Singapore legislation

Section 68B

of Gas Act 2001

Section 68B

Directions by Authority

Amended by43/201843/201843/201843/201843/201843/201843/2018

(1)

Where the Authority considers that there is an imminent or actual severe gas shortage situation, the Authority may, with the approval of the Minister, give to any person or persons such directions specified in subsection (2) as the Authority considers necessary.

Amended by43/2018

(2)

The directions for the purpose of subsection (1) are for the purpose of addressing or alleviating the severe gas shortage situation, or preventing the severe gas shortage situation from occurring or continuing, and may be issued at any one or more times before the severe gas shortage situation occurs or during the severe gas shortage situation.

Amended by43/2018

(3)

For the purposes of subsection (2), a direction may require any person to whom the direction is given to do or not to do any thing, including a direction to —

(a)

enter into or modify any agreement between the person directed and any other person;

(b)

terminate any agreement between the person directed and any other person;

(c)

give any consent or withhold the giving of any consent required under any agreement between the person directed and any other person; or

(d)

provide security for any compensation that the person directed may be liable to pay pursuant to section 68D.

Amended by43/2018

(4)

A direction under this section remains in force until revoked by the Authority.

Amended by43/2018

(5)

Any person to whom a direction is given under this section who fails to comply with the direction shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $1 million; and

(b)

in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction,and section 19 does not apply to the direction.

Amended by43/2018

(6)

Any person who does any act which the person knows or ought reasonably to know is or is likely to obstruct, hinder or otherwise prevent a person to whom a direction is given under this section from complying with the direction shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $1 million; and

(b)

in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction.

Amended by43/2018

(7)

No action, suit or other legal proceedings shall lie against any party to a contract or arrangement made before 3 May 2019, or in relation to, any breach of that contract or arrangement, where such breach is solely attributable to, or occasioned by, the compliance by that party with any direction of the Authority issued under this Part.

Amended by43/2018