notifiable contract (whether entered into before, on or after 31 January 2013) must be suspended from the date the notice is served until a determination is made by the Authority as to whether the contract should be terminated. [36/2012] (3) The person may, within the period specified in the notice in subsection (1), arrange with the Authority for the making of submissions as to why the contract should not be terminated. (4) After considering any submissions so made, the Authority may, by written notice served on each party to the contract, require the contract to be terminated within a time specified in the notice. (5) If the contract is not terminated as required by the notice under subsection (4), it is deemed to be terminated by this Act upon expiry of the period specified in the notice. (6) No compensation is payable by the Authority in respect of any contract which is suspended under subsection (2), whether or not such contract is terminated under this section. [36/2012]


document_id: cca-2006
provision_ref: s77
chapter: PART 4 - SUPERVISION AND CONTROL OF
section: 77
title: Effect of suspension or termination of contract
content:
77. If a contract is suspended, terminated or deemed to be terminated in accordance with section 76 — ( a ) the suspension or termination does not affect a right acquired, or a liability incurred, before that suspension or termination by a person who was a party to the contract; ( b ) no liability for breach of contract is incurred by a person who was a party to the contract by reason only of that suspension or termination; and ( c ) the Authority does not incur any liability by reason of that suspension or termination. [36/2012]


document_id: cca-2006
provision_ref: s78
chapter: PART 4 - SUPERVISION AND CONTROL OF
section: 78
title: No effect to be given to suspended or terminated contract
content:
78. —(1) A party to a contract suspended, terminated or deemed to be terminated in accordance with section 76 must not give any effect to any part of the contract during the period of suspension or upon the termination of the contract, as the case may be. [36/2012] (2) Any casino operator who contravenes subsection (1) shall be liable to disciplinary action. (3) Any person (other than a casino operator) who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $15,000 for every day or part of a day during which the offence continues after conviction.


document_id: cca-2006
provision_ref: s80
chapter: PART 5 - SPECIAL EMPLOYEES
section: 80
title: Special employees to be licensed
content:
80. —(1) A person must not exercise in or in relation to a casino any of the functions of a special employee except in accordance with the authority conferred on the person by a special employee licence. (2) Every licensee must exercise the functions specified in the licensee’s special employee licence in accordance with the provisions of this Act and the conditions of the special employee licence. (3) A casino operator must not — ( a ) employ or use the services of a person to perform any function of a special employee in or in relation to a casino; or ( b ) allocate or permit or suffer to be allocated to a person the exercise of any function of a special employee in or in relation to the casino, unless the person is authorised by a special employee licence to exercise the function concerned. (4) Any person (not being a licensee) who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction. [Act 29 of 2024 wef 30/10/2024] (4A) A licensee who contravenes subsection (1) or (2) shall be liable to disciplinary action under section 93. [Act 29 of 2024 wef 30/10/2024] (5) Any casino operator who contravenes subsection (3) shall be liable to disciplinary action.


document_id: cca-2006
provision_ref: s81
chapter: PART 5 - SPECIAL EMPLOYEES
section: 81
title: Application for special employee licence
content:
81. —(1) An application for a special employee licence must be in a form approved by the Authority, must be lodged with the Authority and must be accompanied by — ( a ) the prescribed fee; and [Act 29 of 2024 wef 30/10/2024] ( b ) such documents as may be specified in the application form and such other document as may be required by the Authority. [Act 29 of 2024 wef 30/10/2024] ( c ) [ Deleted by Act 29 of 2024 wef 30/10/2024 ] (2) [ Deleted by Act 29 of 2024 wef 30/10/2024 ] (3) The Commissioner of Police or any police officer authorised by the Commissioner must inquire into and report to the Authority on such matters concerning the application for a special employee licence as the Authority requests. [30/2008] (4) An application for a special employee licence may not be made by a person who is below the prescribed age or is a person within a class of persons prescribed as being ineligible to apply for a special employee licence. (5) If a requirement under this section is not complied with, the Authority may refuse to consider the application concerned.


document_id: cca-2006
provision_ref: s82
chapter: PART 5 - SPECIAL EMPLOYEES
section: 82
title: Direction to apply for special employee licence
content:
82. —(1) For the purposes of this section, a person has a special relationship with a casino if, in the opinion of the Authority — ( a ) the person is associated with the casino operator or is a casino employee, and has the power to exercise a significant influence over or with respect to operations in the casino; or ( b ) the person is associated with the casino operator or is a casino employee, and the person, by reason of his or her remuneration or authority in relation to the operations in the casino, should be licensed as a special employee. (2) The Authority may by written notice given to a person who has a special relationship with a casino — ( a ) direct that the association or employment that constitutes the special relationship is to be regarded as the exercise by the person of the functions of a special employee; and ( b ) require the person to apply for the appropriate special employee licence within a specified period of at least 7 days. (3) The association or employment specified in the notice is, for the purposes of this Part, to be regarded as the exercise by the person of the functions of a special employee as soon as — ( a ) the period allowed by the direction for the making of an application for the appropriate special employee licence expires with no application having been made; or ( b ) if the application is made within that period, the application is determined. (4) If this section results in a person who has a special relationship with a casino contravening section 80 — ( a ) the Authority must notify that person and the casino operator of that fact; and ( b ) the person and the casino operator are each guilty of contravening that section if the association or employment that constitutes the contravention is not terminated within 24 hours, or such longer period as the Authority may allow, after that notice is given. (5) The termination of an association or employment in accordance with this section may be effected despite any other Act or any law, award or industrial or other agreement and the Authority does not incur any liability because of such a termination.


