Singapore legislation
Section 66
Section 66
Authority’s directions
(1)
The Authority may give directions to a regulated person, a designated media licensee, or the owner or controller of an essential resource, with respect to any provision of this Part or any provision of a code of practice that applies to that person, licensee, owner or controller.
(2)
Where the Authority is satisfied that a regulated person, a designated media licensee, or the owner or controller of an essential resource, is infringing, likely to infringe or has infringed any provision of this Part, or any provision of any code of practice, that applies to that person, licensee, owner or controller, the Authority’s directions under subsection (1) may include one or more of the following:
requiring that person, licensee, owner or controller to comply with that provision or cease infringing that provision;
specifying any procedure or action to be observed or taken by that person, licensee, owner or controller;
imposing any restriction on the activities of that person, licensee, owner or controller;
requiring that person, licensee, owner or controller to modify or terminate any agreement, decision or concerted practice;
requiring that person, licensee, owner or controller to modify or cease any conduct.
(3)
Where the Authority is satisfied that a regulated person, a designated media licensee, or the owner or controller of an essential resource, has infringed any provision of this Part, or any provision of a code of practice, that applies to that person, licensee, owner or controller, the Authority may, in addition to or instead of a direction described in subsection (2), require that person, licensee, owner or controller to pay a financial penalty of an amount not exceeding the higher of the following amounts:
10% of the annual turnover of that part of the business of that person, licensee, owner or controller in respect of which the infringement occurred, as ascertained from the latest audited accounts of that person, licensee, owner or controller;
$1 million.
(4)
Before giving a direction to, or imposing a financial penalty on, a regulated person, a designated media licensee, or the owner or controller of an essential resource, under this section, the Authority must, unless the Authority considers that it is not practicable or desirable to do so in any particular case, give notice to that person, licensee, owner or controller of —
the Authority’s intention to give the direction (including its effect) or impose the financial penalty; and
the time within which written representations may be made to the Authority with respect to the proposed direction or financial penalty.
(5)
The Authority may, by written notice to a regulated person, a designated media licensee, or the owner or controller of an essential resource, give such direction or impose such financial penalty, as the Authority considers appropriate —
where written representation is made by that person, licensee, owner or controller in accordance with subsection (4) — after considering that representation; or
where no written representation is made — after the time mentioned in subsection (4)(b) lapses.
(6)
Subject to section 68(5), a direction or a requirement to pay a financial penalty under this section takes effect at such time (after service of the notice under subsection (5)) as the Authority specifies in that notice.
(7)
The Authority may, at any time, suspend or revoke a direction (or any part of it) given under this section.
(8)
Any person who, without reasonable excuse, fails to comply with any direction given under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both.
(9)
A reference in this section to the giving of a direction includes a reference to the varying of that direction.
(10)
In this section, unless the context otherwise requires, “designated media licensee” has the meaning given by section 65A(5).