Singapore legislation
Section 19A
Section 19A
Provisional orders for securing compliance
(1)
Subject to subsections (5) and (6), where it appears to the Authority that —
a licensee is contravening, or is likely to contravene, any condition of its licence; or
a licensee has failed to secure the compliance by its employees, agents or contractors with any condition of its licence,and that it is appropriate or requisite that a provisional order be made under this section, the Authority may, instead of taking any decision under section 19, by provisional order make such provision as appears to it requisite for securing compliance with that condition.
(2)
A provisional order —
must require the licensee to whom it relates (according to the circumstances of the case) to do, or not to do, the things that are specified, or are of a description specified, in the provisional order;
takes effect at the time, being the earliest practicable time, that is determined by or under the provisional order; and
may be revoked at any time by the Authority.
(3)
In determining whether it is appropriate or requisite that a provisional order be made, the Authority 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 any condition of a licence, is likely to be done, or omitted to be done, before a decision under section 19 may be made.
(4)
Subject to subsections (5), (6) and (7), the Authority must, by written notice, confirm a provisional order, with or without modifications, if —
the Authority is satisfied that the licensee to whom the order relates is contravening, or is likely to contravene any condition of its licence, or has failed to secure the compliance by its employees, agents or contractors with any condition of its licence; and
the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition.
(5)
The Authority must not make or confirm a provisional order in relation to a licensee if it is satisfied —
that the duties imposed on the Authority under this Act or the Land Transport Authority of Singapore Act 1995 preclude the making of such an order;
that the licensee has agreed to take, and is taking, all steps that appear to the Authority for the time being to be appropriate for the licensee to take for the purpose of securing or facilitating compliance with the condition in question; or
that the contraventions were, or the apprehended contraventions are, of a trivial nature.
(6)
Before the Authority makes or confirms a provisional order, the Authority must give notice to the licensee concerned —
stating that the Authority proposes to make or confirm the provisional order and setting out its effect;
setting out —
the relevant condition of the licence for the purpose of securing compliance with which the provisional order is to be made or confirmed;
the acts or omissions which, in the Authority’s opinion, constitute or would constitute contraventions of that condition; and
the other facts which, in the Authority’s opinion, justify the making or confirmation of the provisional order; and
specifying the period (being at least 28 days from the date of service of the notice) within which representations or objections with respect to the proposed provisional order or proposed confirmation may be made,and must consider any representations or objections which are duly made and not withdrawn.
(7)
The Authority must not confirm a provisional order with modifications except —
with the consent of the licensee to whom the provisional order relates; or
after —
serving on that licensee notice under subsection (6) of the proposal to confirm the provisional order with modifications and in that notice, specifying the period (being at least 28 days from the date of service of the notice) within which representations or objections with respect to the proposed modifications may be made; and
considering any representations or objections which are 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 the period (not exceeding 3 months) determined by or under the order.