document_id: cca-2006
provision_ref: s83
chapter: PART 5 - SPECIAL EMPLOYEES
section: 83
title: Updating of application for special employee licence
content:
83. —(1) If a change occurs in the information provided in or in connection with an application for a special employee licence (including in any documents lodged with the application) before the application is granted or refused, the applicant must, without delay, give the Authority written particulars of the change in the form approved by the Authority. (2) When particulars of the change are given, those particulars are then to be considered to have formed part of the original application, for the purposes of the operation of subsection (1) in relation to any further change in the information provided. (3) Any person who 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 and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction.


document_id: cca-2006
provision_ref: s84
chapter: PART 5 - SPECIAL EMPLOYEES
section: 84
title: Authority may require further information
content:
84. —(1) The Authority may, by written notice, require a person who is an applicant for a special employee licence or who, in the opinion of the Authority has some association or connection with the applicant that is relevant to the application, to do any one or more of the following: ( a ) to provide, in accordance with directions in the notice, such information as is relevant to the investigation of the application and is specified in the notice; ( b ) to produce, in accordance with directions in the notice, such records relevant to investigation of the application as are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them; ( c ) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph ( a ) or ( b ); ( d ) to furnish to the Authority such authorisations and consents as the Authority directs for the purpose of enabling the Authority to obtain information (including financial and other confidential information) concerning the person and the person’s associates or relations from other persons. [36/2012] (2) If a requirement made under this section is not complied with, the Authority may refuse to consider the application concerned.


document_id: cca-2006
provision_ref: s85
chapter: PART 5 - SPECIAL EMPLOYEES
section: 85
title: Investigation and determination of application
content:
85. —(1) The Authority must investigate and consider each application for a special employee licence, taking into account any submissions made by the applicant within the time allowed, and must make an assessment of — ( a ) the integrity, responsibility, personal background and financial stability of the applicant; ( b ) the general reputation of the applicant having regard to character, honesty and integrity; ( c ) the suitability of the applicant to perform the type of work proposed to be performed by the applicant as a licensee; and ( d ) any other matter relevant to the application. (2) The Authority must determine the application by either issuing a special employee licence to the applicant or refusing the application and must notify the applicant in writing accordingly. (3) The Authority is not required to give reasons for the decision but may give reasons if it thinks fit. (4) The licensee must pay to the Authority a special employee licence fee of such amount, at such times and in such manner as may be prescribed.


document_id: cca-2006
provision_ref: s86
chapter: PART 5 - SPECIAL EMPLOYEES
section: 86
title: Conditions of special employee licence
content:
86. —(1) A special employee licence is subject to any condition imposed by the Authority and notified to the licensee on the issue of the special employee licence or during its currency. (2) A condition of a special employee licence may be varied or revoked by the Authority whether or not an application is made to the Authority by the licensee.


document_id: cca-2006
provision_ref: s87
chapter: PART 5 - SPECIAL EMPLOYEES
section: 87
title: Identification
content:
87. —(1) Subject to subsection (2), a special employee must at all times while on duty in the casino wear identification of a kind approved by the Authority in such manner as to be visible to other persons within the casino premises. (2) The Authority may exempt a person or class of persons from the requirements of subsection (1).


document_id: cca-2006
provision_ref: s88
chapter: PART 5 - SPECIAL EMPLOYEES
section: 88
title: Provisional licences
content:
88. —(1) The Authority may, pending a decision on an application for a licence, grant the applicant a provisional licence. (2) A provisional licence is subject to any conditions or restrictions of which the provisional licensee is notified by the Authority when issuing the licence. (3) A provisional licence may be cancelled by the Authority at any time and, unless sooner surrendered or cancelled, ceases to have effect on the approval or refusal of the provisional licensee’s application for a licence. (4) This Part applies to a provisional licence in the same way as it applies to a licence to the extent that it is consistent with this section.


document_id: cca-2006
provision_ref: s89
chapter: PART 5 - SPECIAL EMPLOYEES
section: 89
title: Duration of special employee licence
content:
89. A special employee licence remains in force until whichever of the following happens first: ( a ) the special employee licence is cancelled; ( b ) the licensee, by written notice, surrenders the special employee licence to the Authority; ( c ) the expiry of such period as is specified in the special employee licence.


