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a reconsideration request and an appeal have been made in contravention of subsection (3), the appeal is deemed to be withdrawn.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of performance is made or has been made to the Minister by any other person,the appeal to the Minister is deemed to be withdrawn.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