Singapore legislation

Section 162

Further reference of licence schemes to Tribunal

(1)

Where the Tribunal has made an order (other than an interim order) under section 160 or 161 with respect to a licence scheme, then, subject to subsection (2), at any time while the order remains in force —

(a)

the licensor operating the scheme;

(b)

any organisation claiming to be representative of persons requiring licences in cases included in the class of cases to which the order applies; or

(c)

any person claiming that he requires a licence in a case included in that class,may refer the scheme again to the Tribunal insofar as it relates to cases included in that class.

(2)

A licence scheme shall not, except with the leave of the Tribunal, be referred again to the Tribunal under subsection (1) at a time earlier than —

(a)

where the order concerned was made so as to be in force indefinitely or for a period exceeding 15 months — the expiration of the period of 12 months commencing on the date on which the order was made; or

(b)

where the order concerned was made so as to be in force for a period not exceeding 15 months — the commencement of the period of 3 months ending on the date of expiration of the order.

(3)

The parties to a reference under this section are —

(a)

the licensor, organisation or person referring the scheme;

(b)

if the reference is not made by the licensor operating the scheme — that licensor; and

(c)

such other organisations or persons (if any) as apply to the Tribunal to be made parties to the reference and, in accordance with the provisions applicable in that behalf by virtue of subsection (5), are made parties to the reference.

(4)

Subject to subsection (5), where a licence scheme is referred to the Tribunal under this section, the Tribunal shall consider the matter in dispute and, after giving to the parties to the reference an opportunity of presenting their cases, shall make such order in relation to the scheme as previously confirmed or varied, insofar as it relates to cases included in the class of cases to which the reference relates, whether by way of confirming, varying or further varying the scheme, as the Tribunal considers reasonable in the circumstances.

(5)

Section 161(3), (4) and (6) to (10) inclusive shall apply for the purposes of this section.

(6)

Subsections (1) to (5) shall have effect in relation to orders made under this section in like manner as they have effect in relation to orders made under section 160 or 161.

(7)

Nothing in this section shall prevent a licence scheme in respect of which an order has been made under section 160 or 161 from being again referred to the Tribunal under that section —

(a)

insofar as the scheme relates to cases included in a class of cases to which the order does not apply — at any time; and

(b)

insofar as the scheme relates to cases included in the class of cases to which the order applied while it was in force — after the expiration of the order.[Aust. 1968, s. 156]