document_id: cca-2006
provision_ref: s90
chapter: PART 5 - SPECIAL EMPLOYEES
section: 90
title: Renewal of special employee licence
content:
90. —(1) A licensee may apply to the Authority for a new special employee licence, in which case the current special employee licence continues in force until the new licence is issued or its issue is refused. (2) An application for a new special employee licence must be made in a form approved by the Authority and must be accompanied by the prescribed fee. (3) This Part (except provisions relating to the form of an application or the issue of a provisional licence) applies to and in relation to — ( a ) an application under this section for a new special employee licence; ( b ) the determination of such an application; and ( c ) any special employee licence issued as a result of such an application, as if the application has been made by a person other than a licensee.


document_id: cca-2006
provision_ref: s91
chapter: PART 5 - SPECIAL EMPLOYEES
section: 91
title: Variation of special employee licence
content:
91. —(1) An application may be made to the Authority by the licensee, accompanied by the prescribed fee, for variation of a special employee licence. (2) Except in relation to the fee to accompany the application, this Part applies in relation to such an application in the same way as it applies to an application for a special employee licence. (3) If the application is approved, the Authority may vary the special employee licence to which the application relates (or issue a new special employee licence specifying the varied authority).


document_id: cca-2006
provision_ref: s92
chapter: PART 5 - SPECIAL EMPLOYEES
section: 92
title: Loss, etc., of special employee licence
content:
92. If the Authority is satisfied that a special employee licence has been lost, destroyed or damaged, the Authority may, on payment of the prescribed fee, issue a replacement special employee licence.


document_id: cca-2006
provision_ref: s93
chapter: PART 5 - SPECIAL EMPLOYEES
section: 93
title: Cancellation, etc., of special employee licence
content:
93. —(1) In this section — “disciplinary action”, in relation to a licensee, means one or more of the following: ( a ) the service of a written notice on the licensee censuring the licensee for any action specified in the notice; ( b ) variation of the special employee licence; ( c ) suspension of the special employee licence for a specified period; ( d ) cancellation of the special employee licence; ( e ) cancellation of the special employee licence and disqualification from obtaining or applying for a special employee licence under this Part for a specified period; ( f ) the imposition of a financial penalty not exceeding $10,000 for each ground of disciplinary action; “grounds for disciplinary action” means any of the following grounds in respect of a special employee licence: ( a ) that the special employee licence was improperly obtained in that, when it was granted, there were grounds for refusing it; ( b ) that the licensee has been convicted or found guilty of — (i) an offence under this Act; (ii) an offence arising out of or in connection with the employment of the licensee under this Act; or (iii) whether in Singapore or elsewhere, an offence involving dishonesty or moral turpitude; ( c ) that the licensee has contravened a provision of this Act or a condition of his or her special employee licence; ( d ) that the licensee has failed to provide information that he or she is required by this Act to provide or has provided information knowing it to be false or misleading or reckless as to whether it is so; ( e ) that the licensee has become bankrupt, applied to take the benefit of any law relating to bankrupt or insolvent debtors, has compounded with his or her creditors or made an assignment of his or her remuneration for their benefit; ( f ) that for any reason, the licensee is, in the opinion of the Authority, no longer a suitable person to hold a special employee licence, having regard to the matters in section 85(1). [30/2008; 36/2012] (2) The Authority may inquire into whether there are grounds for disciplinary action against a licensee. (3) If the Authority decides that disciplinary action be taken against the licensee, the Authority must give the licensee notice of the recommendation and at least 14 days to make submissions to the Authority on the matter. (4) The Authority must consider any submissions made by the licensee within the time allowed and must decide whether to take disciplinary action against the licensee. (5) If the Authority decides that there are grounds for disciplinary action against a licensee, the Authority may take the disciplinary action by giving written notice of the disciplinary action to the licensee. (6) The disciplinary action takes effect when the notice under subsection (5) is given or on a later date specified in the notice. (7) Any proceedings started under this section against a licensed special employee may continue, and the Authority may take disciplinary action mentioned in paragraph ( a ) or ( f ) of the definition of “disciplinary action” in subsection (1) against the special employee under subsection (5), despite the special employee’s licence ceasing to be valid (whether as a result of cancellation, surrender, expiry or otherwise). [Act 29 of 2024 wef 30/10/2024]


document_id: cca-2006
provision_ref: s93A
chapter: PART 5 - SPECIAL EMPLOYEES
section: 93A
title: Suspension of licence pending disciplinary action
content:
93A. —(1) In any case where — ( a ) it appears to be necessary to the Authority to prevent any threat to the security of the public or of casino operations; ( b ) the Authority has been informed that a licensee is under investigation for, or has been charged with — (i) an offence under this Act; (ii) an offence arising out of or in connection with the employment of the licensee under this Act; or (iii) an offence involving dishonesty or moral turpitude, whether in Singapore or elsewhere; or ( c ) disciplinary proceedings under section 93 have been or will be commenced against a licensee, the Authority may suspend the licensee concerned, pending the conclusion of any inquiry or disciplinary proceedings against the licensee under section 93, if the Authority thinks it necessary in the public interest that the licensee should immediately cease the licensee’s functions in relation to any casino. [36/2012] (2) Any licensee who is aggrieved by any suspension under subsection (1) may, within 10 days after he or she is suspended, make representations in writing to the Authority and the Authority may, upon such representations, confirm, shorten or cancel the suspension. [36/2012] (3) The suspension under subsection (1) takes effect notwithstanding that any representation under subsection (2) is made. [36/2012]


