Singapore legislation
Section 47
Section 47
Power to make special administration order, etc.
(1)
If, on an application made to the Minister by the Authority in relation to any specified telecommunication licensee, the Minister is satisfied that any one or more of the grounds specified in subsection (2) are satisfied in relation to that licensee, the Minister may make any one or more of the following orders:
a special administration order in relation to that licensee;
an order requiring the licensee immediately to take any action or to do or not to do any act or thing in relation to its business as the Minister may consider necessary;
an order appointing a person to advise that licensee in the proper conduct of its business.
(2)
The grounds mentioned in subsection (1) are that —
there has been, is or is likely to be a contravention by the specified telecommunication licensee of the conditions of its licence or of this Act which is serious enough to make it inappropriate for the licensee to continue to hold the licence;
the specified telecommunication licensee is or is likely to be unable to pay its debts;
the Minister considers it in the interest of the security and reliability of the supply of telecommunication services in Singapore; and
the Minister considers it to be in the public interest.
(3)
The Minister may make a special administration order in relation to a specified telecommunication licensee despite the commencement of —
any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the specified telecommunication licensee;
any proceedings relating to the making of a judicial management order under the Insolvency, Restructuring and Dissolution Act 2018 in relation to the specified telecommunication licensee;
any meeting convened under section 94(7) of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the specified telecommunication licensee; or
any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of the specified telecommunication licensee.
(4)
Notice of any application under subsection (1) must be given immediately by the Authority to such persons and in such manner as may be determined by the Authority.
(5)
Any decision of the Minister under subsection (1) is final.
(6)
For the purposes of this section, a specified telecommunication licensee, being a company, is unable to pay its debts if it is deemed to be unable to pay its debts under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018.
(7)
The Minister may at any time (whether or not the appointment of the person has terminated) fix the remuneration and expenses to be paid by a specified telecommunication licensee to any person appointed by the Minister under subsection (1)(c) to advise the licensee in the proper conduct of its business.
(8)
Where the Minister issues an order to a specified telecommunication licensee under subsection (1) and the licensee fails to comply with that order, the licensee shall be guilty of an offence.[32J