Singapore legislation

Section 29

of Amusement Rides Safety Act 2011

Section 29

Lapsing, revocation and suspension of modification permit

(1)

A modification permit automatically lapses —

(a)

if the holder of the modification permit —

(i)

dies, is wound up or otherwise dissolved, whether in Singapore or elsewhere; or

(ii)

ceases to be the person carrying out the modification works or for whom the modification works are to be carried out, as the case may be;

(b)

if the qualified person appointed by the holder of the modification permit under section 24(2)(a)(ii) to supervise the modification works has vacated his or her appointment and the holder of the modification permit has failed to appoint a substitute qualified person to supervise the modification works and to notify the Commissioner of the substitute appointment in accordance with section 44(1)(b)(i) and (ii); or

(c)

in the event of such other occurrence or in such other circumstances as may be prescribed.

(2)

The Commissioner may revoke a modification permit if —

(a)

the modification works authorised by the modification permit, having commenced, are suspended for a continuous period of more than 3 months;

(b)

in the Commissioner’s opinion, the holder of the modification permit has contravened or is contravening, or the modification works authorised by the modification permit have been or are being carried out in a manner which contravenes —

(i)

any condition of the modification permit;

(ii)

any prescribed requirement; or

(iii)

any direction given by the Commissioner in respect of the modification works;

(c)

the Commissioner has reason to believe that the modification permit had been obtained by fraud or misrepresentation;

(d)

the Commissioner becomes aware of any circumstance that would have required or permitted him or her to refuse to issue the modification permit had the Commissioner been aware of the circumstance immediately before issuing the modification permit; or

(e)

the Commissioner considers it in the public interest to revoke the modification permit.

(3)

The Commissioner may, if he or she considers it desirable to do so —

(a)

suspend a modification permit for a specific period instead of revoking it under subsection (2); and

(b)

at any time extend or rescind the suspension.

(4)

Subject to subsection (5), the Commissioner must not revoke or suspend a modification permit under subsection (2) or (3) without giving the holder of the modification permit an opportunity to be heard in accordance with the prescribed procedure.

(5)

The Commissioner may revoke or suspend a modification permit without giving the holder of the modification permit an opportunity to be heard if —

(a)

the holder of the modification permit —

(i)

has been declared bankrupt or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; or

(ii)

is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere;

(b)

a receiver, a receiver and manager or an equivalent person has been appointed, whether in Singapore or elsewhere, in relation to or in respect of any property of the holder of the modification permit; or

(c)

the holder of the modification permit has been convicted —

(i)

of an offence under this Act; or

(ii)

whether in Singapore or elsewhere, of an offence involving fraud or dishonesty or the conviction for which involved a finding that the holder of the modification permit had acted fraudulently or dishonestly.