document_id: cca-2006
provision_ref: s94
chapter: PART 5 - SPECIAL EMPLOYEES
section: 94
title: Effect, etc., of suspension
content:
94. —(1) During any period of suspension of a special employee licence, the licensee is deemed not to be the holder of a special employee licence. (2) Without prejudice to section 93A(2), the Authority may, at any time, terminate or reduce a period of suspension of a special employee licence. [36/2012]


document_id: cca-2006
provision_ref: s95
chapter: PART 5 - SPECIAL EMPLOYEES
section: 95
title: Return of special employee licence on suspension or cancellation
content:
95. —(1) If a special employee licence is suspended or cancelled, the licensee must return the licence to the Authority immediately after the suspension or cancellation. (2) Any person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 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.


document_id: cca-2006
provision_ref: s96
chapter: PART 5 - SPECIAL EMPLOYEES
section: 96
title: Termination of employment on cancellation of special employee licence
content:
96. —(1) If a casino operator receives written notice from the Authority that a special employee licence has been cancelled under section 93 or has otherwise ceased to be in force, the casino operator must, within 24 hours after receiving the notice — ( a ) in the case of an associate of the casino operator, terminate the association that constitutes the exercise of the functions of a special employee; or ( b ) in the case of an employee, terminate the employment that constitutes the exercise of the functions of a special employee or cause it to be terminated. (2) A termination of employment in accordance with this section may be effected despite any other Act or any law, award or industrial or other agreement and the Authority does not incur any liability because of such a termination. (3) Any casino operator who fails to comply with subsection (1) shall be liable to disciplinary action.


document_id: cca-2006
provision_ref: s97
chapter: PART 5 - SPECIAL EMPLOYEES
section: 97
title: Casino operator to provide information relating to employees
content:
97. —(1) A casino operator — ( a ) within 7 days (or such other period as the Authority may, on the application of the casino operator, allow in any particular case) after a licensed special employee commences to have functions in or in relation to the casino, must notify the Authority, in a form approved by the Authority, of the commencement of the exercise of those functions; ( b ) not less than once each year, on a date specified by the Authority, must submit to the Authority, in a form approved by the Authority, a list of the licensed special employees having functions in or in relation to the casino; ( c ) not later than 7 days (or such other period as the Authority may, on the application of the casino operator, allow in any particular case) after a licensed special employee ceases to have functions in or in relation to the casino, must notify the Authority, in a form approved by the Authority, of the cessation of the exercise of those functions; and ( d ) when requested by the Authority to do so, must submit to the Authority a list of non-licensed employees in or in relation to the casino. [36/2012] (2) Any casino operator who fails to comply with subsection (1) shall be liable to disciplinary action.


document_id: cca-2006
provision_ref: s97A
chapter: PART 5 - SPECIAL EMPLOYEES
section: 97A
title: Special employees to provide information, etc., to Authority
content:
97A. —(1) The Authority may, by written notice, require a licensee to do all or any of the following: ( a ) provide, in accordance with directions in the notice, such information relevant to the holding of the special employee licence as is specified in the notice; ( b ) produce, in accordance with directions in the notice, such records relevant to the holding of the special employee licence as are specified in the notice and to permit examination of the records and the making of copies of the records; ( c ) furnish to the Authority such authorisations and consents as the Authority directs for the purpose of enabling the Authority to obtain information (including financial and other confidential information) concerning the licensee from other persons. [36/2012] (2) Any licensee who fails to comply with a notice under subsection (1) shall be liable to disciplinary action under section 93. [36/2012]


document_id: cca-2006
provision_ref: s98
chapter: PART 5 - SPECIAL EMPLOYEES
section: 98
title: Change in situation of licensee
content:
98. —(1) Where a change of a kind specified by the Authority in writing given to a licensee takes place in the situation existing in relation to the licensee, the licensee must notify the Authority in writing of the change within 14 days after it takes place. (2) Any licensee who fails to comply with subsection (1) shall be liable to disciplinary action under section 93.


document_id: cca-2006
provision_ref: s99
chapter: PART 6 - CASINO OPERATIONS
section: 99
title: Casino layout to comply with prescribed requirements
content:
99. —(1) A casino operator must, in relation to its casino — ( a ) ensure that the casino layout of the casino complies with such requirements as the Authority may prescribe; and ( b ) notify the Authority before making any changes to the casino layout. [36/2012] (2) Any casino operator which contravenes subsection (1) shall be liable to disciplinary action. [36/2012]


document_id: cca-2006
provision_ref: s100
chapter: PART 6 - CASINO OPERATIONS
section: 100
title: Approval of games and rules for games
content:
100. —(1) The Authority may — ( a ) by a written notice issued to a casino operator, approve the games that may be played in the casino of the casino operator, the mode of play and the rules for those games; and ( b ) publish the list of games, mode of play and rules for those games approved for the time being for each casino on the official website of the Authority. [36/2012] (2) The Authority may, under subsection (1), give approvals that differ according to differences in time, place or circumstances. (3) A casino operator must not permit a game to be conducted or played in a casino unless — ( a ) the game has been approved by the Authority under subsection (1); ( b ) the game is conducted or played in accordance with the mode of play and rules of the game approved by the Authority; and ( c ) the game is conducted or played on behalf of the casino operator by a licensed special employee. [36/2012] (4) A person must not conduct a game in a casino or permit a game conducted by the person to be played in a casino, unless — ( a ) the game has been approved by the Authority under subsection (1); and ( b ) the game is conducted or played in accordance with the mode of play and rules of the game approved by the Authority. [36/2012] (5) Any casino operator who contravenes subsection (3) shall be liable to disciplinary action. (6) Any person who contravenes subsection (4) shall be — ( a ) liable to disciplinary action, in the case of a licensed special employee; or ( b ) in any other case, guilty of an offence and liable on conviction — (i) for a first offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 7 years or to both; and (ii) for a second or subsequent offence, to a fine not exceeding $700,000 or to imprisonment for a term not exceeding 10 years or to both. [Act 29 of 2024 wef 30/10/2024] (7) It is a defence to disciplinary action or prosecution for a contravention of subsection (4) if the special employee or other person (as the case may be) establishes that the contravention was permitted by the casino operator. (8) This section does not apply to any game played on a gaming machine, unless it is an electronic table game of a type specified by the Authority in writing to the casino operator. [36/2012]


document_id: cca-2006
provision_ref: s101
chapter: PART 6 - CASINO OPERATIONS
section: 101
title: Directions as to games not to be played
content:
101. —(1) The Authority may give a written direction to a casino operator concerning the particular games that may not be played in the casino. (2) The Authority may amend any such direction by a further written direction to the casino operator. (3) Any casino operator which fails to comply with any direction for the time being in force under this section shall be liable to disciplinary action. [36/2012]


document_id: cca-2006
provision_ref: s102
chapter: PART 6 - CASINO OPERATIONS
section: 102
title: Approval of gaming equipment
content:
102. —(1) The Authority may investigate or authorise the investigation of gaming equipment for the purpose of determining whether the equipment is suitable to be approved for use in a casino and may require the cost of such an investigation to be paid by a person seeking the approval. (2) The Authority may approve gaming equipment for use in a casino and, for that purpose, may approve particular equipment or may approve equipment of a specified class or description and may make the approval subject to conditions. (3) Despite the provisions of any other law, the possession of gaming equipment is lawful if — ( a ) the possession is for the purposes of an investigation under this section; or ( b ) the equipment is identifiable in a manner approved by the Authority and is in a casino with the approval of the Authority or the circumstances of its possession are such as have been approved by the Authority generally or in a particular case.


document_id: cca-2006
provision_ref: s103
chapter: PART 6 - CASINO OPERATIONS
section: 103
title: Gaming machines in casinos
content:
103. —(1) A casino operator must not use, or allow to be used, any gaming machine in its casino unless — ( a ) the gaming machine has been obtained from an approved manufacturer or approved supplier approved by the Authority under section 103A; ( b ) the gaming machine is approved, or one of a class of gaming machines approved by the Authority, and complies with such technical standards and other requirements as may be prescribed; ( c ) where the gaming machines are required to be tested and certified, the testing has been carried out by an approved test service provider approved by the Authority under section 103A; and ( d ) the number of gaming machines available for gaming in the casino does not exceed such number as the Authority may determine. [36/2012] (2) Any casino operator which contravenes subsection (1) shall be liable to disciplinary action. [36/2012]


document_id: cca-2006
provision_ref: s103A
chapter: PART 6 - CASINO OPERATIONS
section: 103A
title:
Approved manufacturers and approved suppliers of gaming machines and approved test service providers for gaming equipment

content:
103A. —(1) Any person who intends to — ( a ) manufacture or supply any gaming machine for use in any casino; or ( b ) supply any testing services in relation to any gaming equipment, may apply, in accordance with subsection (2), to the Authority to be an approved manufacturer, approved supplier or approved test service provider, as the case may be. [36/2012] (2) An application to be — ( a ) an approved manufacturer of gaming machines; ( b ) an approved supplier of gaming machines; or ( c ) an approved test service provider for gaming equipment, must be made to the Authority in the form and manner prescribed, and accompanied by such fees and documents or other information as may be prescribed. [36/2012] (3) The Authority may, if it is satisfied that the applicant is suitable after carrying out such investigations as may be necessary, approve the applicant as an approved manufacturer, approved supplier or approved test service provider, subject to the payment of such fee as may be prescribed and such other conditions as the Authority may impose. [36/2012] (4) The Authority must maintain an Approved List of approved manufacturers, approved suppliers and approved test service providers, which it may publish on its official website from time to time. [36/2012]


document_id: cca-2006
provision_ref: s104
chapter: PART 6 - CASINO OPERATIONS
section: 104
title: Simulated gaming
content:
104. —(1) A casino operator may conduct gaming on a simulated basis only if all of the following conditions are satisfied: ( a ) the simulated gaming is for the purpose of training casino employees, testing gaming equipment or gaming procedures or demonstrating the conduct and playing of games; ( b ) the casino operator has notified the Authority in writing at least 7 days before the commencement of the simulated gaming; ( c ) no cash or chips are used in the course of the simulated gaming; ( d ) no winnings in money or money’s worth are kept by any person as a result of any game played in the course of the simulated gaming. [36/2012] (2) In a case where any of the conditions in subsection (1) cannot be satisfied at any simulated gaming to be conducted by a casino operator, the casino operator must not conduct that simulated gaming unless — ( a ) it has obtained the prior written approval of the Authority; and ( b ) the simulated gaming is conducted in accordance with such conditions as the Authority may impose in its approval. [36/2012] (3) Despite the provisions of any other law, the possession and use of gaming equipment as authorised by subsection (1) or (2) is lawful. [36/2012] (4) Any casino operator who contravenes subsection (2) shall be liable to disciplinary action. [36/2012] Division 2 &#x2014; Gaming measures


document_id: cca-2006
provision_ref: s105
chapter: PART 6 - CASINO OPERATIONS
section: 105
title: Linked jackpot arrangement unlawful without approval
content:
105. —(1) A person must not, without the approval of the Authority, install or cause to be installed any linked jackpot arrangement. (2) The Authority must not approve any linked jackpot arrangement — ( a ) between a casino in Singapore and any place outside Singapore; ( b ) between a casino in Singapore and any place permitted to operate a gaming machine under the Gambling Control Act 2022; or [Act 15 of 2022 wef 01/08/2022] ( c ) prohibited by regulations made under this Act. [7/2011] (3) Any person who contravenes subsection (1) shall be — ( a ) liable to disciplinary action, in the case of a casino operator or a licensed special employee; or ( b ) in any other case, guilty of an offence and liable on conviction — (i) for a first offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 7 years or to both; and (ii) for a second or subsequent offence, to a fine not exceeding $700,000 or to imprisonment for a term not exceeding 10 years or to both. [Act 29 of 2024 wef 30/10/2024]


document_id: cca-2006
provision_ref: s106
chapter: PART 6 - CASINO OPERATIONS
section: 106
title: Assistance to patrons
content:
106. —(1) A casino operator must — ( a ) display a notice in accordance with the directions of the Authority informing patrons where a copy of the rules for games under section 100 may be inspected; ( b ) display prominently in the casino — (i) the advice or information concerning those rules, the mode of payment of winning wagers and the payout odds of each winning wager; and (ii) such other advice or information to the player as the Authority directs; and ( c ) display prominently at each gaming table or location related to the playing of a game, a sign indicating the permissible minimum and maximum wagers pertaining to the game played there. [36/2012] (2) A casino operator must allow a patron to inspect a copy of the rules for games on request. [36/2012] (3) Any casino operator who fails to comply with subsection (1) or (2) shall be liable to disciplinary action.


document_id: cca-2006
provision_ref: s107
chapter: PART 6 - CASINO OPERATIONS
section: 107
title: Operation of security equipment, etc.
content:
107. —(1) A casino operator must ensure that all casino installations, equipment and procedures for security and safety purposes are used, operated and applied in accordance with the directions of the Authority. (2) Any casino operator who fails to comply with subsection (1) shall be liable to disciplinary action.


document_id: cca-2006
provision_ref: s108
chapter: PART 6 - CASINO OPERATIONS
section: 108
title: Credit, etc.
content:
108. —(1) Except to the extent that this section or regulations relating to credit allow, a casino operator, licensed international market agent, agent or employee of a licensed international market agent, agent of a casino operator or casino employee must not, in connection with any gaming in the casino — ( a ) accept a wager made otherwise than by means of money or chips; ( b ) lend money or any valuable thing; ( c ) provide money or chips as part of a transaction involving a credit card; or ( d ) extend any other form of credit. [36/2012] (2) A casino operator may establish for a person a deposit account to which is to be credited the amount of any deposit to the account comprising any one or more of the following: ( a ) money; ( b ) a cheque payable to the casino operator; ( c ) a traveller’s cheque; ( d ) chips. [36/2012] (3) The casino operator may issue to a person who establishes a deposit account and debit to the account chip purchase vouchers, cheques, chips or money, not exceeding in total value the amount standing to the credit of the account at the time of issue of the vouchers, cheques, chips or money. [36/2012] (4) The casino operator may, in exchange for a cheque payable to the casino operator or a traveller’s cheque, issue to a person chip purchase vouchers of a value equivalent to the amount of the cheque or traveller’s cheque. (5) A cheque accepted by the casino operator may, by agreement with the casino operator, be redeemed in exchange for the equivalent in value to the amount of the cheque of any one or more of the following: ( a ) money; ( b ) cheque payable to the casino operator; ( c ) chip purchase vouchers; ( d ) chips. (6) The casino operator — ( a ) must, within the time specified by the Authority by written notice given to the casino operator for the purposes of this subsection, deposit with an authorised bank a cheque accepted by the casino operator under this section; and ( b ) must not agree to the redemption of such a cheque for the purpose of avoiding compliance with paragraph ( a ). (7) Despite this section, a casino operator may provide chips on credit to a person — ( a ) who is neither a citizen of Singapore nor a permanent resident of Singapore; [Act 31 of 2023 wef 31/12/2024] ( b ) who is a premium player; or ( c ) who is a licensed international market agent for the performance of the person’s functions as an international market agent. [36/2012] (8) Despite this section, a licensed international market agent may provide chips on credit to a person who is neither a citizen of Singapore nor a permanent resident of Singapore. [36/2012] [Act 31 of 2023 wef 31/12/2024] (9) Where credit is provided under subsection (7) or (8), the casino operator or licensed international market agent providing the credit must do so in accordance with the prescribed requirements relating to credit. [36/2012] (10) Any — ( a ) casino operator which contravenes subsection (1), (6) or (9); ( b ) licensed special employee or licensed international market agent representative who contravenes subsection (1); or ( c ) licensed international market agent which or who contravenes subsection (1) or (9), shall be liable to disciplinary action. [36/2012] (11) Every casino operator is liable for every act, omission, neglect or default of any agent of the casino operator or casino employee under this section, as fully and effectually as if the act, omission, neglect or default were done or committed by the casino operator. [36/2012] (12) Every licensed international market agent is liable for every act, omission, neglect or default of any agent or employee of the licensed international market agent under this section, as fully and effectually as if the act, omission, neglect or default were done or committed by the licensed international market agent. [36/2012] (13) Nothing in subsection (11) or (12) affects any liability of the agent of the casino operator, casino employee or agent or employee of the licensed international market agent by the operation of any other law. [36/2012] (14) Any person who — ( a ) provides chips on credit to persons other than as permitted in subsection (7) or (8) is deemed to be a moneylender for the purposes of the Moneylenders Act 2008; and ( b ) lends money in accordance with this section is deemed not to be a moneylender for the purposes of the Moneylenders Act 2008. [36/2012] (15) In this section, “cheque” means a cheque (other than a traveller’s cheque) that — ( a ) is drawn on an account of any bank for a specific amount payable on demand; and ( b ) is dated but not post-dated. [36/2012]


document_id: cca-2006
provision_ref: s109
chapter: PART 6 - CASINO OPERATIONS
section: 109
title: Automatic teller machines prohibited within casino premises
content:
109. —(1) A casino operator must not provide or allow another person to provide any automatic teller machine within the boundaries of the casino premises. (2) Any casino operator who contravenes subsection (1) shall be liable to disciplinary action.


document_id: cca-2006
provision_ref: s110
chapter: PART 6 - CASINO OPERATIONS
section: 110
title: Prohibited casino marketing arrangements
content:
110. —(1) A person must not organise or conduct a casino marketing arrangement which involves the participation of any citizen of Singapore or permanent resident of Singapore. [36/2012] [Act 31 of 2023 wef 31/12/2024] (2) Any person who receives a commission or other payment from a casino operator or the person for the time being in charge of a casino, which commission or payment is solely or partly based on the turnover of play in the casino of any other person, or otherwise derived from the play of any other person, is presumed, until the contrary is proved, to be organising or conducting a casino marketing arrangement. [36/2012] (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be punished — ( a ) in the case of an individual — (i) for a first offence, with a fine of not less than $30,000 and not more than $300,000 and with imprisonment for a term not exceeding 5 years; and [Act 29 of 2024 wef 30/10/2024] (ii) for a second or subsequent offence, with a fine of not less than $30,000 and not more than $300,000 and with imprisonment for a term not exceeding 7 years; or ( b ) in any other case, with a fine of not less than $50,000 and not more than $500,000. [36/2012] (4) Any casino operator, licensed special employee, licensed international market agent or licensed international market agent representative which or who allows the organisation or conduct of, or is a party to, a casino marketing arrangement in contravention of subsection (1) shall be liable to disciplinary action. [36/2012]


document_id: cca-2006
provision_ref: s110A
chapter: PART 6 - CASINO OPERATIONS
section: 110A
title:
Persons required to be licensed as international market agent or international market agent representative

content:
110A. —(1) Subject to subsection (3), a person must not perform any of the functions of an international market agent unless that person holds a valid licence granted by the Authority to be an international market agent or an international market agent representative. [36/2012] (2) The functions of an international market agent are any of the following: ( a ) organising or conducting a casino marketing arrangement (other than a casino marketing arrangement prohibited under section 110(1)); ( b ) giving chips on credit to any patron participating in a casino marketing arrangement; ( c ) such other function related to a casino marketing arrangement as may be specified in the regulations made under section 110B. [36/2012] (3) Regulations made under section 110B may specify any persons or class of persons who are not required to be licensed as an international market agent or an international market agent representative. [36/2012] (4) If, in the opinion of the Authority –– ( a ) any person, by reason of the person’s remuneration or function in relation to any casino marketing arrangement, is performing a function of an international market agent or an international market agent representative; or ( b ) the commission or other payment received by any person forms part of a series of such commission or other payments that may reasonably be considered to have been arranged for the purpose of avoiding the requirement to be licensed as an international market agent or an international market agent representative, the Authority may, by a written notice given to the person, require that person to apply for the appropriate licence within the period specified in the notice. [36/2012] (5) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be punished — ( a ) in the case of an individual — (i) for a first offence, with a fine of not less than $30,000 and not more than $300,000 and with imprisonment for a term not exceeding 5 years; and [Act 29 of 2024 wef 30/10/2024] (ii) for a second or subsequent offence, with a fine of not less than $30,000 and not more than $300,000 and with imprisonment for a term not exceeding 7 years; or ( b ) in any other case, with a fine of not less than $50,000 and not more than $500,000. [36/2012] (6) Any casino operator which allows the organisation or conduct of, or is a party to, any casino marketing arrangement with an unlicensed international market agent shall be liable to disciplinary action. [36/2012] (7) The Authority may give a direction to a casino operator to cease any further business association with — ( a ) an unlicensed international market agent; or ( b ) a person who failed to comply with a notice requiring the person to apply for a licence under subsection (4), from such date as may be specified in the direction, and any casino operator which fails to comply with such direction shall be liable to disciplinary action. [36/2012]


document_id: cca-2006
provision_ref: s110B
chapter: PART 6 - CASINO OPERATIONS
section: 110B
title:
Supervision and control of international market agents and international market agent representatives

content:
110B. —(1) An application to be licensed as an international market agent or an international market agent representative must be made in the form and manner prescribed and must be accompanied by — ( a ) such fee as may be prescribed; and ( b ) such documents and information as may be prescribed. [36/2012] (2) The Authority may grant an international market agent licence or international market agent representative licence if, and only if, it is satisfied that the criteria specified in the regulations made under this section are met. [36/2012] (3) The Authority may give a written direction to a casino operator or a licensed international market agent, or to both, that relates to the organisation or conduct of a casino marketing arrangement, including a direction as to the maximum commission or other payment which may be paid by any casino operator to a licensed international market agent for organising or conducting the casino marketing arrangement. [36/2012] (4) Any casino operator or licensed international market agent which or who fails to comply with any direction under subsection (3) shall be liable to disciplinary action. [36/2012] (5) The Authority may, with the approval of the Minister, make regulations for or with respect to — ( a ) regulating or prohibiting the organisation and conduct of casino marketing arrangements; ( b ) the licensing of international market agents and international market agent representatives; ( c ) the obligations of licensed international market agents in relation to patrons participating in a casino marketing arrangement; and ( d ) the obligations of casino operators in relation to international market agents and patrons participating in a casino marketing arrangement. [36/2012] (6) Without limiting subsection (5), the regulations may — ( a ) impose restrictions on who may be eligible to organise or conduct a casino marketing arrangement; ( b ) prescribe the procedure for the application for any licence; ( c ) prescribe the fees to be charged; ( d ) require the international market agent or the casino operator concerned to give the Authority advance notice of a casino marketing arrangement and to furnish to the Authority detailed information concerning the conduct of and the arrangements for any casino marketing arrangement; ( e ) require any contract or other agreement that relates to the organisation or conduct of a casino marketing arrangement to be in a form, and to contain provisions, approved by the Authority; ( f ) require the international market agent or the casino operator concerned to give specified information concerning a casino marketing arrangement to patrons participating in the casino marketing arrangement; ( g ) require the international market agent or the casino operator concerned to give the Authority advance notice of, and such specified information as the Authority may require about, any casino marketing arrangement, including the patrons participating in the casino marketing arrangement; ( h ) require the international market agent to establish and implement a system of internal controls in accordance with prescribed requirements; ( i ) prescribe anti-money-laundering requirements; ( j ) regulate the conduct of licensed international market agents and licensed international market agent representatives and provide for disciplinary action against them, including a financial penalty not exceeding — (i) $400,000 against any licensed international market agent; and (ii) $10,000 against any licensed international market agent representative; and ( k ) provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 12 months or with both. [36/2012]


